Law Commons^™

Assured Water Supply Laws In The Sustainability Context, Lincoln L. Davies

Golden Gate University Environmental Law Journal

By juxtaposing five western states’ existing assured supply laws, this Article provides a preliminary assessment of whether, and how, assured supply laws can best promote sustainability—and, by extension, make at least one area of environmental law more like sustainability law. The Article reaches three principal conclusions. First, it finds that, as they appear to, assured supply laws in fact promote sustainability. Second, the extent to which assured supply laws likely promote sustainability greatly varies by state, because these laws’ policy designs also depend on the state of enactment. Finally, additional work is needed to provide a more concrete assessment of …

Optimizing Land Use And Water Supply Planning: A Path To Sustainability?, Randele Kanouse, Douglas Wallace

Golden Gate University Environmental Law Journal

The rise of the environmental movement and the growing public embrace of ecological values roughly coincided with the end of the dambuilding era. By the 1970s, most of the good sites for dams had already been taken, and those that remained, such as California’s North Coast rivers, were increasingly valued as natural and recreational resources that should be permanently protected. At the same time, California’s population continued to swell, from under 20 million in 1970 to nearly 38 million today. How did these trends affect water supply development in California? Among other impacts, the average time a major water supply …

Alice In Groundwater Land: Water Supply Assessments And Subsurface Water Supplies, Kevin M. O'Brien

Golden Gate University Environmental Law Journal

The purpose of this Article is to explore the preparation of Water Supply Assessments in the context of subsurface water supplies. The term “subsurface water supplies” is used here rather than “groundwater” because, as discussed below, the proponent of a development project may propose to utilize a subsurface water supply (such as water produced from beneath the surface of land via a well or a flowing spring) that is not properly classified as groundwater because it falls within the legal definition of subterranean stream flow. In such a case, the supply would be subject to the water rights permitting jurisdiction …

Friant Dam Holding Contracts: Not An Entitlement To Water Supply Under Sb 610, Barry Epstein

Golden Gate University Environmental Law Journal

Nearly ten years ago, California’s Legislature enacted Senate Bill (SB) 610, a new law requiring that any proposed large development project receiving local land use approvals be supported by a Water Supply Assessment demonstrating available water supply to meet the project’s 20-year forecast water demand. While some, perhaps most, proposed large development projects are within the service territory of large, public or private municipal water purveyors whose entitlement to the water they deliver is well-established (though not necessarily adequate or secure), developments outside the service territory of such water purveyors can require more scrutiny of the underlying water rights entitlement …

Show Me The Water Plan: Urban Water Management Plans And California’S Water Supply Adequacy Laws, Ellen Hanak

Golden Gate University Environmental Law Journal

This Article reviews the effectiveness of California’s strategy of using enabling legislation and passive enforcement to encourage more integrated local water and land use planning. To shed light on the effectiveness of the current policy framework, the Article begins with a critical overview of the Urban Water Management Planning process, drawing on a detailed analysis of plans submitted in the early 2000s. It then evaluates how water supply assessments are proceeding, with a particular emphasis on steps used to identify adequacy, drawing on telephone surveys of land use authorities and water utilities conducted by the author in 2004 and 2009. …

The Relationship Between Water Supply And Land Use Planning: Leading Cases Under The California Environmental Quality Act, James G. Moose

Golden Gate University Environmental Law Journal

This Article will survey and analyze this 2007 California Supreme Court decision and the key appellate court cases leading up to and following it, all of which address the relationship between land use planning and water supply planning under CEQA. The Article will also address a subsequent California Supreme Court decision addressing the adequacy of the EIR for one of the most significant water supply programs in recent decades, the so-called CALFED Record of Decision, which reflected, as of the year 2000, a long-term strategy for addressing ecological problems occurring in the Sacramento-San Joaquin River Delta while increasing the reliability …

Conservation Of What?: An Introduction To The Issue, Paul Stanton Kibel, Anthony A. Austin

Golden Gate University Environmental Law Journal

No abstract provided.

How California Local Governments Became Both Water Suppliers And Planners, A. Dan Tarlock

Golden Gate University Environmental Law Journal

The paradox of California is that growth is concentrated in arid southern California but most of the state’s water supply, with the exception of the Colorado and Owens Rivers, originates in the north. This has meant that the state has had to bring massive amounts of water to the south to support the state’s celebrated continued population growth in order to compensate for California’s “bad hydrology.”1 From 1940 to 2007, California’s population increased from 6,950,000 to 37,786,000, and that growth has stressed the state’s capacity to meet the demand for water. Predicting the future is impossible, but the most conservative …

Selected Problems In The Administration Of Criminal Justice, Alvin H. Goldstein Jr.

Cal Law Trends and Developments

What follows is an effort to focus attention on certain problem areas in the day-to-day administration of justice. They are problems not so much because of their complexity, but rather because uncertainty persists despite considerable discussion of the rules governing each area. I have selected preliminary hearings, bail, appointment of counsel, sua sponte judicial dismissals, and reasonable doubt as appropriate topics for this chapter. There are, of course, numerous others entitled to treatment, but each of those selected relates to a subject over which the trial judge may exercise an extremely broad discretion. The exercise of this discretion may alter …

Welfare Law In California, Peter E. Sitkin

Cal Law Trends and Developments

In California, over 1,500,000 people are dependent on public assistance for all or part of their means of subsistence. To provide aid to these individuals, a large and complex bureaucracy has developed over the years that expends more than a billion dollars a year, and is governed by an evergrowing set of federal, state, and local rules and regulations. Notwithstanding the size of the bureaucracy and the complexity of the laws governing the system, until recently there had been few instances of judicial review of welfare practices or laws. With a few exceptions,4 the court decisions relating to welfare prior …

Juvenile Law, Kenneth Hecht

Cal Law Trends and Developments

Review of the 1969 decisions in juvenile law reveals that the courts in California, as elsewhere, have been traumatized by the recent transplant of constitutional due process into the formerly barren soil of the juvenile code. For sixty years, children in most American jurisdictions were hidden from constitutional view. The fiction persisted that they were not tried but treated. If a child carne to the attention of the juvenile court, he did so because his parents had failed to fulfill their function. The court succeeded to their role and, in the name of parens patriae, exercised only the power it …

Labor Relations, Joseph R. Grodin

Cal Law Trends and Developments

While primary responsibility for regulating labor relations affecting interstate commerce lies with the National Labor Relations Board, there are a number of significant areas in which state courts may exercise jurisdiction; during 1969, California courts had opportunity to determine a variety of issues raising fundamental conflicts of position: The State Supreme Court was called on to decide a case of classic tension between constitutional rights of free speech and private property and the Courts of Appeal passed on the issue of employees' basic right to organize, a claim of duress by an employer who contended he was "forced" to sign …

Contracts, Claude D. Rowher

Cal Law Trends and Developments

Recent decisions have brought about a number of changes in the area of contract interpretation. Although the general trends seem clear and commendable, the details are often obscure and bothersome.

Insurance, Robert A. Seligson

Cal Law Trends and Developments

No abstract provided.

Commercial Transactions And Consumer Protection, James R. Mccall

Cal Law Trends and Developments

Because the preceding edition of this publication did not contain an article on trends in commercial transactions or consumer protection in California, this article will discuss selected decisions and developments in those fields during the years 1968 and 1969. The principal focus of this article will be the significant decisions made during this period that interpret or relate to the principal statutes in the two fields: the California Commercial Code, the Rees-Levering Automobile Sales Finance Act, and the Unruh Retail Installment Sales Act. These legislative enactments establish a comprehensive statutory pattern for regulation of all aspects of commercial law in …

Real Property, Roger Bernhardt

Cal Law Trends and Developments

"Real property" as a topic exists only in a law professor's mind. Practicing attorneys may specialize in representing title companies or developers or brokers or any of the other entrepreneurs who make their living in one way or another from real estate, but none of these lawyers would claim that his proper field of expertise is real estate per se. Consequently, any article on developments in the field of real property law really becomes a series of separate articles on developments in some real estate specialties, rather than a cohesive whole. I have tried, here, to cover the three specialties …

Secured Transactions - Real Property, Marshall Cornblum

Cal Law Trends and Developments

As in most fields of the law, the law pertaining to real property security transactions is continually evolving. That evolving process is highlighted by the current trend of the California Supreme Court allowing the parties, at the inception of their transaction, to freely elect the true nature of the transaction and thereafter be bound by that election. At the inception of a security transaction, the true nature of that transaction is limited only by the imagination and relative bargaining positions of the parties. In determining this true nature, the court will look to substance rather than form. Once the true …

Trusts And Estates, James D. Hill

Cal Law Trends and Developments

The most significant development in 1969 in the area of trusts and estates was the codification of the law regarding powers of appointment. Other legislation subjects irrevocable inter vivos trusts to the jurisdiction of the Superior Court. In the area of judicial developments, there were two cases of first impression. Estate of Pernas, dealt with the allocation as to principal or income of gains distributed from mutual funds. The other, Estate of Phillips, concerned the admission to probate of a will executed by a Californian who had been adjudicated an incompetent in Illinois prior to his coming to California.

Torts, Frederick J. Moreau

Cal Law Trends and Developments

No abstract provided.

Administrative Law, Wiley W. Manuel

Cal Law Trends and Developments

The year 1969 produced little in the way of legislation affecting administrative law, and the cases reviewing administrative action noted here are not necessarily included because they indicate anything new, but because they indicate someone did not understand what is old. The decisions of the Department of Motor Vehicles, in particular, have been the subject of most of the litigation during the past year. These cases present most clearly the struggle of the courts to evolve some unifying principles in the application of the law to the driver who drinks. Not all the cases are in harmony, but trends seem …

Community Property And Family Law: The Family Law Act Of 1969, Aidan R. Gough

Cal Law Trends and Developments

The year 1969 marked the decade's principal accomplishment in family law, the passage of the Family Law Act. The last several years have seen a sharply rising discontent with our traditional procedures for handling the dissolution of marriages, and numerous reform proposals have been advanced both in this country and abroad.

The Family Law Act brings some of these proposals to fruition; it marks the first legislative eradication of marital fault as the governing principle of divorce in any American jurisdiction. Because the passage of the new law virtually eclipses the past year's decisional developments in family law and community …

Workmen's Compensation, Jack E. Goshkin

Cal Law Trends and Developments

The reviewing Courts in 1969, enjoyed an open season in reviewing Workmen's Compensation Appeals Board factual determinations, much in the manner reported in last year's article. The comments made by the legislature (and some members of the State Supreme Court) on the courts' hunting without a license have been to no avail.

The legislature, for all practical purposes, was inactive in the field of workmen's compensation. There were important developments in case law, but some of the cases that may well work important changes in the field of workmen's compensation law are presently in various stages of appeal.

Constitutional Law, James E. Leahy

Cal Law Trends and Developments

This was a year in which the reviewing courts in California were confronted with contemporary problems of constitutional law.

Corporations, Harry C. Sigman

Cal Law Trends and Developments

The major 1969 corporate law developments of particular interest to the California practitioner were: (1) California appellate decisions which, at least by implication, greatly broaden the scope of a controlling shareholder's duty to minority shareholders; (2) amendments to the California Corporations Code; and (3) amendments to the Delaware General Corporation Law.

Evidence, Joseph B. Harvey

Cal Law Trends and Developments

The principal developments and trends to be noted in the law of evidence appeared this year in appellate Court decisions. The legislative changes were few. Only one legislative change seems likely to be of any significance and will be felt primarily by drivers accused of being under the influence of intoxicating liquor. For lawyers, the notable developments appear in the case law; it is likely that the courts will remain the primary arena for the development of the law of evidence for some time to come.

Remedies, Kenneth H. York

Cal Law Trends and Developments

Remedial problems are best dealt with in the context of substantive law situations. However, the disparate characteristics of restitution, equitable remedies, and damages necessitate some generalized preliminary comment. We regret that the points raised in the California cases during a one-year period do not form a tidy or cohesive pattern or adapt themselves to a symmetrical outline.

Civil Procedure, Jack H. Friedenthal

Cal Law Trends and Developments

One of the more important recent developments in California procedural law is the enactment of an entirely new set of provisions dealing with personal jurisdiction and service of process. The new procedure is effective July 1, 1970, and will alter substantially a number of current practices.

Foreward, J. Lani Bader

Cal Law Trends and Developments

No abstract provided.

Judicial Dilemmas In Enforcement Of Drug Abuse Laws, Alvin H. Goldstein Jr.

Cal Law Trends and Developments

No abstract provided.

Table Of Cases

Cal Law Trends and Developments

No abstract provided.