Occupied vs. Unoccupied Habitat: Sometimes, It's Hard To Tell
December 26, 2006
Because of the statutory constraints the U. S. Fish and Wildlife Service (FWS) faced and the unique characteristics of vernal pools and the species that inhabit them, the FWS appropriately made a critical habitat designation in a manner consistent with the scientific evidence available, although it did not designate which protected areas were occupied or unoccupied by the endangered species.
Easements
December 26, 2006
Key cases for your information.
Breach of Professional Duty Claims Survive
December 26, 2006
In <i>Charnay v. Cobert</i> '- Cal.Rptr.3d '', 2006 WL 3410818 (Cal.App. 2 Dist., 11/28/06) (Perluss, P.J.), the trial court erred by sustaining a demurrer to a former client's suit against the law firm that represented her as she adequately alleged, inter alia, legal malpractice and breach of fiduciary duty.
Impact Fees As CEQA Mitigation
December 26, 2006
Properly administered impact fee programs can operate to streamline California Environmental Quality Act (CEQA) review of later development projects. At the same time, impact fee programs that are not implemented in accordance with the original expectations, or that are founded upon unrealistic assumptions, may offer the lead agency and affected applicant little or no real legal relief, and may be a trap for the unwary.
Litigation
December 26, 2006
Recent rulings of importance to you and your practice.
Is It Just the Money?
December 26, 2006
We read about 'deadbeat dads' who fail to pay their child support and about the children who suffer the financial repercussions in those situations. Clearly, we can all agree that child support is beneficial to children and that educating parents about this responsibility is important. There is, however, continued debate about the policy behind child support enforcement.
Mother's Efforts to Undermine Dad Cost Her Custody
December 26, 2006
A woman who has persistently made unsubstantiated allegations that her former husband is a child molester was stripped of custody rights by a New York appellate court. The Appellate Division, Third Department, said Kristin F. Chase's relentless efforts to undermine her son's relationship with his father and 'her ongoing quest to brand [the father, John T. Chase] a pedophile' warrant an order granting the father sole legal and physical custody of the now 6-year-old boy. The decision in <i>Chase v. Chase</i>, 500656, is the latest development in a long-standing and especially bitter custody fight that has played out in both the courts and the media (NYLJ, Nov. 2, 2005).
SCRA in Child Custody Cases
December 26, 2006
Ongoing United States military involvement in Iraq, Afghanistan and across the globe forces military parents to make important and sometimes difficult decisions with regard to their children. The current state of world affairs has resulted in increased deployment of active duty military members and increased activation and deployment of military reservists and National Guard members. Among other things, the mobilization of a military parent may result in the need for legal counsel to deal with complicated child custody issues. As a result, family lawyers dealing with military families must familiarize themselves with the Servicemembers Civil Relief Act (SCRA).
