Client News

Executive Order Issued on "Waters of the United States"

April 19, 2017 -- Client Alert

On February 28, 2017, President Trump signed Executive Order, “Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule." The Executive Order requires that the United States Environmental Protection Agency and the Army Corps of Engineers publish for notice and comment a proposed rule rescinding or revising the “Clean Water Rule: Definition of ‘Waters of the United States,’” (the “WOTUS Rule”).

CA Court Orders Return of Cash and Cars to Criminal Defendants

March 22, 2017 -- Client Alert

Last week, the Court of Appeal for the Fifth District decided a number of consolidated cases in favor of criminal suspects and defendants who petitioned to have returned to them cash and vehicles, lawfully seized by law enforcement officers for narcotics related offenses.

Invoices for Legal Services and the California Public Records Act

January 11, 2017 -- Client Alert

On December 29, 2016, the Supreme Court of California issued its decision in Los Angeles County Board of Supervisors v. Superior Court (ACLU of Southern California), Case No. S226645. The Court held invoices for legal services transmitted to a governmental agency by outside counsel are not categorically exempt from disclosure under California Public Records Act (“PRA”). However, the contents of a legal invoice are privileged to the extent they either communicate information for the purpose of legal consultation or risk exposing information that was communicated for such a purpose. The latter category includes protecting, in their entirety, invoices that reflect work in active and ongoing litigation matters.

Requirements to Deter Excessive Residential Water Use During a Drought

December 13, 2016 -- Client Alert

This alert provides an update on recent legislation that requires urban retail water suppliers to actively discourage overuse of water through a new or amended ordinance, rule, or tariff condition.

Wholesale Rates and Proposition 26, Newhall County Water District v. Castaic Lake Water Agency

December 1, 2016 -- Client Alert

Earlier this year, the Court of Appeal issued its decision in Newhall County Water District v. Castaic Lake Water Agency (“Newhall”). The court held a wholesale water agency’s rate structure, which included a charge for groundwater pumping (despite the fact it did not sell groundwater to Newhall), violated Proposition 26.

Local Officials Must Participate in Sexual Harassment Prevention Training and Education

November 16, 2016 -- Client Alert

On September 29, 2016, the Governor signed AB 1661 into law. AB 1661 expanded the anti-harassment training requirement to elected officials and members of legislative bodies of local agencies. “Local agencies” include cities, counties, charter cities, charter counties, and special districts.

Public Comment Invited for Water Recycling Criteria for Direct Potable Reuse

October 11, 2016 -- Client Alert

Public agencies have been invited to submit public comments to the State Water Resources Control Board on a draft report on direct potable reuse by October 25, 2016.

Rehearing of Overtime Case Denied

September 20, 2016 -- Client Alert

On August 23, 2016, the Ninth Circuit denied rehearing in Flores v. City of San Gabriel, in which it held San Gabriel’s cash payments of unused benefits to employees must be included in the regular rate of pay when calculating overtime.

Department of Water Resources Granted Authority to Conduct Testing for Tunnel Project on Private Land Without Having to Pay Rent

August 25, 2016 -- Client Alert

A recent California Supreme Court decision increased the authority of the California Department of Water Resources (“DWR”) to enter upon private land. This Alert provides an update on recent developments that impact local agencies and their authority to use private land.

13 Years and Two Trips to the Court of Appeals Later, A&W Attorneys Help the City of Carson Make New Law

October 30, 2015 -- The Subdivision Map Act allows the owner of a rental mobilehome park to convert the park from a landlord-tenant form of ownership to a subdivided condominium-style form of ownership. A park owner must first obtain the approval of local government which has authority to “approve, conditionally approve, or disapprove” the application after holding a hearing to determine whether the park owner has complied with Section 66427.5 of that Act.

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