March 2012

A source of great frustration to property owners and developers has been the inability to obtain judicial review of compliance orders issued by the Environmental Protection Agency.  Instead, under prevailing caselaw, the choices have been either to comply with the order or face civil enforcement proceedings, including possible civil penalties.

Today, the Supreme Court unanimously

Navigating the hazardous shoals of writ practice, attorneys often face the question whether a request for preparation of the record extends the very short, 90-day period to file a petition for writ of mandate. Both the Administrative Procedure Act and Code of Civil Procedure § 1094.6 state that a request for the record extends the