BOILERPLATE LANGUAGE BITES AGAIN - Subcontractor Must Pay Developer’s Defense Costs Despite Jury Finding Subcontractor Not Negligent

By Joel Ellinwood, AICP A July 1, 2005 article posted on this blog termed the Supreme Court’s ruling in Lingle v. Chevron U.S.A., Inc. (2005) 544 U.S. 528 a “sea change” in 5th Amendment regulatory takings claim analysis by striking the “substantially advances a legitimate state interest” test. Now the fallout from Lingle from the Ninth Circuit makes it clear that the test survives to form the basis for 14th Amendment substantive due process challenge... more

January 29, 2008 Sacramento, CA This seminar addresses integrated issues in storm water, wetlands, and associated water quality regulations. Compliance guidance for both the storm water and wetlands programs will be provided while underscoring the relationship between the two programs. You will hear the latest trends, case studies and policies related to storm water, wetlands and associated water quality regulations to enable you to proactively address and plan in lieu of reacting to regulat... more

By Janell M. Bogue A recent opinion from the Court of Appeal, Fourth Appellate District, Division Two discusses two important CEQA topics: certainty in project descriptions and an EIR’s discussion of alternatives.  Save Round Valley Alliance v. County of Inyo (December 17, 2007) 2007 Cal.App.LEXIS 2045. In this case, the developer proposed a rural large-lot subdivision located on 74 acres on the road to the trailhead to Mount Whitney in Inyo County (“County”... more

By Cori M. Badgley On January 3, 2008, the Ninth Circuit Court of Appeals in Bering Strait Citizens for Responsible Resource Development v. United States Army Corps of Engineers , No. 07-35506 addressed alleged violations of the Clean Water Act (“CWA”) and the National Environmental Policy Act (“NEPA”) by the United States Army Corps of Engineers (“USACE”). Specifically, the plaintiffs alleged that USACE unlawfully granted a ... more