A decade ago, progressive environmentalists fought to protect the ground from excess sewage, the schools from overly large class sizes and the habitat of the endangered spotted salamander. Open space, trees, water recharge areas and fewer cars choking the air
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New, Accessible Cal-Berkeley Law Review Article Treats the “Fissured Workplace,” Argues for More Rights for “Non-entrepreneurial” Independent Contractors
Next month, Professor Duff and I will (after a two-year delay), present, for the ABA New Orleans CLE, on the gig workforce and workers' compensation. In reviewing the absolute latest literature, one broad treatment of the issue stood out…
Failure to Timely Name and Serve Real Parties In Interest Does Not Warrant Dismissal Of An Entire CEQA Action if The Unnamed Parties Are Not Indispensable
In the first reported interpretation of a 2012 amendment to CEQA’s statute of limitations provisions, the First District Court of Appeal addressed “whether an action against a lead agency must be dismissed–despite being filed within the limitations period–because of a…
Berkeley conference on immigration, COVID and climate displacement
The Berkeley Interdisciplinary Migration Initiative presents its Fall Symposium on Dec 7, 2021, in-person at the Institute on Governmental Studies Library in Moses Hall.Symposium Overview Keynote – 2:30-3:00 PM Dania Matos, Vice-Chancellor, Equity and InclusionIrene Bloemraad, Faculty Director, Berkeley Interdisciplinary Migration InitiativeEthan…
A Teaching Moment? First District Affirms CEQA Action Demurrer Order Finding Late-Joined Developers of UC Berkeley Campus Project Were Necessary, But Not Indispensable, Real Parties In Interest
In a published opinion filed October 21, 2021, the First District Court of Appeal affirmed the trial court’s order finding the real party developers of a UC Berkeley campus development project – undertaken for the University’s benefit, and in which…
Should unarmed DOT workers handle traffic enforcement?
That’s what Berkeley, California did. Read about the measure and its impact in this article from The Atlantic.
City of Berkeley Issues Mandate Requiring COVID-19 Vaccine for Certain Business Patrons and Employees
On September 1, 2021, the City of Berkeley issued an order mandating that certain Berkeley businesses and operations verify proof of full vaccination of their employees and patrons (the Order) in response to the surging number of COVID-19 Delta variant…
San Francisco Bay Area and City of Berkeley Issue Mask Mandates for Even Fully-Vaccinated Individuals
On August 2, 2021, the City and County of San Francisco updated Health Officer Order No. C19-07y, entitled “Encouraging COVID-19 Vaccine Coverage and Reducing Disease Risks (Safer Return Together),” to require all individuals, including the fully vaccinated, to wear…
Bay Area Reinstates Indoor Masking Mandate
On August 2nd, seven Bay Area counties and the city of Berkeley joined the ranks of Los Angeles, Sacramento, and Yolo counties in issuing local ordinances that reinstitute indoor masking mandates. The orders require all individuals, regardless of vaccination…
California Court Upholds Local Ordinance Precluding Installation of Natural Gas Piping in New Construction
We often think that environmental regulation comes top-down from Congress and Washington bureaucrats. But that isn’t always the case, as the recent California federal district court decision in California Restaurant Association v. City of Berkeley illustrates. The court there rejected…