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Executive Order Issued on "Waters of the United States"

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”).

Invoices for Legal Services and the California Public Records Act

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.

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

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

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.

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

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.


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