Author Archives: John Pinkney

California Regulatory Compliance Counseling on Environmental Laws

The Sustainable Groundwater Management Act

Governor Jerry Brown of California signed the Sustainable Groundwater Management Act (SGMA) on September 16, 2014. This is a combined bill comprised of three legislative bills. Senate Bill SB1168, (Pavley)Assembly Bill AB 1739 (Dickenson) and Senate Bill SV1319 (Pavley)

Understanding the Dilemma of Water in California

Prompted by a drought, which is common in California, this legislation helps in the regulation and management of underground water throughout California. Under this act, medium and high priority basins are regulated as to the amount of pumping that is allowed. Ground water is critically important as a reserve due to the frequent droughts in the state of California. When surface water gets used up, ground water is called upon. The Sustainable Groundwater Management Act requires agencies of medium and high basins to be in compliance by 2042.

The Groundwater Sustainability Agencies

Local agencies form Groundwater Sustainability Agencies (GSA) to manage their groundwater basins. As infrastructure is vital, overuse of groundwater from Aquifer systems can cause land problems with wells, buildings, and roads. Also, seawater intrusion is an important issue in California’s coastal groundwater basins. Interconnected surface water depletion usually results during droughts. Adequate groundwater is essential to keep water flow even and constant.

Let SBEMP Help You Become Fluid In Procedures Concerning the SGMA and GSA

Our experienced Palm Springs environmental attorneys are essential in helping local agencies navigate the law and understand requirements of these laws. The laws are complex, and our attorneys are well versed in transnational practice, as well as counseling on issues effecting real property. These include underground oil tank remediation, proper asbestos removal and removal of contaminated soil and of course when dealing with groundwater.

Our Palm Springs environmental attorneys can also offer counseling on proper hazardous waste packaging and disposal.

Fight For Your Reputation Against Slander

Filing for a civil lawsuit isn’t always a one-size-fits-all procedure and can vary across different states. The person that has suffered from slander has the right to file for a law suit, allowing the defendant to retract his/her statement. Filing for slander and winning a suit can only yield compensation and possibly a public apology. Corporations greatly value their brand and/or positive image.

SBEMP Fights For Your Reputation

It can be difficult when your reputation has been smeared from false statements made to intentionally damage your reputation and image. Because of this, SBEMP and our attorneys have successfully represented those who are falsely accused.

Slander can either be in form of slander or slander per se with the former having an additional person that has been a victim of libel to testify against the defendant. Victims can also file for special damages that are monetary.

In California, alleged victims can sue without pushing for special damages. We understand how a lawsuit can become libel if the defendant pleads not guilty to some previous suit, then smears the character of the person and many other variables that lead to civil suits regarding libel.

Let SBEMP Protect You In Civil Suits

We want to stop the trend of clients being smeared by statements either orally or otherwise. Our firm will assign an excellently skilled Palm Springs civil litigation lawyers with a background of experience in this field to help consult you on the steps to take. Using the evidence in the face of the opposition, we are confident of finding the best solution to the problem and greatly reducing its impact in your life.

 

What are Public Contracts?

State codes that prohibit public officials and public staff from making public contracts during which they exhibit a monetary interest is notoriously obscure, broad, and often malleable. Many states create laws for non-appointed and appointed officials discouraging all staff and representatives from having a vested interest in any contract created by them in their official capability. However, state courts and politics have taken these terms loosely, creating hazardous straightforward violations to certain statutes sometimes while not even knowing it.

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What Is Municipal Litigation?

Often times, municipal litigation involves precise zoning laws in a specific counties, towns, and cities. However, these type of lawsuits can also be brought about on behalf of law enforcement agencies, government entities, and schools. Continue reading

Coachella Valley Governmental Law Stops Illegal Local Area Dispensaries

Recent California Marijuana Legislation

In a recent article, a historic piece of legislation has been passed in California with the legalization of marijuana. Medicinal and recreational smokers can legally purchase cannabis from their local dispensary, wherever marijuana is sold. Residents must be eighteen years of age or older and have a medical marijuana card. Local dispensaries must be licensed to sale marijuana in the state of California. Continue reading

Key Facts About California’s Public Records Act

The purpose of the California Public Records Act is to facilitate public access to a wide range of governmental records. It is important to note that the law itself encompasses a vast array of information in order to encourage transparency when it comes to how the people’s business is conducted by governmental bodies. Of course, the Act does come with a group of information types that may be exempted from disclosure, depending on the circumstances at hand. Continue reading

California State Regulatory Agencies Governing Licensed Professionals

The Federal Government and all 50 states have given certain governmental agencies the authority over professionals who are required to be licensed in order to legally conduct their businesses. This is the area of law known as administrative law. Each of these agencies not only outline regulations that must be followed, but they also enforce the rules and adjudicate disputes. If you are professionally licensed in the state of California, realize that this state has some of the harshest regulations that are rigidly enforced. Continue reading

New Updates To Assembly Bill 46

Women in California employed by the government have received new protection regarding wage discrimination through a bill signed by Governor Jerry Brown, according to an article on the Sacramento Bee. Under Assembly Bill 46, wage discrimination claims can be pursued by female public employees through the Division of Labor Standards Enforcement or in court. Under the California Equal Pay Act, only employees in the private sector could pursue these claims. 

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Understanding the Notice Requirements of the California Open Meeting Act

What is the California Open Meeting Act?

The California Open Meeting Act is a law that allows members of the public and others to attend and get notified about meetings involving local and state officials (with some exceptions). Under this law, local and state agencies (or other government bodies such as “commissions, school districts”), must provide public notice of their meeting along with information about the items to be discussed.

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How New Medical Marijuana Regulations May Effect You

California’s medical marijuana laws have changed. As of January 2, 2018, the state will implement the Medical Cannabis Regulation and Safety Act. The act was released earlier this spring. The act is altered many regulations previously known under Proposition 64 with the Medical Marijuana Act. All three state licensing authorities, known as the Department of Consumer Affairs’ Bureau of Cannabis Control, the Department of Public Health, and the Department of Food and Agriculture have decided to withdraw from their proposed regulations. Continue reading

Municipal Law and Budget Allocation

Jerry Brown signed a $183 billion state budget amid uncertain times when the California Government required a balanced state budget. In an article from the Sacramento Bee, Brown stated that the government was making decisive actions in budgeting for funds. He also added that the budget would provide the required funds to pay down debts, repair roads, provide medical care, and fund income taxed credit.  Continue reading

Legalization of Commercial Cannabis in California

Reason for Legalization 

The promise of new tax revenue amounting to millions of dollars was the major argument put forward by advocates of recreational marijuana. The California voters were convinced to vote for the legislation because local municipalities and the state would receive more than $1 billion in taxes. Continue reading

Resolving Land Law Issues with Municipal Law

Entrepreneurs and businesses seeking to resolve local land law issues need a good municipal law firm. The purpose of a business is to make a profit. Legal issues can affect the profit potential if they are not properly addressed. This can lead to losses that could have been avoided. Many business owners are surprised when legal matters arise. An understanding of the law can significantly help in efficiently dealing with the issue. Continue reading

The 3 Limits of Pay-To-Play Section 84308 in Government

Government has a responsibility to abide by a most sacred and honorable code of ethics, sound doctrine and unified state of mind in all matters of justice, equity and legal, executive, and judicial matters. Government has enabled more transparency in their decision-making process. One law that enables a fair process and limits contributors from influencing officials is Section 84308, called “pay-to-play.”

First, in this section of the law, public officials may not be unfairly influenced. If they feel their rights are violated, they must challenge the issue with the contributor in question and may potentially bring the matter to a court proceeding. The law limits pay-to-play scenarios. As such, Section 84308 disfavors three specifically related actions. Continue reading

Options Before Defaulting on a Government Loan

An SBA loan default is not a small matter. Having an SBA loan default can be financial dread for many small business owners. People who are left in such a slump may be forced to close their business offices. Better yet, they may be forced to sell off all of their business assets. This is only “the tip of the iceberg.” One foolhardy mistake SBA borrowers seem to make is that they will pay back the loan without any plan of action. As silly as it may sound, it is a fairly common occurrence. Continue reading

What is the Government Tort Claims Act?

California’s Government Tort Claims Act is designed to minimize the number of lawsuits filed against state, county or local government agencies or the people that work for those agencies. Basically, this legislation requires a claimant to follow a set process before filing for damages in court. It is very important to properly follow the regulations precisely or you will not be allowed to file a lawsuit. Continue reading