Blogs

On July 23, 2018, the U.S. House of Representatives unanimously passed the Private Property Rights Protection Act of 2017 (H.R. 1689).  Sponsored by Wisconsin Congressman F. James Sensenbrenner, Jr. and California Congresswoman Maxine Waters, the Act intends to address Kelo v. City of New London, the controversial 2005 U.S. Supreme Court decision that affirmed ...

In an opinion filed June 28, and later ordered modified and published on July 27, 2018, the Second District Court of Appeal (Div. 6) affirmed the trial court’s $21,160.46 cost award in favor of a prevailing party public agency for costs associated with preparing the administrative record in a CEQA case, despite petitioner’s election to ...

On July 25, 2018, the Third District Court of Appeal published Nat’l Conference of Black Mayors v. Chico Community Publishing, Inc. , __ Cal.App.5th __ (2018) (Case No. C083956), a case of first impression addressing whether the Public Records Act allows an award of attorney fees to a requester who litigates against an officer of ...

In an opinion filed June 28, and later ordered published on July 27, 2018, the Second District Court of Appeal (Div. 6) affirmed the trial court’s judgment dismissing on demurrer a writ petition seeking to compel the County of San Luis Obispo to comply with CEQA in issuing well construction permits to four agricultural enterprises, ...

Yesterday marked another significant step toward completion of the years-long journey of the first major CEQA Guidelines update in decades.  The California Natural Resources Agency gave notice on July 2, 2018 of its modifications to OPR’s originally-proposed Guidelines changes.  The Agency called for written comments, limited to these “15-day language” modifications, to be submitted by ...