The D.C. Circuit recently held public employees’ browsing history is not an “agency record” subject to the Freedom of Information Act (“FOIA”). (Cause of Action Institute v. Office of Management and Budget (D.C. Cir. Aug. 20, 2021, No. 20-5006) ___ F.4th ____ [2021 WL 3699794] (Cause of Action Institute).) Cause of Action

Although cannabis is legal in California, it remains illegal under federal law. This controversy hamstrings cannabis businesses, as they are unable to use the services of federally regulated banking institutions and must do business in cash, creating risks for them and everyone they do business with — including local governments. Most banks avoid doing business

On June 11, 2021, Governor Newsom issued Executive Order N-08-21[1] to clarify the continued applicability of his previous Executive Orders related to the COVID-19 pandemic. Most notably, Executive Order N-08-21 extends application of Executive Order N-29-20, which allows public agencies to hold teleconference meetings until September 30, 2021.[2] This provides some assurance

As California battles wildfires that seem fiercer, larger, and longer each year, cities around the state are tackling fire prevention and recovery. The main injuries from fires are obvious: loss of life and property, poor air quality, and damaged environments. Yet there are less obvious, more insidious consequences of wildfires that can be just as

The Legislature continues its efforts to increase the state’s housing supply, regardless of local land use policies and priorities. Senate Bill 9, introduced by Senate President Pro Tem Toni Atkins, will require cities to approve by right through ministerial action up to four units on existing single-family parcels.  Senate Bill 9 has passed the

Damage claims under 42 U.S.C. § 1983 – and really any personal injury claims — are broken down into two categories: economic and noneconomic damages. Pain and suffering, mental anguish, and loss of consortium are commonly sought in large numbers as noneconomic damages to enhance a plaintiff’s out-of-pocket damages. Prior to 1986, a plaintiff could

CHW’s quarterly newsletter on public law topics is out. You can see it here.

This issue has articles on:

  • A new ruling of the Federal Communications Commission further expanding federal preemption of local regulation of cell tower and other communications infrastructure;
  • A new decision of the Court of Appeal extending time to sue under