Environmental Law Again Front-and-Center at California Supreme Court

Local Government’s Authority to Limit Oil & Gas Development To Be Argued Before Justices

For the first two decades of this century, and under the able leadership of former Chief Justices Ronald George and Tani Cantil-Sakauye, the California Supreme Court was quite active in interpreting and shaping California environmental law. That trend had abated in the last few years–coincidentally or not during the height of the COVID epidemic–with only a couple of relatively minor environmental law decisions being issued by the Supreme Court.

Well, break’s over. The California Supreme Court is back in the environmental law business.

Later this month the justices will hear arguments in Chevron USA v. County of Monterey–a major case involving the authority of California local governments to limit oil and gas development within their borders.

In 2016 Monterey

SSE Generation Ltd, the respondent, claimed capital allowances on expenditure incurred when constructing a hydro-electric power station at Glendoe, Fort Augustus in Scotland. Such allowances may be deducted from income for the purpose of calculating a company’s trading profits subject to corporation tax. Commissioners for His Majesty’s Revenue and Customs (“HMRC”) disputed certain allowances claimed by SSE for tax years 31 March 2006 to 31 March 2012 on the basis that in their view certain relevant assets did not give rise to allowable expenditure under the Capital Allowances Act 2001 (the “Act”).

SSE appealed to the First-tier Tribunal (the “FTT”). The FTT held that SSE was entitled to some of the allowances claimed but upheld HMRC’s view on others. HMRC appealed to the Upper Tribunal (the “UT”), who dismissed the appeal and allowed SSE’s challenge to parts of the FTT’s decision. As a result, the FTT remade the decision largely

Humor is a powerful tool that can help break the ice, ease tension and bring people together. However, when it comes to jokes or comments of a sexual nature made in the workplace, there’s no laughing matter.

Such behavior can constitute sexual harassment and create a toxic work environment that makes employees feel uncomfortable, unsafe and disrespectful. In this article, we will explore whether comments made under the guise of humor should be considered as sexual harassment based on a recent case decided by the Fair Work Commission. We’ll also look at other legal issues HR needs to consider and to ensure they maintain a safe place of work free from (or at least the minimization of) psychosocial risks and hazards related to inappropriate conduct in any form.

What is Sexual Harassment?

Sexual harassment is a form of workplace discrimination that involves unwelcome behavior or conduct of a sexual nature.

Air Quality Watchdog Agrees to Get Tougher on Refineries

There’s a favorable settlement in the case brought by Earthjustice on behalf of EYCEJ with help from UCLA law students.

Last year, the South Coast Air Quality Management District was accused of not properly enforcing a state law that requires petroleum refineries to install air-quality monitoring systems around their perimeter. Essentially, the air quality watchdog exempted smaller refineries from having to follow the rules. Now, the SCAQMD has agreed to reverse course and move to close that loophole.

The allegation came in a petition filed in LA Superior Court by Earthjustice on behalf of the East Yard Communities client for Environmental Justice. Two UCLA Environmental Law Clinic students, Sarah Repko (JD ’23) and Monica Heger (JD ’22), helped draft that petition. The pair undertook this work through the Clinic

By MARK PEARSON Follow @Journlaw

A former ombudsman who sued a major newspaper for defamation offers his insights into the experience in Episode #009 of our occasional Griffith University SMALL podcast – Social Media and Law Livestream.

Griffith University Media Law students Emily Soccol and Anna Swann interview Professor John McMillan AO about his successful defamation action against the Canberra Times in 2016.

Mr McMillan has held positions of Commonwealth Ombudsman, Integrity Commissioner for the Australian Commission for Law Enforcement Integrity, Australian Information Commissioner, NSW Ombudsman and a member of the Australian Copyright Tribunal.

He is also a legal consultant and an Emeritus Professor at the Australian National University. Drawing on his expertise over a five decade career, Professor McMillan offers his perspective on defamation laws and the legal risks associated with publishing damaging material.

The case was settled after mediation. The court judgment on the imputations can be viewed

The manner of holding has implications for your estate planning.

If you are buying a property it is important to have the right manner of holding (or property ownership). This decision has a clear impact on your estate planning and how your share of a property is distributed after you die. Blended families should carefully consider what manner of holding they have as this may cause issues with your estate.

This infographic gives you a simple overview of the key differences between either joint tenants or tenants in common. If you are unclear as to what is the best option, you should speak to a conveyancing lawyer to discuss what will suit you best.

If you need to change your manner of holding we can assist as well.

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