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06/27/08 Court Invalidates Purchase Agreement as Option Lacking Consideration
06/25/08 Employers Are Not Off the Hook When Employees Go Hands Free
06/23/08 EPA Issues Final Water Transfers Rule: No NPDES Permit For Now, But Litigation Looms
06/19/08 CPUC Sustains Fines for Ex Parte Meetings Relating to Adjudication but Admits Need for Due Process in Such Cases
06/12/08 Mitigation Fees May Balloon After California Appeals Court Decision
06/10/08 CALFED: State Supreme Court Upholds Water Plan's EIR
06/04/08 Medicare Launches New Provider Reimbursement Appeal Rules
05/21/08 Bad Debts: CMS Memorandum Rewrites History To Close Off Bad Debt Appeals
05/19/08 Prescriptive Water Rights Confirmed
05/06/08 CMS Solicits Comments on Proposed New "Stand in the Shoes" Provisions
05/05/08 Attorney Fees Recoverable From State Water Board
05/02/08 New Law May Make Wineries Off-Limits To Minors
05/01/08 Los Angeles County Metro Gets $213.6 Million Grant to Implement Congestion Pricing Alternatives
04/30/08 Ninth Circuit Reiterates Prior Decision Invalidating the Biological Opinion for Management of the Columbia River System
04/29/08 Specific Performance: Still the Law of (the) Land
04/25/08 Commercial Tenants in Bankruptcy: Don’t Forget to Dust and Mop Before Vacating
04/24/08 Healthcare: HHS Office of Inspector General Sweetens its Self-Disclosure Protocol
04/24/08 Responsible Party May Recover All of Its Response Costs For a Voluntary Cleanup Under CERCLA
04/23/08 Federal District Court Decision Could Exacerbate Looming California Water Supply Crisis
04/21/08 Water Supply Assessments Not Subject to Direct Judicial Challenge
04/17/08 Policyholders Beware: Actions May Indeed Speak Louder Than Words
04/11/08 California Supreme Court Rules on Two Issues Under The California Family Rights Act
04/04/08 Recent Changes to Federal and California Law Expand Benefits for Military Families
04/02/08 Certain Tenant Disclaimers In Leases May Be Of Limited Effect
03/19/08 Developers May be Liable for Neighbors' Contamination
03/11/08 Appellate Court Grants Trial Courts Great Flexibility To Order Amendments To CC&Rs
03/10/08 Court of Appeal Reaffirms Hypothetical Damages Not Grounds for Just Compensation
03/06/08 Hospital's Bundled Discounts May Violate Antitrust Laws, Ninth Circuit Declares
03/05/08 CA Supreme Court: Employers Not Required to Accommodate Medical Marijuana
02/26/08 Bankruptcy: Best Practices for Creditors Coping with Recent Bankruptcy Surge
02/26/08 Insurance Coverage: 2007 Year in Review
02/25/08 More Companies Must Protect Health-Related Information Under New State Law
02/15/08 Nossaman Contributes to National Debate on Funding Transportation Infrastructure
02/14/08 Increased Maximums for State Statutory School Fees and School Facility Program Grants
02/13/08 Medicare Act Preempts CA Statute Re: Arbitration
02/13/08 What’s New in Employment Law for 2008?
01/31/08 Nossaman Healthcare Practice New Year Newsletter
01/22/08 Selling And Leasing With TICs And Partnerships: Do You Have All Of The Signatures You Need?
01/15/08 Ninth Circuit Decision Means Tougher Standards for New Discharge Permits in Impaired Water Bodies
01/14/08 Date Of Value Rule Not As Bright Line As Intended
01/07/08 Court of Appeal Affirms Expansive Interpretation of California Endangered Species Act Listing Provisions
12/19/07 Fish and Wildlife Service Issues New Final Rules Designating Critical Habitat for Coastal California Gnatcatcher and San Diego Fairy Shrimp
12/14/07 Federal District Court Rejects Challenge by Automakers to California's Effort to Regulate Greenhouse Gases from Automobiles
12/13/07 Water Supply EIR Withstands Challenge, Clarifying Duties of Water Suppliers and Planners Under CEQA
12/13/07 Actions of Agency, Not Appraiser, Key to Attorney Fees Award in Eminent Domain
11/28/07 Appeals Court Weighs in on Timing and Form of Relocation Claims
11/20/07 Supreme Court Gives Employers New Method to Reimburse Employees
11/20/07 Ninth Circuit Finds Federal Agencies Must Evaluate Impacts Of Their Actions On Climate Change
11/20/07 CMS Delays Stark "Stand in the Shoes" Provisions for Academic Medical Centers and Non-Profits
11/13/07 "Stand in the Shoes" Rule Delayed for One Year
10/31/07 Court of Appeal Decision Helps Close Loophole in Eminent Domain Law
10/22/07 What Internal Documents Are Protected From Discovery By The Attorney Client Privilege?
10/16/07 Fish and Wildlife Service Issues Proposed Rule to Revise Invalidated Critical Habitat for Peninsular Bighorn Sheep
10/11/07 Pay for Call? The OIG Speaks
10/02/07 Court Finds County Liable For Failing To Direct A Community Water System To Notify Its Customers Of Contamination
09/26/07 Feds Do Stark, Again: "Phase III"
09/26/07 Court of Appeal Decides That Some Insurers Need Not Fund Settlements - "Judgment" Required
09/17/07 Court Holds That Developers Building Affordable and/or Senior Citizen Housing May Be Awarded Density Bonuses dIncentives in Excess of the Statutory Minimum
09/14/07 Water Quality Compliance Is About To Get Even Tougher In California – The Nutrient Numeric Endpoint (NNE) Process And Its Impact On You
09/14/07 California Supreme Court Places Further Restrictions on Employment Arbitration
09/06/07 Appellate Court Issues Victory For Water Suppliers
08/30/07 Court Upholds Key Endangered Species Act Regulations that Promote Habitat Conservation Planning
08/20/07 Court of Appeal Clarifies "Rough Proportionality" Test for Dedications and Impact Fees Imposed on Developers
08/17/07 In the Post-Kelo Eminent Domain War, Public Agencies Win Battle Concerning Valuation of Property Subject to Potential Dedication Requirement
08/16/07 FHWA Issues Final Rule Facilitating Public-Private Partnerships
08/15/07 Countersuits May Be Lined with Silver
08/15/07 FEHC's Regulations for Mandatory Sexual Harassment Prevention Training and Education Have Finally Been Approved
08/09/07 California Court of Appeal Approves of New Method to Value Business Goodwill in Eminent Domain Cases
08/01/07 New Law Affects Foreign Investment in US "Critical Infrastructure"
07/31/07 California Supreme Court Seeks to Clarify Roles of Judge and Jury in Eminent Domain Cases
07/31/07 Ninth Circuit Court of Appeals Greatly Expands Potential Medicare Reimbursement Appeals
06/28/07 Preventing the Cascade: Defending Healthcare Professionals Against Allegations Of Professional Misconduct
06/21/07 U.S. Supreme Court Decides Time Limit For Filing Claim Of Discriminatory Salary Pattern
06/19/07 Court of Appeal Upholds Eminent Domain Law’s Special Legal-Issues Motion Procedure
06/11/07 Supreme Court Affirms That Parties That Clean Up Contamination Can Recover Costs From Polluters
06/06/07 Corps and EPA Issue, Seek Comment On, Post-Rapanos Guidance
05/30/07 Federal District Court Decides That Fish And Wildlife Service Violated Endangered Species Act By Failing To Address Climate Change During Section 7 Consultation
05/04/07 Medical Staff Disciplinary Proceedings Protected by Court of Appeal Rejection of Trial Court Efforts to "Micromanage"
05/03/07 Castaic Lake Water Agency and Newhall County Water District Approve Bermite Settlement
04/30/07 Wachovia Bank Case May Limit States' Role in Subprime Lending Fallout for National Banks
04/26/07 Pollution Loss Allocation and Other Insurance Coverage Issues Before CA Supreme Court
04/26/07 Supreme Court Affirms Authority Under Proposition 35 For Public Agencies to Contract With Private Entities for Design and Engineering Services
04/19/07 California Supreme Court Rules on Compensation for Missed Meal and Rest Breaks; Ruling Favors Employees
04/13/07 Supreme Court To Hear Important CERCLA Cost Recovery Case
04/12/07 EEOC Issues Guidance for Health Care Workers and the Americans with Disabilities Act
04/10/07 Ninth Circuit Affirms Lower Court Decision to Invalidate Biological Opinion for Management of the Columbia River System
04/05/07 Court Rules That Water Right Restrictions To Protect Fish Habitat Did Not Constitute A Taking
03/22/07 When Your Merger Generates a Lawsuit, the Path to Coverage May Be Straighter than You Think
03/21/07 The Training Must Go On! Mandatory Sexual Harassment Training Reminder & Update
03/15/07 Rules Changing for Clean Water Act Section 404 Nationwide Permits
03/12/07 The Golden State - the Golden Standard: What You Need to Know About Domestic Partnership Law and Doing Business in California
03/06/07 State Water Resources Control Board Releases Draft General Construction Permit – Proposes Incorporation of Numeric Effluent Limits, Action Levels and Hydromodification Control Requirements
02/23/07 Ninth Circuit Requires Service to Quantify Take of Listed Species it Authorizes or Demonstrate Why Quantification is Impracticable
02/22/07 Supreme Court: Public Official May Not Rely On Government Attorney’s Advice As to Conflict of Interest Rules
02/21/07 New EMTALA Rules Affect Hospitals Without Emergency Rooms
02/20/07 California Climate Change Statutes - Pervasive Impacts Imminent
02/02/07 California Supreme Court Strikes Down EIR Relying On Future Water Supplies
02/02/07 California Supreme Court Strikes Down EIR Relying On Future Water Supplies
01/31/07 FTA Announces Terms of the Public-Private Partnership Pilot Program to Encourage Private Investment in Transit Projects
01/19/07 FTA Adopts Final Policy Statement on Conversion of High Occupancy Vehicle Lanes into High Occupancy Toll Lanes
01/18/07 State Water Board Fee Schedule Formula Unconstitutional
01/12/07 Paid Sick Leave Required For Employees In San Francisco
01/02/07 Recent Developments in Stormwater Regulation Pose a Threat to Development Industry
12/18/06 Transfer Of Water Violates Clean Water Act
12/07/06 California Court Approves Flexible Approach to Regulating Storm Water Discharges Under Clean Water Act
12/04/06 Property Insurance May Lapse During Building Renovations
11/14/06 Federal Court Finds Environmental Assessor May Be Liable To Future Property Owners Who Rely On Its Phase I Assessment, Notwithstanding Assessor's Attempts To Limit Such Reliance
11/10/06 Are You Ready for Mandated Hospital Fair Pricing Policies?
11/09/06 D.C. Circuit Issues Split Decision In Clean Air Act Challenge to Regional Transportation Plan Conformity Regulations
11/07/06 D.C. Circuit Issues Split Decision In Clean Air Act Challenge to Regional Transportation Plan Conformity Regulations
10/19/06 State Begins to License Discount Fee Health Plans
10/17/06 District Court Issues Decision Invalidating San Diego Multiple Species Conservation Program Plan and Halting All Activities with the City of San Diego that Impact Vernal Pool Habitat
10/12/06 California Court Expands and Clarifies Rule That Mechanic's Liens Cannot Be Placed Upon Public Property That Is Subject to Private Development
10/04/06 Eminent Domain Reform Has Arrived In California
10/02/06 Corps Issues Nationwide Permits Proposal
09/29/06 FTA Proposes New Policies For Conversion Of High Occupancy Vehicle Lanes Into High Occupancy Toll Lanes
09/14/06 Insurance Coverage: Noteworthy Recent Decisions
09/08/06 USDOT Solicits Applications for Its New "Corridors of the Future Program"
09/07/06 Supreme Court Of California Holds That An "At Will" Employment Contract Means Just What It Says
08/28/06 Recovering Settlement Costs As Defense Costs
08/22/06 California Supreme Court Rejects Inverse Condemnation Claims Based on Obstruction of View
08/14/06 Ninth Circuit Issues Decision Clarifying the Scope of Clean Water Act Jurisdiction in the Wake of Rapanos v. United States
08/10/06 Employers Must Compensate Temporary Workers Immediately After Job or Face Penalty
08/07/06 CVAG Votes to Rescind Existing Coachella Valley MSHCP and Proceed with Revised Coachella Valley MSHCP
08/02/06 Court Approves Consent Decree that Requires the Fish and Wildlife Service to Replace its Existing Rule Designating Critical Habitat for the Peninsular Bighorn Sheep
07/27/06 A Quartet of Court Decisions Help Clarify Reasonable Accommodation Standards
07/26/06 Supreme Court Clarifies Proposition 218 Rules
07/18/06 TxDOT and FHWA Agree to Experimental Program for Expediting TIFIA Credit Assistance to PPP Toll Road Projects
07/18/06 State Water Resources Control Board Releases Storm Water Panel Recommendations Regarding Feasibility of Numeric Effluent Limits
07/10/06 FHWA Changes to Design-Build Rule Fall Short of PPP Needs
07/10/06 A Brave New World For Condemning Agencies: Coping with the Anderson Initiative and its Radical Redrawing of California Eminent Domain Law
06/26/06 California Supreme Court Holds Competing Proposals Submitted To A Public Agency Do Not Become Public Records Until The Completion Of Negotiations
06/23/06 U.S. Supreme Court Broadens Employee Protection Against Retaliation
06/20/06 Supreme Court Issues Decision Restricting Federal Jurisdiction Under The Clean Water Act But Leaves Many Questions Unanswered
06/06/06 Ninth Circuit Rejects Center for Biological Diversity’s Interpretation of Fish and Wildlife Regulations Defining Incidental Take
06/05/06 Court Issues Decision Addressing The State Board’s Jurisdiction Over Groundwater
06/02/06 U.S. Supreme Court Limits Public Employees' Speech Rights
06/02/06 EPA Proposes Rule Clarifying NPDES Permits Are Not Required for Water Transfers
06/02/06 EPA Proposes Rule Clarifying That NPDES Permits Are Not Required for Water Transfers
05/30/06 Good News and Bad News: Proposed Amendments to FHWA Design-Build and PPP Rule
05/18/06 New Court Decisions Affect Water Industry
05/18/06 Nossaman Announces New Partners in 2006
05/05/06 FTA Solicits Comments and Expressions of Interest Regarding PPP Pilot Program Authorized by SAFETEA-LU
04/27/06 Talk About Sex Does Not Necessarily Mean Sexual Harassment
04/25/06 California Supreme Court Declines to Consider Challenge to Zero Trash TMDL for Los Angeles River
04/13/06 Federal Voting Rights Issues Impact Initiative, Referendum and Recall Elections in Twenty-One California Counties
03/28/06 Congress Considers Tax-Exempt Bonds for Water and Sewage Facilities
03/20/06 New Employment Laws for 2006
03/10/06 Bill Introduced to Bar Foreign Ownership, Management or Operation of Critical Infrastructure
02/09/06 New Development in Federal-Aid A/E Procurement Requirements
02/03/06 FHWA Creates Clearinghouse for Tolling Proposals
01/31/06 State Statutory Level 1 School Fees and School Facility Program Grant Amounts Increased
01/30/06 Insurance Coverage: A Year in Review
01/30/06 Court Rejects CEQA Challenge to Transportation Sales Tax Renewal
01/27/06 California Supreme Court Grants Review of CALFED Decision
01/17/06 Court Affirms Use Of Specific Provisions To Rebut Evidence Of Misrepresentation In The Inducement Of A Lease
01/17/06 States May Be Liable For Damages For Violations Of Title II Of Americans With Disabilities Act
01/09/06 US DOT Issues Proposed Guidelines for Requesting Transportation Private Activity Bond Allocations
12/22/05 Amendment to Subdivision Map Act Provides Some Relief For Releases of Improvement Security
12/21/05 State Water Resources Control Board's Proposed Revisions to 303(d) List Could Lead to the Development of Additional TMDLs
12/20/05 California Endangered Species Act Compels Consideration of Economic Objectives. Court of Appeal Upholds Validity of Pacific Lumber Company Habitat Conservation Plan
12/09/05 Ninth Circuit Concludes That Adjacency Alone Confers Jurisdiction Under the Clean Water Act
12/07/05 California Supreme Court To Decide Critical Issue In Claim Of Discrimination Based On A Disability
11/29/05 Court Upholds Caltrans' Proposition 35 Right to Contract Out For Engineering and Architectural Services
11/08/05 Free Mandatory Sexual Harassment Training: Deadline for Compliance With This New Law Is Fast Approaching
10/21/05 Attorney General Concludes That California Water Districts May Contract With Developers For The Construction And Reimbursement Of Oversized Water Facilities
09/12/05 Second Circuit Holds PRPs May Recover Costs from other PRPs under Section 107(a) of CERCLA
09/09/05 California Supreme Court Expands Law On Retaliation For Opposing Employment Discrimination
08/31/05 Appeal Court Holds EMTALA May Cover Adequacy Of Treatment
08/25/05 California Authority Issues Nation's First "Local" GARVEE Bond
08/19/05 California Supreme Court Upholds Constitutionality of Coastal Commission
08/16/05 EPA Announces NPDES Permits Not Required for Water Transfers
08/12/05 EPA and the Department of Justice Issue Guidance to Clarify that PRPs that Enter Into Administrative Settlements with the Agency Can Seek Contribution Under Section 113(f)(3)(B) of CERCLA
08/01/05 "SAFETEA—LU" Promotes Private Investment in Transportation
07/27/05 California Supreme Court Makes Favoritism of Workplace Paramours Illegal Sexual Harassment
07/19/05 AASHTO's Guide to Protecting the Nation's Highways From Terrorist Threats
07/19/05 California Labor Commissioner Issues Important Clarification Regarding Exempt Employees’ Use of Vacation and Paid Time Off
06/23/05 Landmark Supreme Court Case Upholds Government’s Right to Seize Private Property for Economic Development
06/16/05 New Policy to Make SWPPPs More Available
06/06/05 Senate-Passed Reauthorization Bill Would Advance Private Activity Bonds and Design-Build Contracting
06/01/05 Sacramento County Superior Court Upholds General Construction Permit and Rejects Numeric Limits for Construction Related Pollutants
05/26/05 New Rules for Disposal of Employee Information Take Effect June 1, 2005
05/25/05 A Proactive Response To Allegations Of Misconduct Can Minimize Adverse Consequences For Physicians
05/03/05 Legislation Seeks to Cut "Navigable" From Clean Water Act
04/27/05 New Bankruptcy Law Impacts Health Care Providers
04/27/05 Supreme Court Extends Disparate Impact Claims To Age Discrimination
04/20/05 California Supreme Court holds that the State Must Evaluate Economic Considerations when Establishing Water Discharge Requirements that Exceed Federal Standards
04/01/05 Section 1983 Damages Are No Longer Available for Violations of Section 332 of the Telecom Act
03/17/05 Take Advantage of the 2005 California Tax Amnesty
03/15/05 Nossaman Announces New Partners in 2005 - Class Represents Strength of Firm's Land Use, Environmental and Healthcare Practices
03/02/05 Proposed Coachella Valley Multiple Species Habitat Conservation Plan will have Significant Impacts on Real Estate Development
03/01/05 Heightened Enforcement of Medicare and Medicaid Fraud and Abuse Laws Requires Increased Provider Diligence
02/18/05 Data Quality Act Provides Under-utilized Tool to Challenge Federal Agency Use of Faulty Information; Four Years After its Enactment Effect of Act Remains Unclear
02/08/05 State Senate Merges Committees: New Chair of the State Senate Natural Resources and Water Committee Plans Comprehensive Water Conservation, Water Management and Resource Planning Legislation
01/31/05 EPA Finalizes Interpretive Statement and Proposes Rule to Limit Applicability of Clean Water Act to Pesticides Discharged to or Near Regulated Waters
01/28/05 New Report Urges Public-Private Partnership Legislation to Help Solve California’s Transportation Crisis
01/25/05 New Employment Developments For A New Year
01/10/05 U.S. DOT Reports to Congress on Benefits of Public-Private Partnerships
01/06/05 Prevailing Wage Requirements Held Not Applicable to Privately Funded Project That Used Public Funding for Pre-Construction Expenses
01/04/05 Court Defines Discovery of Electronic Data
12/29/04 Big-Box Projects Required to Evaluate Urban Decay and Health Impacts
12/16/04 Supreme Court Muddies the Waters with Decision in Cooper v. Aviall
12/08/04 Court of Appeal Addresses Language Requirements For Landlord Exculpation Clause In Case Involving Mold
11/29/04 Soliciting At-Will Employees In The Wrong Way Can Land You In Legal Hot Water
11/17/04 Notice of Intent To Sue Alleges That Simple Water Transfers Require NPDES Permits
11/15/04 Superior Court Judges in Los Angeles County Have Limited Access to Current California Statutes and Cases
11/15/04 FCC Finds That Voice Over Internet Services Are Subject to Federal, Not State Jurisdiction
11/08/04 Broker-Arranged Exception to Usury Laws Interpreted by Court; Lender Lost and Forced to Forfeit All Interest
11/05/04 Public Access to Meetings of Public Bodies and Writings of Public Agencies and Officials is Now a Constitutional Right
11/02/04 South Coast Air Quality Management District Adopts More Stringent Fugitive Dust Control Rules
11/02/04 New Mandatory Sexual Harassment Training
10/26/04 New Workers' Comp Medical Care Structures Hold Promise for Employers
10/18/04 FHWA Initiates SEP-15 To Promote Public-Private Partnerships and Other Innovations in Project Development and Finance
09/29/04 Transit Agency Uses CMAQ Funds to Secure Low-Cost Financing for Light Rail Project
09/24/04 Central Valley Air District Targeting Development for Emissions Reductions and/or Impact Fees
08/27/04 Public Agency Staff May Be Individually Liable for Selective and Overzealous Enforcement
08/10/04 California Online Privacy Protection Act of 2003 ("OPPA")
08/06/04 Precedent-Setting Decision Greatly Restricts Economic and Recreational Activities Within Critical Habitat
07/21/04 Court Holds that California Constitution Prohibits Super Majority Vote for Approval of or Increase in City General Tax
06/24/04 Agency Designated to Administer a Joint Powers Agreement Determines Scope of JPA’s Land Use Powers
05/24/04 Propositions 13 and 218: Charge Levied on Groundwater Pumping is Not a Tax, Assessment or Fee Incident to Property Ownership
05/03/04 Major Overhaul of Workers' Compensation System SB 899 Will Affect Employers Immediately
04/30/04 CERCLA Complaint Alleges Water Entities Are Liable for Using Colorado River Water for Recharge Operation
04/02/04 Supreme Court Rules That Water Pumps Not Generating Pollutants Are Point Sources Under The Clean Water Act
03/04/04 U.S. Circuit Court Vacates FCC Order Supporting UNE-P Competition
03/03/04 Medical Corporation Bonus Payments to Shareholders - Physicians Must Pass IRS Scrutiny
02/05/04 Nossaman Announces New Partner Class
01/06/04 Court Vindicates Telecommunications Industry’s Right to Use California Streets and Highways Free From Local Impositions
12/05/03 Court Thwarts Attempt by Voter Initiative to Impose Restrictions on Airport Development Activities
11/13/03 Brown Act Enforcement Gets Sharper Teeth
10/29/03 Nossaman's Irvine Office Continues to Add Talent to the Firm's Statewide Land Use and Real Estate Practice

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