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Client Updates

Developments in Mitigation Fee Act
In-lieu fees that are used to mitigate development impacts are subject to the Mitigation Fee Act (Government Code § 66000 et seq.) (“MFA”).  Agencies that fail to make timely five-year findings for these fees are required to refund unspent fees.  This is...
Client Alert- AB 400 / Design Build Contracting
AB 400 (Rubio) would extend the sunset provisions for the use of design-build contracting by local government agencies from January 1, 2025, until January 1, 2031. The California Public Contract Code currently authorizes cities, counties, and specified special districts and...
Supreme Court Establishes Test for Wetlands and Waters
The U.S. Supreme Court’s recent (5/25/23) decision in Sackett v. Environmental Protection Agency (598 U.S. ___ (2023)) attempts to clarify the issue of when wetlands are considered  “waters of the United States” for purposes of the Clean Water Act...
Tansavatdi v RPV
On April 27, 2023, the California Supreme Court in Tansavatdi v. City of Rancho Palos Verdes held that design immunity in the case is limited to a claim alleging that a public entity created a dangerous roadway condition through a defective design, but did not extend to a...
CARB Passes Zero Emission Fleet Mandate
On April 28, 2023, CARB approved a first-of-its-kind rule to help put California on a path towards accomplishing Gov. Gavin Newsom’s goal of fully transitioning the trucks that travel across the state to zero-emissions technology by 2045. Specifically, CARB approved its...
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