Author Info for Best Best & Krieger LLP

Kristin Allen

July 1, 2024 Deadline for California Employers to Implement Workplace Violence Prevention Plan

REMINDER: The deadline for compliance with Senate Bill No. 553 (“SB 553”) is approaching. This new law mandates that covered California employers must implement measures to prevent and address workplace violence… more

Cal-OSHA, California, Compliance, Filing Deadlines, Labor Code

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Alison Alpert

California Extends COVID-19 Supplemental Paid Sick Leave

Governor Signs AB 152, Changes To Take Effect Immediately - Governor Newsom has signed Assembly Bill 152 (AB 152), which – effective immediately – extends California’s COVID-19 supplemental paid sick leave (SPSL) through Dec… more

Coronavirus/COVID-19, Paid Sick Leave, Sick Leave, State Labor Laws, Supplemental Benefits

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Steve Anderson

Federal Wildlife Agencies Propose Rescinding Definition of “Harm” Under Endangered Species Act

On April 17, 2025, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (Services) proposed a rule to rescind the regulatory definition of “harm” under the Endangered Species Act (ESA). The proposed rule is… more

Administrative Procedure Act, Chevron Deference, Endangered Species Act (ESA), Government Agencies, Loper Bright Enterprises v Raimondo

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Dean Atyia

Court of Appeal Upholds Traffic Impact Fee Post-Sheetz: Class-Based Development Fees Can Survive Takings Scrutiny

The United States Supreme Court’s April 12, 2024 decision in Sheetz v. County of El Dorado unanimously rejected longstanding California precedent. The Court’s decision further solidified that fees imposed as a condition of… more

California, Dolan v City of Tigard, Impact Fees, Land Use Fees, Nollan v California Coastal Commission

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Jeffrey Ballinger

Common Interest Developments May Not Impose Post-Purchase Restrictions on Short-Term Rentals

City Restrictions Are Not Affected - The popularity of Airbnb, VRBO and other online hospitality marketplaces has led to a large increase in short-term vacation rentals (STRs). While STRs might be an owner’s dream, they can… more

AirBnB, Property Owners, Rental Property, Short-Term Lease, Vacation Rentals

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Jason Baltimore

2025 California Legal Updates: What You Need to Know – Part Five

In Part Five of the New Laws series from Best Best & Krieger LLP (BBK), new legislation for 2025 focusing on the Brown Act, Environment, Public Contracts, Affordable Housing, Elections and Employment Law includes key takeaways… more

Affordable Housing, Cal Code of Civil Procedure, California, CEQA, Cybersecurity

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Kurt Barker

Presidential Executive Orders and The Workplace

Inauguration week yielded a flurry of presidential executive orders, including 26 on Monday, January 20, 2025, alone. Many of those orders seem to be creating buzz, if not serious and understandable confusion, about possible… more

Anti-Discrimination Policies, Bostock v Clayton County Georgia, Civil Rights Act, Diversity and Inclusion Standards (D&I), Employment Discrimination

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Ryan Baron

CA Supreme Court Scales Back Judicial Deference for CPUC Decisions

On August 7, 2025, the California Supreme Court (the Court) issued Opinion S283614 in the case Center For Biological Diversity, Inc. v. Public Utilities Commission regarding the degree of deference that courts should afford to… more

Appellate Courts, CA Supreme Court, California, Judicial Deference, Public Utilities Commission

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Alison Bassett

COVID-19: Health Care Districts, Nonprofits and FEMA Emergency Assistance

Government agencies, including special and health care districts, as well as some nonprofits, are eligible for Federal Emergency Management Agency assistance under President Trump’s COVID-19 pandemic emergency declaration. Last… more

501(c)(3), Coronavirus/COVID-19, Emergency Response, FEMA, Local Health Care Districts

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Whitney Blackhurst

First Amendment Rights of California Public Agencies Affirmed by Appellate Court - Anti-SLAPP Motion Successful in Dispute

A court of appeal dismissed a challenge to a county’s characterization of stored chemicals as hazardous waste, holding that by making that determination and forwarding it to the district attorney, the county had engaged in… more

Anti-SLAPP, Appeals, First Amendment, Hazardous Waste, Motion to Dismiss

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Evelyn Blanco

2025 California Legal Updates: What You Need to Know – Part Five

In Part Five of the New Laws series from Best Best & Krieger LLP (BBK), new legislation for 2025 focusing on the Brown Act, Environment, Public Contracts, Affordable Housing, Elections and Employment Law includes key takeaways… more

Affordable Housing, Cal Code of Civil Procedure, California, CEQA, Cybersecurity

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Jennifer Bradlee

California Attorney General Clarifies Use of Premium From Sale of School District General Obligation Bonds

Premium Must Be Used for Debt Service Repayment - Until recently, there has been uncertainty surrounding premium generated from new money school district general obligation bonds – can the premium be used to pay certain costs… more

Municipal Advisers, Municipal Bonds, School Districts, State Attorneys General

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Alexander Brand

City’s Ability to Keep Firearms Away From Dangerous Individuals Affirmed

Ninth Circuit Determines City Did Not Have to Return guns to Wife Because Husband Posed Threat - A city’s ability to protect public safety by preventing dangerous individuals from accessing firearms was affirmed last week by… more

Due Process, Firearms, Forfeiture Statutes, Gun Laws, Just Compensation

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John Brown

Will Driverless Car Regulations Leave People with Disabilities Behind?

Earlier this month, the California Department of Motor Vehicles hosted public workshops to discuss its proposed regulations for the deployment of autonomous vehicles. Many advocates for people with disabilities voiced their… more

Automotive Industry, Disabilities, DMV, Driverless Cars, NHTSA

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Kimberly Byrens

Attention, Public Agencies! Annual Report Deadline is Approaching

Public Agencies Should Immediately Review Continuing Disclosure Agreements for Any Publicly Offered Municipal Securities - Issuers of publicly offered municipal securities — including bonds, certificates of participation,… more

Deadlines, Municipal Bonds, Municipal Securities Issuers, Reporting Requirements

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Joseph Byrne

A Well-Informed Start to 2024: BBK’s Guidance for New Laws in California – Part Three

In Part Three of the New Law Guidance series from Best Best & Krieger LLP (BBK), we cover important new legislation for 2024 related to environmental law and the California Environmental Quality Act (CEQA). Below we provide… more

Affordable Housing, California, CEQA, Climate Change, New Legislation

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Gregory Caffas

Supreme Court Rules FCC’s Universal Service Fund Is Constitutional

On June 27, 2025, the Supreme Court decided FCC v. Consumers’ Research, No. 24-354 (U.S. June 2025), ruling that the Universal Service Fund’s (USF) contribution structure, as administered by the Federal Communications Commission… more

Appeals, Constitutional Challenges, FCC, Government Agencies, Judicial Authority

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Nathalie Camarena

Post-Redevelopment Distribution of Tax Increments Clarified

California Appellate Court Provides Guidance - Passthrough payments negotiated prior to the dissolution of redevelopment agencies must be paid in full before remaining tax increments are distributed… more

Corporate Dissolution, Passthru Payments, Real Estate Development, Redevelopment, Tax Increment Financing

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Scott Campbell

Housing and Environmental New Laws

Part 2: New Laws Impacting California Public Agencies for 2021 - Among the new laws passed last year by California were a variety that seek to address the State’s ongoing housing shortage and environmental issues. Some of the… more

Affordable Housing, CEQA, Coronavirus/COVID-19, Drinking Water, Eviction

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Sonia Rubio Carvalho

Appellate Court Rejects CEQA Challenges to Development in Santa Ana - BB&K Team Represented City

In a decision that supports both history and progress, a California appellate court on Wednesday rejected several legal challenges to a residential project on a portion of a former orchard. Representing the City of Santa Ana,… more

CEQA, Historical Rehabilitation, Real Estate Development

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Henry Castillo

Two Courts Offer Election Guidance: Slow-Walking Ballots is Unconstitutional

Mail-In and Absentee Ballots Debated in COVID-19 Pandemic and Election Day Overlap - Two recent cases indicate a judicial willingness to intervene in election processes to protect and broaden voting rights. The cases… more

Absentee Voting, Coronavirus/COVID-19, Legislative Agendas, Mail-In Ballots, New Rules

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Monica Castillo

2025 California Legal Updates: What You Need to Know – Part Four

The California Public Records Act requires local agencies to make public records available for inspection, including posting them on their websites. AB 1637 does the following… more

California, Cannabis Products, Driverless Cars, Enforcement, Fines

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Christine Chacon

Living Trusts and Residential Real Estate, Concerns After Wildfires

If you have established a living trust and own real estate, you were likely advised to transfer the real estate to your trust. A living trust may also be known as a “revocable trust,” “inter vivos trust,” or “family trust.” Many… more

California, Estate Planning, Mortgage Lenders, Probate, Property Insurance

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Aaron Chandler

Supreme Court of the United States Grants Writ of Certiorari to Landmark Homeless Enforcement Case from the Ninth Circuit

On August 22, 2023, the City of Grants Pass filed a Petition for a Writ of Certiorari with the Supreme Court of the United States. Once a petition is submitted, the Court issues a response deadline for the Respondent(s); in this… more

Cruel & Unusual Punishment, En Banc Review, Enforcement, Homeless Issues, Petition for Writ of Certiorari

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Mary Beth Coburn P.E.

CARB Compliance for Construction Contractors

In November 2022, the California Air Resources Board (“CARB”) approved amendments to the In-Use Off-Road Diesel-Fueled Fleet regulations (“Regulations”), which impact construction contractors (“Contractors”) and take effect… more

California, CARB, Certification Requirements, Compliance, Construction Industry

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Matthew Cody

A Well-Informed Start to 2024: BBK’s Guidance for New Laws in California – Housing Part Three

In the final part of the 2024 Housing New Law Guidance series from Best Best & Krieger LLP (BBK), we cover important new housing legislation related to fire safety, elections, post-entitlement phase permits, streamlined process… more

Affordable Housing, Building Codes, Building Standards, California, Enforcement

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Colin Coffey

Health Care Districts Facing New Requirements Under AB 2019 - Impacts to Information Sharing, Grant Policies and More

Assembly Bill 2019, signed into law last month by Gov. Jerry Brown, imposes additional requirements on California’s health care districts… more

Affordable Housing, Design-Build, Economic Development, Grants, Health & Safety Standard

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Chad Colton

CA Supreme Court Scales Back Judicial Deference for CPUC Decisions

On August 7, 2025, the California Supreme Court (the Court) issued Opinion S283614 in the case Center For Biological Diversity, Inc. v. Public Utilities Commission regarding the degree of deference that courts should afford to… more

Appellate Courts, CA Supreme Court, California, Judicial Deference, Public Utilities Commission

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Kara Coronado

Best in Law: Three Steps Commercial Landlords Should Take to Avoid COVID-19 Liability

Safe Spaces are a Priority - The federal Occupational Health and Safety Administration recently released new guidelines for employers to implement best practices in protecting workplaces during the COVID-19 pandemic. While… more

Best Practices, Commercial Tenants, Coronavirus/COVID-19, Employer Liability Issues, Health and Safety

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Roger Crawford

Wage & Hour, Leave and Other New Laws for California Employers

Part 2: New Labor & Employment Laws for Businesses and Public Agencies in 2021 - While much of the legislation state lawmakers passed in 2020 was in response to the COVID-19 pandemic, California also adopted an array of labor… more

Employer Liability Issues, Independent Contractors, Minimum Wage, Pay Data, Prevailing Wages

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Lowry Crook

Supreme Court Issues First Major NEPA Ruling in Two Decades

On May 29, 2025, the U.S. Supreme Court issued an 8-0 opinion that clarifies the scope of environmental effects analysis under the National Environmental Policy Act (NEPA) and requires substantial judicial deference to federal… more

Administrative Procedure Act, Energy Projects, Environmental Litigation, Government Agencies, Judicial Authority

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Amanda Daams

California Legislature Enacts Significant Revisions To CEQA

On June 30, 2025, Governor Newsom signed Assembly Bill 130 (AB 130) and Senate Bill 131 (SB 131), two budget trailer bills that significantly modify the California Environmental Quality Act (CEQA), effective immediately. The… more

Affordable Housing, California, CEQA Reform, Environmental Assessments, Housing Developers

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Piero Dallarda

EPA Releases Proposed Rule Designating PFOA and PFOS as Hazardous Substances Under CERCLA

Municipalities and Special Districts Could Face Liability As a Result - The U.S. Environmental Protection Agency (EPA) has released the pre-publication of the long-awaited Proposed Rule designating perfluorooctanoic acid… more

CERCLA, Contamination, Environmental Protection Agency (EPA), Hazardous Substances, Proposed Rules

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Paula de Sousa

California’s Moratorium on Water Shut-Offs Extended and Expanded

SB 155 Took Effect Immediately - Until recently, Gov. Gavin Newsom’s executive orders indicated that the moratorium on termination of water service to residential customers and small businesses in critical infrastructure… more

Executive Orders, Governor Newsom, Moratorium, State and Local Government, Water

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Christopher Deal

Best in Law: Business Interruption Insurance and COVID-19

In March and April, as businesses were suddenly forced to close due to the COVID-19 pandemic, many business owners asked whether there was insurance coverage for the losses caused by the shutdown. Originally published in The… more

Business Closures, Business Interruption, Civil Authority Coverage, Commercial General Liability Policies, Coronavirus/COVID-19

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Steven DeBaun

The First Self-Driving Death - Mitigating Risks, Regulatory Update and a Tale of Two States

California’s regulations governing the testing and deployment of autonomous vehicles went into effect last week… more

Automotive Industry, Connected Cars, Driverless Cars, Innovative Technology, Motor Vehicles

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Stephen Deitsch

New California Law Pushes Cities to Approve Electric Vehicle Charging Stations

Large Cities Are Required to Adopt Appropriate Ordinance By Sept. 30 - A new law that just went into effect pushes local governments to approve applications for the installation of electric vehicle charging stations… more

Charging Stations, Electric Vehicles, Local Ordinance, New Legislation, Permits

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Christopher Diaz

New Brown Act Requirements from Second District Court of Appeals

CEQA Finding of Exemption to be Listed on an Agency’s Agenda for its Public Meetings - In G.I. Industries v. City of Thousand Oaks, the Second District Court of Appeal recently held that the City Council’s approval of a… more

Appeals, CEQA, Urban Planning & Development

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Scott Ditfurth

“You Can’t Stand in the Way of Progress”

California Appellate Court Says Public Utility Must Pay to Relocate Pipelines to Make Way for Public Transportation Project - In a landmark victory for transportation agencies, the California Court of Appeal brought clarity… more

Appeals, Appellate Courts, Franchises, Oil & Gas, Public Agencies

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Tyree Dorward

California Water Providers Must Test for Lead in Local Schools’ Water by Mid-2019 - AB 746 Imposes Requirements for Water Providers and School Districts

Under a new state law, California water providers will need to test for lead in local schools’ drinking water on or before July 1, 2019. The new law, AB 746, imposes certain requirements on both water providers and school… more

Drinking Water, Educational Institutions, Lead, New Legislation, School Districts

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Jeffrey Dunn

City’s Ordinance Upheld - BB&K Team Represented City of San Clemente in Hospital Ordinance Challenge

A team of Best Best & Krieger LLP attorneys represented the City of San Clemente in the successful defense of a City ordinance that ensures operations for a much-needed hospital… more

Emergency Rooms, Healthcare Facilities, Hospitals, Local Ordinance, Public Interest

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Ruben Duran

Update: Gov. Newsom Signs AB 361 Amending the Brown Act

Urgency Bill Takes Immediate Effect to Allow Virtual Meetings Under Certain Circumstances - As the California State Legislative session drew to a close on September 10, AB 361, one of several bills that had been introduced to… more

Coronavirus/COVID-19, Executive Orders, Governor Newsom, Public Comment, State and Local Government

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Mark Easter

Best in Law: Should Your Business File a Property Tax Appeal?

Taxpayers Have Options to Contest their Property Tax Bill - In the past month, California property tax bills have become due. While some markets are hot and property values are rising, commercial property values have declined… more

County Assessors, Property Owners, Property Tax, Property Valuation, Tax Appeals

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Richard Egger

Living Trusts and Residential Real Estate, Concerns After Wildfires

If you have established a living trust and own real estate, you were likely advised to transfer the real estate to your trust. A living trust may also be known as a “revocable trust,” “inter vivos trust,” or “family trust.” Many… more

California, Estate Planning, Mortgage Lenders, Probate, Property Insurance

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Michael Ervin

Governor Newsom Signs Three New Accessory Dwelling Unit Bills

In recent years, the California Legislature has enacted bills that reduce local control over the development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs). Recent examples include legislation… more

Accessory Dwelling Units (ADUs), California, Governor Newsom, Multi-Family Housing, New Legislation

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Andrew Fausto

2025 California Legal Updates: What You Need to Know – Part Four

The California Public Records Act requires local agencies to make public records available for inspection, including posting them on their websites. AB 1637 does the following… more

California, Cannabis Products, Driverless Cars, Enforcement, Fines

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Jeffry Ferre

Housing and Environmental New Laws

Part 2: New Laws Impacting California Public Agencies for 2021 - Among the new laws passed last year by California were a variety that seek to address the State’s ongoing housing shortage and environmental issues. Some of the… more

Affordable Housing, CEQA, Coronavirus/COVID-19, Drinking Water, Eviction

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Laura Fowler

Face Coverings at Work: Cal/OSHA Issues Revised Regulations

Emergency Temporary Standards Better Align with CDC and CDPH Guidelines - The California Occupational Safety and Health Standards Board voted Thursday to bring its COVID-19 workplace regulations (known as Emergency Temporary… more

Cal-OSHA, Coronavirus/COVID-19, Corporate Counsel, Infectious Diseases, Masks

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Eric Garner

Appellate Decisions Limiting Groundwater Pumping in an Overdrafted Basin

Antelope Valley Groundwater Basin Adjudication - A California Court of Appeal recently issued two opinions affirming a physical solution limiting the right to pump groundwater by a landowner who has never pumped from the… more

Appeals, Groundwater, Land Owners, Water

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Maya Garza

California Advanced Records Center Updates – What’s New in 2025

In the Advanced Records Center (ARC) section of the New Laws series from Best Best & Krieger LLP (BBK), new legislation related to the California Public Records Act (PRA) includes takeaways and analyses of AB 134, AB 1147, AB… more

California, Data Privacy, Government Agencies, Law Enforcement, New Legislation

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Todd Gee

Corporate Transparency Act Back and Forth Continues – 5th Circuit Reinstates Injunction

On December 26, 2024, the United States Court of Appeals for the Fifth Circuit (Fifth Circuit) vacated its December 23, 2024 order which reinstated filing obligations under the Corporate Transparency Act (CTA). The Fifth… more

Appeals, Appellate Courts, Beneficial Owner, Corporate Transparency Act, FinCEN

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Cynthia Germano

[WEBINAR] Labor & Employment Law: What Changed in 2017

Best Best & Krieger Labor & Employment attorneys discussed new legislation and case law impacting California employers - private and public. What Was Discussed -Legislation passed in 2017 -Wage and hour… more

Contractors, Criminal Background Checks, Department of Labor (DOL), Department of Transportation (DOT), Disability Discrimination

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James Gilpin

BB&K Represents Water District in Historic Indian Water Rights Settlement

Congress enacted the Pechanga Band of Luiseño Mission Indian Water Rights Settlement Act in late 2016 as part of the Water Infrastructure Improvements for the Nation Act (S.612). The Act, in part, culminates years of settlement… more

Groundwater, Settlement Agreements, Tribal Lands, Water Rights

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Joanna Gin

A Well-Informed Start to 2024: BBK’s Guidance for New Laws in California – Part Three

In Part Three of the New Law Guidance series from Best Best & Krieger LLP (BBK), we cover important new legislation for 2024 related to environmental law and the California Environmental Quality Act (CEQA). Below we provide… more

Affordable Housing, California, CEQA, Climate Change, New Legislation

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Bennett Givens

Landlord’s Checklist for Verizon’s $3.3 Billion Tower Deal With Vertical Bridge

Verizon Wireless signed a $3.3 billion deal with Vertical Bridge, a growing cell site manager, to lease, operate and manage 6,339 of Verizon’s cell towers across the country. The deal exemplifies a growing trend in the wireless… more

Enforcement, FCC, Landlords, Property Owners, Verizon

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Gary Gold

Supreme Court Issues First Major NEPA Ruling in Two Decades

On May 29, 2025, the U.S. Supreme Court issued an 8-0 opinion that clarifies the scope of environmental effects analysis under the National Environmental Policy Act (NEPA) and requires substantial judicial deference to federal… more

Administrative Procedure Act, Energy Projects, Environmental Litigation, Government Agencies, Judicial Authority

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Howard Golub

CPUC Proceedings of Note: PG&E Restructuring, Undergrounding and Wildfire Mitigation - Public Agencies Will Be Impacted by Various Actions

Pacific Gas and Electric’s announcement that it intends to file for bankruptcy by the end of January will have a significant impact on public agencies… more

Commercial Bankruptcy, Corporate Restructuring, CPUC, PG&E, Public Agencies

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Chloe Graham

Court of Appeal Upholds Traffic Impact Fee Post-Sheetz: Class-Based Development Fees Can Survive Takings Scrutiny

The United States Supreme Court’s April 12, 2024 decision in Sheetz v. County of El Dorado unanimously rejected longstanding California precedent. The Court’s decision further solidified that fees imposed as a condition of… more

California, Dolan v City of Tigard, Impact Fees, Land Use Fees, Nollan v California Coastal Commission

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Matthew Green

Ninth Circuit Gives Cities Boost in Regulating Rent Increases - Limitations on Rent Increases Imposed by Cities Not Considered a “Taking”

City governments’ broad powers to enforce rent control and other regulations — even if that results in lower profits for landlords — were reinforced in a recent opinion from the U.S. Ninth Circuit Court of Appeals… more

Fifth Amendment, Municipalities, Property Owners, Regulatory Oversight, Regulatory Standards

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Ellen Grover

White House Council on Environmental Quality Finalizes NEPA Phase II Rulemaking

On May 1, 2024, the White House Council on Environmental Quality (CEQ) finalized a rule to undo most of the remaining 2020 Trump Administration changes to the federal environmental review process under the National Environmental… more

CEQ, Climate Change, Environmental Assessments, Environmental Impact Statements, Environmental Justice

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Ryan Guiboa

Parking Enforcement Case May Reverberate Beyond 6th Circ.

Like many cities across the nation, the City of Saginaw, Michigan, has used tire chalking — the technique of marking a parked car’s tire with chalk to determine how long it has been stationary. When an officer returns to a car… more

Enforcement, Fourth Amendment, Municipalities, Parking Tickets, Public Safety

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Dylan Gunzel

A Well-Informed Start to 2024: BBK’s Guidance for New Laws in California – Part Four

In Part Four of the New Law Guidance series from Best Best & Krieger LLP (BBK), we cover important new legislation for 2024 related to election law, density bonus law, parking, labor law, microenterprises, cannabis and crimes… more

California, Cannabis Products, Cannabis-Related Businesses (CRBs), Density Bonus, Elections Code

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Leeann Habte

Ransomware Prevention and Response Tips for Public Agencies

As Cities, Utilities and Others Increasingly Become Targeted, Privacy & Cybersecurity Partner Leeann Habte Gives Guidance in PublicCEO - Recent ransomware attacks on utilities and municipalities have heightened awareness of the… more

Cyber Attacks, Cybersecurity, Data Protection, Data Security, Hackers

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Shawn Hagerty

EPA Announces Plan to Modify PFAS Drinking Water Rule and Extend Compliance Deadline

On May 14, 2025, the U.S. Environmental Protection Agency (EPA) announced its latest plans to address PFAS contamination in drinking water. Specifically, the EPA plans to retain the National Primary Drinking Water Regulation… more

Compliance Dates, Drinking Water, Environmental Protection Agency (EPA), Final Rules, PFAS

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Denise Hansen

U.S. Supreme Court Rules That Cities May Enforce Camping Ordinances

In recent years, two Ninth Circuit Court of Appeals decisions—Martin v. City of Boise (“Martin”) and Johnson v. City of Grants Pass (“Johnson”)—significantly narrowed the permissible scope of local regulation of public camping… more

Penalties, SCOTUS

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James Harper

Best in Law: IRS Moves Mean It's Time to Shift Family Entity Wealth

The IRS may take action very soon to eliminate or reduce a widely used and valuable family business entity wealth transfer strategy. The window of opportunity to take advantage of this strategy may close within the next month or… more

Business Income, Estate Planning, Family Businesses, Family Limited Liability Companies, Family Limited Partnerships

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Kieran Hartley

2025 California Labor & Employment Updates - What You Need to Know Part 1

New legislation in 2025 focusing on Employee Rights, Public Records Act, Disability Discrimination and Wage and Hour Compliance. Employee Rights SB 1340 SB 1340 provides local governmental agencies with the authority to… more

California, Compliance, Disability Discrimination, Employee Rights, Employment Discrimination

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Michelina Hassell

California Updates Levine Act “Pay to Play” Campaign Contribution Restrictions for 2025

Governor Newsom signed a bill on September 30 that will update the State’s “pay to play” campaign contribution law commonly known as the “Levine Act” starting on January 1, 2025. The Levine Act currently prohibits agency… more

California, Disclosure Requirements, Pay-To-Play, Political Campaigns, Political Contributions

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T. Brent Hawkins

Statute Authorizing Transfer of Local Taxes as Penalty is Unconstitutional

California Appellate Court Ruling on Proposition 22 - A statute authorizing the transfer of sales and use tax and property tax revenues from cities is unconstitutional on its face, the California Court of Appeal found last… more

Property Tax, Redevelopment, Sales & Use Tax, Successors, Tax Revenues

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Craig Hayes

Preparing for COVID-19 Pandemic FEMA Public Assistance Reimbursement

Public Agencies Should Take Steps Now to be Eligible for Cost Recovery - If your agency may provide, has provided or is currently providing extraordinary emergency protective measures as a result of the COVID-19 pandemic,… more

Coronavirus/COVID-19, Disaster Aid, FEMA, Public Agencies, Public Assistance

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James Hobson

Communications Technology Transitions

FCC Seeks Local Government Views - It is rare for the Federal Communications Commission to expressly invite local government participation in formulating communications policy, so when this happens it is worth special… more

FCC, NPRM, Public Comment, Public Policy, Telecommunications

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Christi Hogin

[WEBINAR] Planning in the Coastal Zone

This webinar discusses the responsibilities and authorities of local governments under the California Coastal Act, including the preparation of a Local Coastal Program and amendments and the issuance of coastal development… more

Best Practices, California Coastal Commission, Coastal Real Estate, Construction Permits, Jurisdiction

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Geremy Holm

A Toll Increase for Toll Bridge is Not a Tax Increase

California Appellate Court Says Toll is a Fee to Use Government Property, Exempt from Tax Definition- Tolls imposed for use of state-owned toll bridges are not taxes, and increases to the rates for those tolls are not subject… more

Ballot Measures, California, Exemptions, Government Property, Split of Authority

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Amy Hoyt

Name Change For Office of Planning and Research and Fish and Wildlife 2025 Filing Fees Increase

Effective July 1, 2024, the California Governor’s Office of Planning and Research (OPR) was renamed to the Governor’s Office of Land Use and Climate Innovation (LCI). The announcement from the Governor’s Office regarding this… more

California, CEQA, Climate Change, Environmental Impact Report (EIR), Filing Fees

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Elizabeth Hull

U.S. Supreme Court Rules That Cities May Enforce Camping Ordinances

In recent years, two Ninth Circuit Court of Appeals decisions—Martin v. City of Boise (“Martin”) and Johnson v. City of Grants Pass (“Johnson”)—significantly narrowed the permissible scope of local regulation of public camping… more

Penalties, SCOTUS

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Tammy Ingram

Name Change For Office of Planning and Research and Fish and Wildlife 2025 Filing Fees Increase

Effective July 1, 2024, the California Governor’s Office of Planning and Research (OPR) was renamed to the Governor’s Office of Land Use and Climate Innovation (LCI). The announcement from the Governor’s Office regarding this… more

California, CEQA, Climate Change, Environmental Impact Report (EIR), Filing Fees

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Kira Johnson

BB&K Files Appeal to U.S. Supreme Court in Threatened Santa Ana Sucker Case

A team of BB&K attorneys, working pro bono, garnered headlines this week for case of first impression. Best Best & Krieger LLP filed a petition to the U.S. Supreme Court on behalf of two cities and 10 water agencies, asking… more

Appeals, Critical Habitat, Endangered Species Act (ESA), Environmental Policies, SCOTUS

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Gail Karish

Call to Action: Impending Threat to Communities’ Property Rights, Revenues and Police Powers Demands Planning and Response from new Telecommunications Legislation and Rules

Local governments must prepare now for renewed efforts in Washington, D.C. to restrict, and in some cases, eliminate a community’s ability to manage their property, receive fair compensation for the private use of public assets,… more

Broadband, FCC, Infrastructure, Legislative Agendas, New Legislation

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Lutfi Kharuf

Vehicle Code Prohibits City from Indirectly Charging Solid Waste Trucks for Use of Roadway

On August 20, 2025, the California Supreme Court denied review of a Court of Appeal decision finding that the City of Redlands charged an impermissible fee for the privilege of using local roads by embedding street repair costs… more

Appeals, California, Infrastructure, State and Local Government, Statutory Interpretation

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Philip Koehler

403(B) Plan Employer Eligibility Failures

One of the principal drivers of 403(b) Plans for governmental agencies is that when they are combined with a governmental 457(b) Plan, employees eligible for both plans may “double dip.” This is a common scenario for employees… more

403(b) Plans, 457(b) Plans, 501(c)(3), Compliance, Employee Benefits

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Miles Krieger

Best in Law: Should Your Business File a Property Tax Appeal?

Taxpayers Have Options to Contest their Property Tax Bill - In the past month, California property tax bills have become due. While some markets are hot and property values are rising, commercial property values have declined… more

County Assessors, Property Owners, Property Tax, Property Valuation, Tax Appeals

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Anya Kwan

U.S. Environmental Protection Agency Finalizes New Drinking Water Regulations for Six PFAS Chemicals

On April 10, 2024, the U.S. Environmental Protection Agency (EPA) issued final new national primary drinking water regulations for six per- and polyfluroralkyl substances (PFAS). The regulations impose Maximum Contaminant Levels… more

CERCLA, Contamination, Drinking Water, Environmental Policies, Environmental Protection Agency (EPA)

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Lauren Langer

AB 130 and SB 131 Include Updates to Major California Housing Laws

On June 30, 2025, two budget trailer bills — Assembly Bill 130 (AB 130) and Senate Bill 131 (SB 131) — were signed by Governor Newsom and went into effect immediately. In addition to significant modifications to the California… more

Affordable Housing, Building Codes, California, CEQA, Housing Developers

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Tillman Lay

Supreme Court Rules FCC’s Universal Service Fund Is Constitutional

On June 27, 2025, the Supreme Court decided FCC v. Consumers’ Research, No. 24-354 (U.S. June 2025), ruling that the Universal Service Fund’s (USF) contribution structure, as administered by the Federal Communications Commission… more

Appeals, Constitutional Challenges, FCC, Government Agencies, Judicial Authority

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Cheryl Leanza

Supreme Court Rules District Courts Not Bound by FCC Statutory Interpretations under the Hobbs Act

On Friday, June 20th, the Supreme Court in McLaughlin Chiropractic Assoc., Inc. v. McKesson Corp., No. 23-1226 (U.S. June 2025), ruled in a 6-3 decision that the Hobbs Act does not bind federal district courts in civil… more

Administrative Procedure Act, Appeals, FCC, Government Agencies, Hobbs Act

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Gerard Lavery Lederer

Supreme Court Rules District Courts Not Bound by FCC Statutory Interpretations under the Hobbs Act

On Friday, June 20th, the Supreme Court in McLaughlin Chiropractic Assoc., Inc. v. McKesson Corp., No. 23-1226 (U.S. June 2025), ruled in a 6-3 decision that the Hobbs Act does not bind federal district courts in civil… more

Administrative Procedure Act, Appeals, FCC, Government Agencies, Hobbs Act

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Todd Leishman

Ninth Circuit Upholds Costa Mesa’s Group Home and Sober Living Home Regulations

On December 4, 2024, the U.S. Court of Appeals for the Ninth Circuit upheld Costa Mesa’s group home and sober-living-home regulations in The Ohio House, LLC v. City of Costa Mesa et al. The Court’s decision rejected a challenge… more

Appeals, Discrimination, Fair Housing Authority (FHA), Regulatory Agenda

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Sarah Locklin

2025 California Legal Updates: What You Need to Know – Part Five

In Part Five of the New Laws series from Best Best & Krieger LLP (BBK), new legislation for 2025 focusing on the Brown Act, Environment, Public Contracts, Affordable Housing, Elections and Employment Law includes key takeaways… more

Affordable Housing, Cal Code of Civil Procedure, California, CEQA, Cybersecurity

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Jessica Lomakin

What's Changed: Davis‑Stirling Common Interest Development Act Under AB 130

California’s Assembly Bill 130 (“AB 130”), enacted June 30, 2025, introduces significant amendments to the Davis‑Stirling Common Interest Development Act (“Davis-Stirling”), specifically affecting enforcement provisions under… more

California, Enforcement Actions, Fees, Homeowners Association (HOA), New Legislation

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Andrew Lopez

SB 972 and Its Effect on Sidewalk Food Vending

Cities' Enforcement Options are Further Limited with Decriminalization of California Retail Food Code - Senate Bill 972, which takes effect January 1, 2023, completely decriminalizes sidewalk food vending, creating a new… more

Food Safety, Permits, Restaurant Industry, Retailers

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Marco Ornelas Lopez

In With the New – Part Six

BB&K’s New Law Guidance for a Well-Informed Start to 2023 - In Part Six of our “In With the New” series, Best Best & Krieger LLP covers important new legislation related to environmental matters, housing and public… more

California, California Department of Food and Agriculture (CDFA), CARES Act, Environmental Policies, Flood Control

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Kendall MacVey

12 Orange County Cities Prevail in Federal Antitrust Lawsuits Over Ambulance Services - Ninth Circuit Affirms Lower Court’s Dismissals

The Ninth Circuit U.S. Court of Appeals upheld a lower court decision to dismiss 12 Orange County cities from federal antitrust lawsuits alleging the municipalities monopolized ambulance services in their boundaries… more

Ambulance Providers, Anti-Competitive, Antitrust Litigation, Antitrust Provisions, Antitrust Violations

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Albert Maldonado

SB 972 and Its Effect on Sidewalk Food Vending

Cities' Enforcement Options are Further Limited with Decriminalization of California Retail Food Code - Senate Bill 972, which takes effect January 1, 2023, completely decriminalizes sidewalk food vending, creating a new… more

Food Safety, Permits, Restaurant Industry, Retailers

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Cecilia Martin

In With the New – Part Six

BB&K’s New Law Guidance for a Well-Informed Start to 2023 - In Part Six of our “In With the New” series, Best Best & Krieger LLP covers important new legislation related to environmental matters, housing and public… more

California, California Department of Food and Agriculture (CDFA), CARES Act, Environmental Policies, Flood Control

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Marco Martinez

In With the New – Part Three

BB&K's New Law Guidance for a Happy New Year - In Part Three of our “In With the New” series, BB&K covers important new legislation related to CEQA, development fees, housing, planning, zoning, public contracts and waste… more

CEQA, Filing Requirements, Housing Developers, Urban Planning & Development, Zoning Laws

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Michael Maurer

A Well-Informed Start to 2024: BBK’s Guidance for New Laws in California – Part One

In Part One of the New Law Guidance series from Best Best & Krieger LLP (BBK), we cover important new legislation for 2024 related to public contracts, local agencies and public employees. Below we provide takeaways and analyses… more

Browning-Ferris Industries of California Inc., Independent Contractors, Mitigation, New Legislation, Public Employment Relations Board’s (PERB)

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Seth Merewitz

A Well-Informed Start to 2024: BBK’s Guidance for New Laws in California – Housing Part One

In the first part of the Housing New Law Guidance series from Best Best & Krieger LLP (BBK), we cover important new housing legislation for 2024 related to adaptive reuse projects, density bonus and accessory dwelling units… more

Affordable Housing, California, Density Bonus

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Tiffany Michou

California Legislature Enacts Significant Revisions To CEQA

On June 30, 2025, Governor Newsom signed Assembly Bill 130 (AB 130) and Senate Bill 131 (SB 131), two budget trailer bills that significantly modify the California Environmental Quality Act (CEQA), effective immediately. The… more

Affordable Housing, California, CEQA Reform, Environmental Assessments, Housing Developers

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Charles Miller

CalPERS Contracting Agencies Face New World of Liability Woes

SB 278 Imposes Increased Statutory Liability for CalPERS Reporting Errors - SB 278 was signed into law on Sept. 27, adding Government Code section 20164.5. Section 20164.5 imposes new liability on employers when CalPERS… more

CalPERS, Compensation & Benefits, Employee Benefits, Pensions, Public Employees

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Christopher Moffitt

2025 California Labor & Employment Updates - What You Need to Know Part 2

Assembly Bill 2499 (AB 2499) broadens the range of crimes for which victims of crime or abuse can take protected time off work and allows employees to take time off work in order to support family members who are victims of… more

California, Compliance, Employee Benefits, Employee Rights, New Legislation

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Andre Monette

EPA Announces Plan to Modify PFAS Drinking Water Rule and Extend Compliance Deadline

On May 14, 2025, the U.S. Environmental Protection Agency (EPA) announced its latest plans to address PFAS contamination in drinking water. Specifically, the EPA plans to retain the National Primary Drinking Water Regulation… more

Compliance Dates, Drinking Water, Environmental Protection Agency (EPA), Final Rules, PFAS

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Joshua Nelson

Vehicle Code Prohibits City from Indirectly Charging Solid Waste Trucks for Use of Roadway

On August 20, 2025, the California Supreme Court denied review of a Court of Appeal decision finding that the City of Redlands charged an impermissible fee for the privilege of using local roads by embedding street repair costs… more

Appeals, California, Infrastructure, State and Local Government, Statutory Interpretation

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Josh Newton

Understanding Tribal Sovereignty: An Essential Primer for Productive Native American Relations

The United States recognizes nearly 600 tribes in more than 30 states and tribal sovereignty is protected in the U.S. Constitution, but local governments often lack a general knowledge of tribes’ culture and legal status. In… more

Native American Issues, Sovereign Immunity, Tribal Governments, Tribal Lands

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HongDao Nguyen

First Amendment Regulation of Social Media Use By Public Officials: Official or Personal Account?

Public officials often ask whether the First Amendment restricts their activities on social media, particularly when they seek to delete comments or block individuals from accessing their accounts. Generally, in order for an… more

California, First Amendment, Public Officials, Social Media

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Damian Northcutt

Best in Law: Tips for Better Business-City Relations

How Businesses Can Foster and Leverage Positive Municipal Relationships - Smart entrepreneurs and business owners understand that success comes not only from strong internal operations but also through good relationships with… more

Business Development, Business Ownership, Entrepreneurs, Municipalities

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Nicholaus Norvell

California Updates Levine Act “Pay to Play” Campaign Contribution Restrictions for 2025

Governor Newsom signed a bill on September 30 that will update the State’s “pay to play” campaign contribution law commonly known as the “Levine Act” starting on January 1, 2025. The Levine Act currently prohibits agency… more

California, Disclosure Requirements, Pay-To-Play, Political Campaigns, Political Contributions

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Kylee Otto

Deadline Removed for Local Government Regulation of Medical Marijuana Cultivation in California

The provision of the Medical Marijuana Regulation and Safety Act that created a March 1 deadline for any local regulations of medical marijuana cultivation was removed last week with Gov. Jerry Brown’s signing of AB 21. The… more

Deadlines, Decriminalization of Marijuana, Dispensaries, Local Ordinance, Medical Marijuana

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Sarah Owsowitz

California Legislature Enacts Significant Revisions To CEQA

On June 30, 2025, Governor Newsom signed Assembly Bill 130 (AB 130) and Senate Bill 131 (SB 131), two budget trailer bills that significantly modify the California Environmental Quality Act (CEQA), effective immediately. The… more

Affordable Housing, California, CEQA Reform, Environmental Assessments, Housing Developers

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Hannah Park

Governor Signs AB 1307, Clearing Roadblock to University Housing

On September 7, 2023, the Governor signed Assembly Bill 1307 (AB 1307), which provides that noise generated by occupants of residential projects is not a significant effect on the environment under the California Environmental… more

CEQA, Environmental Impact Report (EIR), Governor Newsom, Student Housing

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Nancy Park

Real Estate Acquisitions for Public Agencies: Do Your Homework!

Thorough, Fact-finding Due Diligence Mitigates Risks, Writes Real Estate Attorney Nancy Park in PublicCEO - Real estate acquisitions gone awry can be damaging for public agencies. They can tarnish an agency’s reputation,… more

Acquisitions, Due Diligence, Easements, Real Estate Market

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Christopher Pisano

City’s Ordinance Upheld - BB&K Team Represented City of San Clemente in Hospital Ordinance Challenge

A team of Best Best & Krieger LLP attorneys represented the City of San Clemente in the successful defense of a City ordinance that ensures operations for a much-needed hospital… more

Emergency Rooms, Healthcare Facilities, Hospitals, Local Ordinance, Public Interest

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Arlene Prater

Compensation, Harassment And Discrimination Cases Brought Labor & Employment Law Changes - California’s 2019 Labor & Employment Update: Part II

State and federal courts handed down labor and employment decisions last year that California employers must be aware of. Read about these decisions that impact everything from equal pay to medical leave, and more… more

#MeToo, Administrative Law Judge (ALJ), Adverse Employment Action, Americans with Disabilities Act (ADA), Civil Rights Act

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Glen Price

CA Supreme Court Scales Back Judicial Deference for CPUC Decisions

On August 7, 2025, the California Supreme Court (the Court) issued Opinion S283614 in the case Center For Biological Diversity, Inc. v. Public Utilities Commission regarding the degree of deference that courts should afford to… more

Appellate Courts, CA Supreme Court, California, Judicial Deference, Public Utilities Commission

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William Priest

Supreme Court Clarifies California Voting Rights Act (CVRA)

The California Supreme Court reversed a 2021 Court of Appeal decision which upheld Santa Monica’s at-large voting system under the CVRA. On the one hand, the Supreme Court agreed with the Court of Appeal and Santa Monica that… more

Appeals, CA Supreme Court, California, Dilution, Local Elections

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Derra Purnell

EPA Withdraws Trump-era Guidance on When Groundwater Releases Require Clean Water Act Permits

Withdrawal expands “functional equivalent” test for discharges that the Supreme Court established in County of Maui v. Hawaii Wildlife Fund - The U.S. Environmental Protection Agency has rescinded January 2020 guidance on how… more

Clean Water Act, Direct Discharge, Discharge of Pollutants, Environmental Protection Agency (EPA), Functional Equivalent

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Antoinette Ranit

AB 98 Establishes Statewide Warehouse Design and Build Standards

On September 29, 2024 Governor Gavin Newsom signed AB 98 into law, establishing various statewide warehouse design and build standards and requiring local governments to institute truck travel routes that minimize impacts on… more

Building Standards, California, New Legislation, Public Health, Trucking Industry

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Kyler Rayden

In with the New – Part Five

In Part Five of our “In With the New” series, Best Best & Krieger LLP covers important new legislation related to the Brown Act, environmental matters, and unions. Here we provide takeaways and analyses of AB 2449, SB 1100, AB… more

CEQA, Coronavirus/COVID-19, DLSE, Energy Projects, Environmental Policies

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George Reyes

BB&K Advises on Partnership and Acquisition Deal for Safe Company - Creates Market Leader in the Field

A team of Best Best & Krieger LLP attorneys represented Cannon Safe, the leading manufacturer of large-scale residential safes and innovator in home defenses systems, in a deal that will expand their services and market share… more

Acquisition Agreements, Partnerships, Security Systems

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Thomas Rice

Supreme Court Clarifies California Voting Rights Act (CVRA)

The California Supreme Court reversed a 2021 Court of Appeal decision which upheld Santa Monica’s at-large voting system under the CVRA. On the one hand, the Supreme Court agreed with the Court of Appeal and Santa Monica that… more

Appeals, CA Supreme Court, California, Dilution, Local Elections

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Matthew Richardson

U.S. Supreme Court Issues Two Decisions Impacting Local Sign Regulations and Flag Policies

Lawful or Landmine? Court Rules on First Amendment Snares - Municipalities throughout the country regulate signs and set policy for flag-flying on public property. Done right, these are lawful functions of local government;… more

Compelling Governmental Interest, Content-Based Restrictions, First Amendment, Free Speech, Local Ordinance

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Michael Riddell

Tribe Lacks Standing in Water Suit - Representing Desert Water Agency, BB&K Attorneys Won Partial Dismissal of Case

Best Best & Krieger LLP attorneys successfully defended a lawsuit filed by the Agua Caliente Band of Cahuilla Indians against two water agencies by showing the tribe lacked standing to pursue federal claims involving groundwater… more

Court of Federal Claims, Groundwater Management Plan, Native American Issues, Standing, Tribal Governments

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Kathryn Romo

California Supreme Court Denies Petition for Review in Police Drone Footage Case

Police Drone Footage Only Exempt From Disclosure - In Some Circumstances The California Supreme Court recently denied the City of Chula Vista’s Petition for Review in Castañares v. Superior Court (Dec. 2023) 98 Cal.App.5th 295,… more

CA Supreme Court, Drones, FOIA, Law Enforcement, Public Access Laws

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Monica Rosas

Living Trusts and Residential Real Estate, Concerns After Wildfires

If you have established a living trust and own real estate, you were likely advised to transfer the real estate to your trust. A living trust may also be known as a “revocable trust,” “inter vivos trust,” or “family trust.” Many… more

California, Estate Planning, Mortgage Lenders, Probate, Property Insurance

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Isaac Rosen

A Well-Informed Start to 2024: BBK’s Guidance for New Laws in California – Housing Part Three

In the final part of the 2024 Housing New Law Guidance series from Best Best & Krieger LLP (BBK), we cover important new housing legislation related to fire safety, elections, post-entitlement phase permits, streamlined process… more

Affordable Housing, Building Codes, Building Standards, California, Enforcement

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John Rottschaefer

Tax Bill Impacts - Immediate, Critical Impacts on State and Local Governments

The U.S. House of Representatives Republican tax bill released yesterday would impact state and local government issuers of tax-exempt bonds in a few significant ways… more

Bonds, IRS, State and Local Government, Tax Exemptions, Tax Rates

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Sergio Rudin

Vehicle Code Prohibits City from Indirectly Charging Solid Waste Trucks for Use of Roadway

On August 20, 2025, the California Supreme Court denied review of a Court of Appeal decision finding that the City of Redlands charged an impermissible fee for the privilege of using local roads by embedding street repair costs… more

Appeals, California, Infrastructure, State and Local Government, Statutory Interpretation

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Trevor Rusin

COVID-19: Local Authority in a Public Health Crisis

One Short-Lived Case Raises Questions About the Limitations on Cities' Ability to Respond to State and Federal Action in the Face of an Outbreak - Amid the COVID-19 pandemic, cities may be questioning what kind of local… more

China, Coronavirus/COVID-19, Crisis Management, Emergency Management Plans, Health and Safety

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Michael Russo

How to Navigate Trust Amendments: When Probate Code Compliance Meets Trust Procedure Failures

Earlier this year, the California Supreme Court ruled that a trust amendment can be valid even if the trustor did not follow the specific amendment procedure referenced in the trust document itself because the trustor (trust… more

CA Supreme Court, Compliance, Documentation, Probate Code, Revocable Trusts

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Isabel Safie

CalPERS Contracting Agencies Face New World of Liability Woes

SB 278 Imposes Increased Statutory Liability for CalPERS Reporting Errors - SB 278 was signed into law on Sept. 27, adding Government Code section 20164.5. Section 20164.5 imposes new liability on employers when CalPERS… more

CalPERS, Compensation & Benefits, Employee Benefits, Pensions, Public Employees

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Danielle Sakai

Best in Law: New Prop. 65 Warning Rules Hit Shopkeepers in August

Since being adopted by voters in 1986, the Safe Drinking Water and Toxic Enforcement Act, commonly referred to as Proposition 65, has sought to preserve the health and safety of California residents. Originally published in… more

Amended Regulation, Manufacturers, OEHHA, Proposition 65, Public Health

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Abraham Galvan Sanchez

In With the New – Part Three

BB&K's New Law Guidance for a Happy New Year - In Part Three of our “In With the New” series, BB&K covers important new legislation related to CEQA, development fees, housing, planning, zoning, public contracts and waste… more

CEQA, Filing Requirements, Housing Developers, Urban Planning & Development, Zoning Laws

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Joseph Sanchez

July 1, 2024 Deadline for California Employers to Implement Workplace Violence Prevention Plan

REMINDER: The deadline for compliance with Senate Bill No. 553 (“SB 553”) is approaching. This new law mandates that covered California employers must implement measures to prevent and address workplace violence… more

Cal-OSHA, California, Compliance, Filing Deadlines, Labor Code

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Zachary Scalzo

A Well-Informed Start to 2024: BBK’s Guidance for New Laws in California – Part Two

New Legislation Related to Redistricting, Public Works, Advertising, Fire Safety and Planning and Zoning - In Part Two of the New Law Guidance series from Best Best & Krieger LLP (BBK), we cover important new legislation for… more

Advertising, Jurisdiction, Labor Code, New Legislation, Public Hearing

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Charity Schiller

Split D.C. Circuit Panel Holds that CEQ Lacks Authority to Issue NEPA Regulations

On November 12, 2024, the D.C. Circuit Court of Appeals issued a ruling in Marin Audubon Society v. Federal Aviation Administration holding that the White House Council on Environmental Quality (CEQ) lacks the authority to issue… more

CEQ, Chevron Deference, En Banc Review, Federal Aviation Administration (FAA), Loper Bright Enterprises v Raimondo

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Ana Schwab

Supreme Court Issues First Major NEPA Ruling in Two Decades

On May 29, 2025, the U.S. Supreme Court issued an 8-0 opinion that clarifies the scope of environmental effects analysis under the National Environmental Policy Act (NEPA) and requires substantial judicial deference to federal… more

Administrative Procedure Act, Energy Projects, Environmental Litigation, Government Agencies, Judicial Authority

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Mrunal M. Shah

Bridging the Gap: Maximizing the Benefits of Working in an Intergenerational Office

BB&K’s Mrunal Shah on Understanding Generational Strengths and Styles to Work as a More Effective Unit - There’s an old adage widely attributed to George Bernard Shaw that says: “If youth is wasted on the young, then wisdom… more

Baby Boomers, Gen-Xers, Generation Z, Millennials, Municipalities

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A. Haviva Shane

New Public Agency Laws on Safety, Finance, Contracting and More

Part 1: New Laws Impacting California Public Agencies for 2021 - With the unique challenges that 2020 brought, California lawmakers passed bills that addressed both the State’s ongoing problems, as well as laws responsive to… more

Law Enforcement, Political Reform Act, Prevailing Wages, Public Agencies, Public Contracts

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Scott Shapses

First Amendment Regulation of Social Media Use By Public Officials: Official or Personal Account?

Public officials often ask whether the First Amendment restricts their activities on social media, particularly when they seek to delete comments or block individuals from accessing their accounts. Generally, in order for an… more

California, First Amendment, Public Officials, Social Media

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Tamara Sharkey

California Legislature Grants Housing Element Compliance Extensions; Makes Available Billions More in Housing Funds

California Cities and Homeless Efforts to Benefit From SB 197 - California cities will have, under certain circumstances, an extended timeframe to complete rezoning required by an adopted housing element now that Gov. Newsom… more

Community Development, Homeless Issues, Housing Developers, Urban Planning & Development

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William Shepherd IV

Failure To Pay Under Protest Prevents Ratepayer From Challenging Garbage Collection Charges

Padilla v. San Jose Decision Sheds Light on How Cities Can Obtain Health and Safety Code Protections for Water, Sewer, Stormwater and Solid Waste Fees - A California Court of Appeal has determined that San Jose ratepayers are… more

Failure To Pay, Health and Safety, Municipalities, Sanitation, Storm Water

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Stacey Sheston

Presidential Executive Orders and The Workplace

Inauguration week yielded a flurry of presidential executive orders, including 26 on Monday, January 20, 2025, alone. Many of those orders seem to be creating buzz, if not serious and understandable confusion, about possible… more

Anti-Discrimination Policies, Bostock v Clayton County Georgia, Civil Rights Act, Diversity and Inclusion Standards (D&I), Employment Discrimination

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Ward Simmons

U.S. Supreme Court Limits Agency Discretion Under ESA - Critical Habitat For Endangered Species Decision

In a victory for landowners and other regulated entities, the U.S. Supreme Court unanimously limited the U.S. Fish and Wildlife Service’s discretion when designating critical habitat under the federal Endangered Species Act… more

Conservation, Critical Habitat, Economic Impact Analysis, Endangered Species Act (ESA), Judicial Review

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Ann Siprelle

In with the New – Part Five

In Part Five of our “In With the New” series, Best Best & Krieger LLP covers important new legislation related to the Brown Act, environmental matters, and unions. Here we provide takeaways and analyses of AB 2449, SB 1100, AB… more

CEQA, Coronavirus/COVID-19, DLSE, Energy Projects, Environmental Policies

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Scott Smith

Supreme Court Clarifies California Voting Rights Act (CVRA)

The California Supreme Court reversed a 2021 Court of Appeal decision which upheld Santa Monica’s at-large voting system under the CVRA. On the one hand, the Supreme Court agreed with the Court of Appeal and Santa Monica that… more

Appeals, CA Supreme Court, California, Dilution, Local Elections

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Stephanie Smith

California Public Records Recodification

AB 473 Takes Effect January 1, 2023, recodifying and reorganizing this important statute - The California Public Records Act (CPRA) was enacted in 1968 to promote public access to public records, while also recognizing… more

Public Access Laws, Public Records, State and Local Government

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Gregory Snarr

Best in Law: Possible Prop. 13 Changes Will Impact Businesses - Partner Gregory Snarr Discusses Potential Ballot Measure

In 2020, California voters will likely have the opportunity to change a provision of Proposition 13 that will substantially impact California businesses. Originally posted in The Press-Enterprise and other Southern California… more

Ballot Measures, Fair Market Value, Property Owners, Property Tax, Proposition 13

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Evy Sotelo

A Well-Informed Start to 2024: BBK’s Guidance for New Laws in California – Housing Part Two

In part two of the 2024 Housing New Law Guidance series we cover important new housing legislation related to CEQA, code enforcement, housing development, the Housing Crisis Act (HCA), housing element, infill infrastructure… more

Affordable Housing, Building Codes, California, CEQA, Enforcement

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Frank Splendorio

California Updates Levine Act “Pay to Play” Campaign Contribution Restrictions for 2025

Governor Newsom signed a bill on September 30 that will update the State’s “pay to play” campaign contribution law commonly known as the “Levine Act” starting on January 1, 2025. The Levine Act currently prohibits agency… more

California, Disclosure Requirements, Pay-To-Play, Political Campaigns, Political Contributions

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Ryan Stager

AB 130 and SB 131 Include Updates to Major California Housing Laws

On June 30, 2025, two budget trailer bills — Assembly Bill 130 (AB 130) and Senate Bill 131 (SB 131) — were signed by Governor Newsom and went into effect immediately. In addition to significant modifications to the California… more

Affordable Housing, Building Codes, California, CEQA, Housing Developers

See all updates »

Holland Stewart

A Bankruptcy Trustees Power to Abandon Property of the Estate: The Public Heath or Safety Exception - BB&K Attorneys Cathy Ta and Holland Stewart Featured in Riverside Lawyer Magazine

Chapter 7 trustees play a vital and essential role in the United States bankruptcy system. In every Chapter 7 bankruptcy filing, a Chapter 7 trustee is appointed by the bankruptcy court to oversee the administration of the… more

Abandonment, Chapter 7, Commercial Bankruptcy, Department of Environmental Protection, Environmental Site Assessment

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Malathy Subramanian

Middle Class Housing Act Reduces Local Control

Qualified housing projects in commercial zones would no longer require rezoning - Senate Bill (SB) 6, the Middle Class Housing Act of 2022 (the Act), was signed into law by Governor Gavin Newsom last fall and goes into effect… more

Governor Newsom, Housing Developers, Urban Planning & Development, Zoning Laws

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Ali Tehrani

Beware of Coastal Act Violations: Court Upholds Coastal Commission’s Authority to Impose up to $20 Million Penalty

Property Owner’s Beach Access Case - The California Legislature gave sharper teeth to the Coastal Act in 2014 by authorizing the Coastal Commission to impose a staggering penalty against any person in violation of the Coastal… more

Beach Access, Beachfront Properties, California Coastal Commission, Coastal Real Estate, Property Owners

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Michael Thies

City Can’t Immediately Seize and Destroy “Bulky” Items Belonging to the Homeless Without a Warrant or Notice

Los Angeles Blocked From Enforcing Ordinance Allowing for the Immediate Seizure and Destruction of Large Personal Property Stored in Public… more

Asset Seizure, Homeless Issues, Local Ordinance, Low-Income Issues, Municipalities

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Michael Travis

2025 California Labor & Employment Updates - What You Need to Know Part 1

New legislation in 2025 focusing on Employee Rights, Public Records Act, Disability Discrimination and Wage and Hour Compliance. Employee Rights SB 1340 SB 1340 provides local governmental agencies with the authority to… more

California, Compliance, Disability Discrimination, Employee Rights, Employment Discrimination

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Jill Tremblay

When Public Opinion Surveys Become Reportable Expenditures Under the Political Reform Act

FPPC Advises When Public Agencies Can Survey Voters and Disseminate Results - Public agencies that wish to conduct public opinion surveys before the next election received additional guidance from a recent Fair Political… more

Fair Political Practices Commission (FPPC), Political Campaigns, Political Reform Act, Public Agencies, Surveys

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John Wahlin

Ninth Circuit Sides with Orange County in Retiree Health Benefits Case

A Practice or Policy without Clear Legislative Intent Does Not Create Implied Contractual Right to Retiree Health Benefits - A federal appellate court has affirmed a U.S. District Court’s decision to grant Orange County’s… more

Benefit Plan Sponsors, Employee Benefits, Retirement Plan

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Richard Wall

The Shifting Landscape of Water Rate Setting

The landscape for water rate setting in California is quickly evolving, and public agencies face growing challenges adjusting to new and complex standards when establishing or increasing water fees and charges. For example, in… more

California, Fees, Public Utility, Refunds, Water

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Ethan Walsh

AB 130 and SB 131 Include Updates to Major California Housing Laws

On June 30, 2025, two budget trailer bills — Assembly Bill 130 (AB 130) and Senate Bill 131 (SB 131) — were signed by Governor Newsom and went into effect immediately. In addition to significant modifications to the California… more

Affordable Housing, Building Codes, California, CEQA, Housing Developers

See all updates »

Roderick Walston

Tribe Lacks Standing in Water Suit - Representing Desert Water Agency, BB&K Attorneys Won Partial Dismissal of Case

Best Best & Krieger LLP attorneys successfully defended a lawsuit filed by the Agua Caliente Band of Cahuilla Indians against two water agencies by showing the tribe lacked standing to pursue federal claims involving groundwater… more

Court of Federal Claims, Groundwater Management Plan, Native American Issues, Standing, Tribal Governments

See all updates »

Wendy Wang

In with the New – Part Five

In Part Five of our “In With the New” series, Best Best & Krieger LLP covers important new legislation related to the Brown Act, environmental matters, and unions. Here we provide takeaways and analyses of AB 2449, SB 1100, AB… more

CEQA, Coronavirus/COVID-19, DLSE, Energy Projects, Environmental Policies

See all updates »

Brittany Weidner

FCC Adopts Rules to Facilitate Next Generation 911 Services

On July 18, 2024, the Federal Communications Commission (FCC) adopted a Report and Order (Order) to facilitate the transition from a traditional circuit-switched 911 system to an Internet Protocol (IP)-based system. An IP-based… more

911 Calls, FCC, VoIP

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G. Henry Welles

Fashion Design Copyright Infringement Victory - BB&K Partner Henry Welles Wins Fashion Industry Clothing IP Case

A fashion clothing industry copyright infringement appeal was won by Best Best & Krieger LLP Partner Henry Welles, who represented Natural Fashions, Inc., which does business as Anu. The case was originally brought in federal… more

Cease and Desist Orders, Copyright, Copyright Infringement, Copyright Litigation, Damages

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Brian Whitley

Mortgage Payment Relief During COVID-19 Crisis

Federal and State Programs for Borrowers, Including CARES Act - California is experiencing a massive uptick in unemployment claims because of the ongoing COVID-19 crisis, with more than 1 million new applications for… more

Borrowers, CARES Act, Coronavirus/COVID-19, Financial Stimulus, Grace Period

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Alisha Winterswyk

Planning, Zoning and Development Legal Update

A Q&A With BB&K Of Counsel Todd Leishman and Partner Alisha Winterswyk - The last couple of years have been transformative for housing and development in California. Among the new laws passed in the last two years are a… more

CEQA, Housing Developers, Municipalities, Urban Planning & Development, Zoning Laws

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Victor Wolf

Best In Law: Mechanics Liens And Arbitration Rights - Partner Victor L. Wolf Writes For The Press-Enterprise

Contrary to the old adage, a mechanics lien claimant that also has a contractual right to seek binding arbitration of disputes can have it both ways — provided they take action to preserve their arbitration rights. Originally… more

Arbitration, Binding Arbitration, Construction Contracts, Construction Industry, Contractors

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Christine Wood

In With The New – Part Four

BB&K’s New Law Guidance for a Well-Informed Start to 2023 - In Part Four of our “In With the New” series, Best Best & Krieger LLP’s Advanced Records Center (ARC) team covers important new legislation and case law related to… more

California, New Legislation, Public Access Laws, Public Records, Public Records Act

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Darren Ziegler

California Supreme Court Denies Petition for Review in Police Drone Footage Case

Police Drone Footage Only Exempt From Disclosure - In Some Circumstances The California Supreme Court recently denied the City of Chula Vista’s Petition for Review in Castañares v. Superior Court (Dec. 2023) 98 Cal.App.5th 295,… more

CA Supreme Court, Drones, FOIA, Law Enforcement, Public Access Laws

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