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California › Statutory Interpretation › Government Agencies

Perkins Coie

Catch-All Provision in County Application Checklist Violated Permit Streamlining Act

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A Court of Appeal held that a provision in the County of Amador’s checklist for an encroachment permit requiring "[o]ther information as may be required" violated the Permit Streamlining Act. Old Golden Oaks LLC v. County of...more

Downey Brand LLP

California Supreme Court Overrules Chevron-like Deference For Review of Decisions of California Public Utilities Commission

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On August 7, 2025, the California Supreme Court issued its decision in Center For Biological Diversity v. California Public Utilities Commission. The decision reversed the decision of a lower appellate court which had...more

Snell & Wilmer

California Office of Tax Appeals Cleared To Consider Whether Tax Regulations Conflict With Statutes

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The California Attorney General (AG) recently issued Legal Opinion No. 23-701 stating that the California Office of Tax Appeals (OTA) has the authority to determine whether tax regulations issued by the Franchise Tax Board...more

Nossaman LLP

The End of “End-Result” Permit Limitations in Clean Water Act Permits

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On March 4, 2025, the U.S. Supreme Court issued its opinion in the case City and County of San Francisco v. Environmental Protection Agency, in which it held that “end-result” requirements routinely imposed by the U.S....more

Snell & Wilmer

California Challenges Interior’s Trust Acquisition for Koi Nation Casino

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Earlier this month, the State of California (the State) and Governor Gavin Newsom filed a complaint in the U.S. District Court for the Northern District of California seeking to vacate the Department of the Interior’s (the...more

Nossaman LLP

California Supreme Court Takes Up Utility Take-Over Standard of Review Dispute

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We previously reported on the recent California Court of Appeal district split as to what standard of review should apply in utility takeover condemnation cases as it pertains to more necessary public use challenges, and...more

Nossaman LLP

Federal Circuit Diverts ESA Takings Challenge

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The Fifth Amendment to the U.S. Constitution states, in part, “nor shall private property be taken for public use, without just compensation.” The federal Endangered Species Act deals with a different type of “taking.”...more

Hanson Bridgett

Court Reaffirms Constitution’s Role in Water Use Disputes

Hanson Bridgett on

On April 2, 2025, California’s Fifth Appellate District issued a decision in Bring Back the Kern v. City of Bakersfield (April 2, 2025, F087487) (2025 WL 98443). The Court held the “self-executing” reasonableness requirement...more

Allen Matkins

What The Demise Of The Chevron Doctrine Means For California

Allen Matkins on

Both the legal and popular presses have been abuzz about the Supreme Court's overruling of the Chevron Doctrine.  Loper Bright Enterprises v. Raimondo and Relentless Inc. v. Department of Commerce, 2024 WL 3208360 (June 28,...more

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