California Case Summaries

Administrative Law

Secondary practice area

California Supreme Court, Administrative Law, Litigation

In re Spielbauer — California Supreme Court Orders Attorney Restitution to Non-Client Fraud Victim

The California Supreme Court held that a restitution order is appropriate in attorney discipline cases where an attorney's intentional, fraudulent misconduct caused direct financial harm to a non-client, correcting a State Bar Court misreading of prior precedent that had treated tort-based damages to non-clients as categorically excluded from restitution.

Ninth Circuit Court of Appeals, Administrative Law, Banking & Finance, Constitutional Law

Novedades y Servicios v. FinCEN — Ninth Circuit Upholds Block on Treasury’s Sweeping Southwest Border Cash-Reporting Order

The Ninth Circuit affirms a preliminary injunction blocking FinCEN’s “Border GTO” — which required money services businesses in 30 southwest border ZIP codes to file cash-transaction reports for amounts as low as $200 — finding the order was likely a rule requiring notice-and-comment rulemaking and that it was adopted in an arbitrary and capricious manner.

1st District Court of Appeal, Administrative Law, Constitutional Law, Real Estate Law

City of Clearlake v. Highlands Mutual Water Co. — Statute Requiring Cancellation of Public Entity’s Water Company Shares Is Constitutional

The First District holds that Corporations Code section 14300's mandatory cancellation of a public entity's appurtenant water company shares does not violate the California Constitution's limited exception permitting public entities to hold such shares.

Ninth Circuit Court of Appeals, Administrative Law, Environmental Law

Rinnai America Corp. v. South Coast Air Quality Management District — Federal Energy Law Does Not Preempt SCAQMD’s Zero-NOx Gas Appliance Rule

The Ninth Circuit, 2-1, holds that the Energy Policy and Conservation Act (EPCA) does not preempt the South Coast Air Quality Management District's Rule 1146.2, which phases in zero-NOx emission standards for gas water heaters and boilers to bring the Los Angeles Basin into compliance with federal ozone standards under the Clean Air Act.

Ninth Circuit Court of Appeals, Administrative Law, Constitutional Law, Environmental Law

Rinnai America Corp. v. South Coast Air Quality Management District — Federal Energy Law Does Not Block California’s Zero-Emission Appliance Rules

The Ninth Circuit ruled 2-1 that the federal Energy Policy and Conservation Act (EPCA) does not preempt SCAQMD's Rule 1146.2, which phases out gas-fired water heaters and boilers across Southern California to achieve compliance with federal ozone standards — dealing a major setback to appliance manufacturers challenging the ban.

3rd District Court of Appeal, Administrative Law, Environmental Law, Tax (non-estate)

Garst v. Tehama County Flood Control District — Countywide Groundwater Registration Charge Is an Unconstitutional Tax

The Third District struck down a Tehama County groundwater district's per-acre annual charge as an unconstitutional tax rather than a valid regulatory fee, ruling that Proposition 26 bars a fee imposed on parcels with no groundwater wells for a well-registration program that provides no direct service to those parcels.

Scroll to Top