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Documents on Zoning, Planning & Land Use
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|Beware of Citizen Suits for Storm Water Violations|
Albert M. Cohen; Loeb & Loeb LLP;
February 26, 2015, previously published on February 2015In recent months several private organizations have sent letters to California businesses informing them that they are in violation of their storm water permits and threatening to sue them under the citizen suit provision of the Clean Water Act, which authorizes private parties to enforce...
|550 Meters: Proximity of Wind Turbine Projects to Residents Confirmed by the Divisional Court|
Eric Pellegrino, Carole Piovesan; McCarthy Tetrault LLP;
February 12, 2015, previously published on January 12, 2015The approval of industrial wind turbine projects is often met with resistance from the communities in which the projects are to be built. Residents (or businesses) located in close proximity to project sites often challenge the location of a project on the basis that the turbines cause harm to...
|Thinking about "Space-Sharing"? Here are Some Legal Considerations|
Joy Ren; McCarthy Tetrault LLP;
February 12, 2015, previously published on December 16, 2014As the busy holiday tourist season approaches in British Columbia, visitors looking for alternatives to expensive hotel accommodations are increasingly seeking out “space-sharing” services such as Airbnb, Homeaway and VRBO (Vacation Rentals by Owner). Airbnb’s online platform...
|District Court Strikes Down Regulation of Purely Intrastate Species on Private Land|
Alexander L. Merritt; Sheppard, Mullin, Richter & Hampton LLP;
February 6, 2015, previously published on November 11, 2014In a significant Endangered Species Act case, the Utah District Court has ruled that Congress may not regulate take of the threatened Utah prairie dog, a purely intrastate species, on non-federal land. The court found that the challenged regulation went beyond the scope of the Commerce Clause...
|State Water Resources Control Board Issues Notice Of Plan To Temporarily Lift Curtailments During Future Rainfall Events|
Glen C. Hansen; Abbott & Kindermann, LLP;
January 22, 2015, previously published on October 28, 2014On May 27, 2014, the State Water Resources Control Board (“Board”) issued curtailment notices to all post-1914 appropriative water right holders in the Sacramento-San Joaquin, Russian, and Eel River watersheds. On October 3, 2014, the Executive Director of the Board issued a letter to...
|Bill C-43 Signals Forthcoming Changes To The Canadian Patent Act|
Graeme Boocock, Christine Collard; Borden Ladner Gervais LLP;
January 13, 2015, previously published on January 5, 2015On December 16, 2014, Bill C-43 received Royal Assent. The legislation includes amendments to the Canadian Patent Act that will eventually usher in significant changes to Canadian practice. The amendments mainly address Canada¿s obligations under the Patent Law Treaty and bring the Canadian system...
|California Attorney General Offers Guidance on Scope of Government Code Section 1090|
Gary William Schons; Best Best & Krieger LLP;
December 22, 2014, previously published on October 28, 2014California Attorney General Kamala Harris recently issued two opinions illuminating the scope of Government Code section 1090, the powerful and far-reaching provision of law that prohibits a government official from being “financially interested” in any contract made by him or her in an...
|New Law Changes Special District Noticing Requirements for Terminating Service on Delinquent Accounts|
Steven G. Martin; Best Best & Krieger LLP;
December 22, 2014, previously published on November 24, 2014The noticing requirements special districts must follow to terminate delinquent residential light, heat, water or power service accounts were substantially modified by the passage of omnibus bill AB 2747 by the state Legislature. The changes will take effect on Jan. 1 and impact the notification of...
|New Groundwater Legislation Update: Comments Recommended Regarding Groundwater Basin Prioritization|
Steven M. Anderson, Lucas I. Quass; Best Best & Krieger LLP;
December 22, 2014, previously published on November 12, 2014Under the new groundwater legislation, the California Department of Water Resources must establish the initial priority for each groundwater basin in the state no later than Jan. 31. Those basins that are ultimately designated as high or medium priority will be subject to groundwater sustainability...
|It Is Now a Crime to Help a Public Official Make a Contract that Holds Personal Financial Interest|
Gary William Schons; Best Best & Krieger LLP;
December 22, 2014, previously published on November 20, 2014An amendment to Government Code section 1090 now makes it a felony for any person to aid and abet a government official in violating the conflict of interest provisions of the Code. This amendment, made possible with the passage of SB 952, advances the ability of prosecutors to charge all persons,...