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Bollay v. California Office of Administrative Law: state agency "policies" may be "underground regulations"

USA - May 9 2011 The Administrative Procedures Act (APA) generally requires state and regional agencies to provide public notice and an opportunity for public comment before adopting a regulation....

Benjamin J. Hanelin, Daniel S. Feinberg.

Ninth Circuit’s "federal defendant" intervention rule in NEPA cases finally meets its end: Wilderness Society v. United States Forest Service

USA - February 22 2011 In a significant decision issued in mid-January 2011, the U.S. Court of Appeals for the Ninth Circuit (en banc) abandoned its categorical rule that a party may not intervene of right in the merits of a National Environmental Policy Act (NEPA) case....

Janice M. Schneider, Drew C. Ensign.

Potential changes for the California Environmental Quality Act in S.B. 731

USA - April 30 2013 Many interest groups have urged that the California Environmental Quality Act ("CEQA") needs to be "modernized", but disagree as to the changes that...

Christopher W. Garrett, Duncan Joseph Moore.

California Court of Appeal Upholds CEQA Exemption for Alterations to Archery Range

USA - October 11 2018 In an unpublished opinion issued August 30, 2018, Stewards of Public Land v. City of Pasadena, et al., Case No. B277996, the California Court of...

Lucas I. Quass, Christopher Adam Martinez, Benjamin J. Hanelin.

Neighbors takes Sunnyvale down a different track

USA - August 6 2013 In a major development for real estate and infrastructure development projects across California, on August 5, 2013, the California Supreme Court...

Winston P. Stromberg, Duncan Joseph Moore, Michele L. Leonelli.