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5/6/2013
Prevailing Wages: Beware of Fee Waivers Even When They are Not Waived
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4/8/2013
Certain Residential Developments Exempt from CEQA Review: Greenhouse Gas Emission Issues Do Not Constitute New Information
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9/21/2012
Coalition for Clean Air: Filing an NOE Before Project Approval Does Not Trigger CEQA's 35-Day Statute of Limitations
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7/6/2012
California Supreme Court Rules that Prevailing Wage Laws Do Not Apply to Charter Cities
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5/3/2012
Sierra Club v. Napa: Sequential Lot Line Adjustments are Consistent with the Subdivision Map Act and are Exempt from CEQA
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4/25/2012
Appellate Court Upholds Use of Future CEQA Baseline in Neighbors for Smart Rail and Rejects Sunnyvale Holding
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4/5/2012
Sackett v. EPA: Supreme Court Authorizes Pre-Enforcement Review of Clean Water Act Compliance
A unanimous Supreme Court held, on March 21, 2012, that parties who receive administrative compliance orders from the U.S. Environmental Protection Agency ("EPA") under the authority of the federal Clean Water Act are entitled to "pre-enforcement review," that is, they may bring lawsuits to challenge the jurisdictional basis for such orders in court. When EPA determines that a person is discharging a pollutant into the "waters of the United States" without a permit, the Clean Water Act requires EPA either to issue a compliance order or to file a lawsuit to enforce the Act's requirements. Compliance orders have become a preferred tool for EPA to obtain quick remediation through "voluntary compliance." Parties who questioned the government's assertion of federal jurisdiction over their property either had to obey the government's compliance order, thereby losing the benefits of their ownership of their land, or refuse to comply, thereby risking ruinous liability for penalties of up to $37,500 per day if EPA decided to sue and the court decided that the government had properly asserted federal jurisdiction.
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3/27/2012
U.S. Supreme Court Authorizes Pre-Enforcement Review of Clean Water Act Compliance Orders
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2/24/2012
California Redevelopment Agency Update: The Implications of the Matosantos Decision
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1/3/2012
California Supreme Court Upholds Elimination of Redevelopment Agencies
This alert applies to those in California that work with redevelopment agencies.
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8/10/2011
New Budgets Calls for Reallocation of Local Redevelopment Revenue Back to the General Fund
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7/28/2011
The California Supreme Court Takes on the Eternal Question: Paper or Plastic?
The Court answered two questions in its ruling: (1) a corporate entity is not subject to a heightened standard in determining whether it has "standing" to bring a lawsuit under CEQA; and (2) the City of Manhattan Beach was not required to prepare an Environmental Impact Report to study the potential adverse environmental impacts stemming from an ordinance banning the use of plastic bags by local businesses.
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7/18/2011
New Subdivision Map Act Extension Bill Signed
Information in this alert directly affects all owners of property with a current tentative or vesting tentative map or other entitlements with applicable expiration dates.
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5/20/2011
Governor's Budget Revision Continues To Target Redevelopment For Elimination
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5/4/2011
Tip: Eminent Domain: What To Do When The Government Comes Knocking
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2/8/2011
California's Revised Construction Stormwater Permit - New Regulations & Costs
The permit applies to all construction activities of one acre or more.
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1/29/2011
Operators of Stationary Refrigeration Systems are Subject to New California Air Regulations
This alert applies to owners and operators of commercial buildings in the State of California with air conditioners (comfort coolers) or refrigeration systems.
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6/24/2010
Bay Area Air District Adopts Groundbreaking CEQA Thresholds of Significance for Greenhouse Gas Emissions
“The Air District’s new comprehensive CEQA Guidelines provide tools for local agencies to use in making smart development decisions that protect residents from harmful air emissions and reduce greenhouse gases.” Jack Broadbent,
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5/24/2010
Construction Projects in California Greater Than One Acre Will Be Subject to New Storm Water Control Regulations
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2/19/2010
Cadmium Levels in Consumer Products Scrutinized
The information in this alert affects manufacturers and distributors of consumer products.
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2/2/2010
Prohibiting Plastic Shopping Bags May Require an EIR
This aggressive application of CEQA allows a plastic bag trade group to challenge a local plastic bag ban that was intended to protect the environment.
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1/12/2010
Court Provides Further Clarity on State Density Bonus Law
Land Use & Environmental
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12/11/2009
EPA Issues Greenhouse Gas Endangerment Finding; Sets Stage For Future Federal Action
The information in this alert affects developers.
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10/13/2009
Legal Alert: Court Upholds EIR Against Challenges to Energy Impacts Analysis, Extra-Jurisdictional Mitigation, and Amendments Following Planning Commission Review
This alert discusses a key CEQA case which provides guidelines for preparing an EIR.
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10/6/2009
Legal Alert: Ninth Circuit Finds That Local Rent Control Constitutes a Regulatory Taking
A Rare Pro-Landowner Takings Case that Covers Several Key Issues Critical to Landowners, Local Governments and Attorneys
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