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Best Best & Krieger LLP Riverside, CA Document Search Results (32) Show: results per page Sort by:  | Court Makes Key CEQA Ruling Involving Baseline Analyses
Michelle Ouellette; Best Best & Krieger LLP;
Legal Alert/Article April 23, 2012, previously published on April 19, 2012 In the most important decision under the California Environmental Quality Act (CEQA) so far this year, the California Court of Appeal ruled that lead agencies can use future condition baselines to analyze impacts that may not materialize for years, such as traffic, as long as the use of a future...
| | Court Sides With City in CEQA Claim Involving Protected Species and Proposed Housing Project
Michelle Ouellette, Charity B. Schiller; Best Best & Krieger LLP;
Legal Alert/Article April 2, 2012, previously published on March 30, 2012 A state appellate court rejected claims by the Sierra Club and Center For Biological Diversity, and upheld the City of Palm Desert's environmental impact report (EIR) for a housing project near an institute that raises state-protected sheep.
| | CalPERS Board Increases Pension Costs
Allison De Tal, Isabel Cesanto Safie, John D. Wahlin; Best Best & Krieger LLP;
Legal Alert/Article April 2, 2012, previously published on March 29, 2012 A recent vote by the administration board of the California Public Employees' Retirement System that reduced the discount rate assumption from 7.75 to 7.50 percent has the potential to dramatically increase CalPERS employers' pension costs.
| | Trial Court Overturns Air Quality District's CEQA Thresholds
Fernando Avila, Michelle Ouellette, Sarah Owsowitz; Best Best & Krieger LLP;
Legal Alert/Article March 13, 2012, previously published on March 9, 2012 In a ruling that could have statewide ramifications, the Alameda County Superior Court has ordered the Bay Area Air Quality Management District (BAAQMD) to set aside adoption of standards for determining the significance of a project’s air quality and greenhouse gas emissions. Further, the...
| | Red Light Camera Violation Upheld
Dean Derleth, John D. Higginbotham; Best Best & Krieger LLP;
Legal Alert/Article March 6, 2012, previously published on March 2, 2012 In People v. Goldsmith, a recent case in which BB&K attorneys represented the City of Inglewood, the appellate court ruled that photographs and videos taken by a red light camera were admissible evidence of a traffic violation, even without specific testimony as to the underlying reliability of the...
| | Initial IEP Based on Severe Discrepancy Model Need Not Use or Disclose Response-to-Intervention Data
Steven E. Lake, Megan M. Moore; Best Best Krieger LLP;
Legal Alert/Article March 6, 2012, previously published on March 5, 2012 A federal court recently ruled that a school district which elected to use a severe discrepancy model to determine whether an 11-year-old student with reading difficulties qualified with a Specific Learning Disability (SLD) under the Individuals with Disabilities Education Act (IDEA) was not...
| | Attorney General Clarifies Scope of Real Estate Negotiations Exception to Brown Act
Sonia R. Carvalho, Grover C. Trask; Best Best & Krieger LLP;
Legal Alert/Article February 7, 2012, previously published on February 3, 2012 The State Attorney General recently clarified the real estate negotiations exception to California’s open meeting law (The Brown Act). As anticipated, the AG narrowly construes the exception, prioritizing the public’s right to transparency over the local government’s interest in...
| | Assembly Bill 801 Would Alter Powers of Code Enforcement Officers
Matthew R. Silver; Best Best Krieger LLP;
Legal Alert/Article February 7, 2012, previously published on February 2, 2012 The California Assembly recently passed a bill, known as AB 801, which would affect the legal definition and powers of "Code Enforcement Officers." The bill now awaits approval by the California Senate and signature by the Governor. AB 801 would update areas of State law to conform to...
| | CPUC Rulemaking Could Limit Local Land Use Authority and CEQA Mitigation for Telecommunications Projects
Jennifer (Delpit) Haley, Gail A. Karish, Charity B. Schiller; Best Best & Krieger LLP;
Legal Alert/Article January 17, 2012, previously published on January 12, 2012 The California Public Utilities Commission (CPUC) recently vacated General Order 170 and re-opened a rulemaking proceeding to determine whether and how the CPUC will conduct environmental review of certain telecommunications projects under the California Environmental Quality Act (CEQA), including...
| | New DFG Fees For Filing Environmental Documents Now In Effect
Best Best Krieger LLP;
Legal Alert/Article January 5, 2012, previously published on January 4, 2012 The California Department of Fish and Game (DFG) has increased fees for filing environmental documents pursuant to the California Environmental Quality Act (CEQA). The new fees are effective for any Notices of Determination (NOD) filed on or after January 1, 2012, even if the underlying project was...
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