California Links to Québec’s Cap and Trade System
On April 19, 2013, the California Air Resources Board (CARB) voted to link the California cap and trade program to Québec’s cap and trade system. Full Story
California
Ninth Circuit En Banc Panel Upholds Arbitration Provision but Declines to Consider Whether Concepcion Preempts Broughton-Cruz.
Last year, in Kilgore v. Keybank, a three judge panel held that the Federal Arbitration Act (FAA) preempted California’s Broughton-Cruz rule, which exempts a public injunction claim from arbitration. Full Story
HAMP Requires Mortgage Servicers to Offer Permanent Loan Modification to TPP-compliant Borrowers
In West v. JPMorgan Chase, a California Court of Appeal held that when a defaulting mortgage borrower enters into a temporary loan payment reduction plan with the mortgage servicer under the Home Affordable Mortgage Program (“HAMP”), and when the borrower complies with the terms of the plan, HAMP requires the loan servicer to offer the borrower a permanent loan modification. Full Story
No Relief Under CCP Section 473 for Missed Filing Deadline in CEQA Challenge
Alliance for the Protection of the Auburn Community Environment, et al. v. County of Placer, SCV0028200 (3rd Dist., February 18, 2013) Full Story
New Disability Access Law Imposes Notification Requirements for Commercial Leases
On July 1, 2013, pursuant to newly enacted California Civil Code Section 1938, owners of commercial real property must state on every lease form or rental agreement whether the property leased has undergone inspection by a Certified Access Specialist Full Story
Environmental Groups Challenge More BLM Leases Based On District Court’s Finding That BLM Failed to Adequately Consider the Impacts of Fracking
Less than a month after the United States District Court for the Northern District of California’s decision that BLM failed to fully evaluate the potential impacts of hydraulic fracturing operations in granting oil and gas leases (see April 11, 2013, post), the Center for Biological Diversity and the Sierra Club have initiated a second lawsuit challenging BLM’s award of oil and gas leases for a much larger area of federal lands in California. Full Story
California Real Estate: Don’t Give Up Control of the Negotiation
The Los Angeles real estate market has gone crazy again and it’s a sellers’ market. My own agent tells me she’s recently been in bidding wars with 65 offers on the table. Full Story
California Legislative Committees Considering Insurance Bills
Numerous insurance-related bills have been introduced in the California Legislature this year. Legislative committees are now conducting hearings on the various measures. This year’s regular legislative session will end on September 13. Full Story
New Lawsuit Challenges California’s Cap and Trade Auctions
The California Air Resources Board (CARB) is facing another legal challenge to its cap and trade program – Morning Star Packing Co. v. California Air Resources Board (Sacramento Superior Court case no. 34-2013-80001464, filed April 16, 2013). Full Story
Condemn Now, CEQA-Compliance Later? OK. Maybe….
Acquiring property for public projects typically does not occur until after the project has received environmental approval. While this is the generally accepted rule – and it makes sense for a number of reasons – must a project receive environmental clearance before an agency may begin the property acquisition process? Full Story
