California court ruling could limit drought fighting tools
Court Alerts
In a ruling that Gov. Jerry Brown says puts a "straitjacket" on local governments trying to fight the severe statewide drought, an appeals court has found that an Orange County city's tiered water rates are unconstitutional.
The ruling by the 4th District Court of Appeal on Monday against the city of San Juan Capistrano potentially deals a blow to agencies statewide that have used the pricing structure to encourage water conservation.
"The practical effect of the court's decision is to put a straitjacket on local government at a time when maximum flexibility is needed," Brown said in a statement after Monday's ruling. "My policy is and will continue to be: employ every method possible to ensure water is conserved across California."
The 3-0 ruling upholds a Superior Court judge's decision that found that charging bigger water users incrementally higher rates violates a voter-approved law that prohibits government agencies from charging more than the cost of a service.
It comes shortly after Brown issued drought orders that call for rates that encourage people to save water, including tiered pricing. About two-thirds of water districts in the state use some form of tiered pricing, and the ruling was being closely watched to see how it might apply beyond the appellate court, which is only binding in Orange County.
Related listings
-
Retired Army Colonel Pleads Guilty to Breaking Law in Job Hunt
Court Alerts 04/15/2015A retired Army colonel pleaded guilty to negotiating his post-military employment with a helicopter company that did business with the Defense Department office he ran while still in uniform, according to court records filed Tuesday by U.S. governmen...
-
Ex-Premier Zia avoids arrest as Bangladesh court grants bail
Court Alerts 04/07/2015Former Bangladesh Prime Minister Khaleda Zia avoided arrest on corruption charges Sunday after a court granted her bail. Judge Abu Ahmed Jamadder approved Zia's request for bail when she surrendered to court in the capital, Dhaka. Zia left her office...
-
Battle flag at center of Supreme Court free speech case
Court Alerts 03/23/2015Texas commemorates the Confederacy in many ways, from an annual celebration of Confederate Heroes Day each January to monuments on the grounds of the state Capitol in Austin. Among the memorials is one that has stood for more than a century, bearing ...
New York Commercial Litigation Law Firm - Woods Lonergan PLLC
Founded in 1993 by Managing Partner James F. Woods, Woods Lonergan PLLC has built a strong reputation as a resourceful and industrious firm that provides clients with clear, concise, and straightforward answers to their most challenging legal issues. Partner Lawrence R. Lonergan, who joined the firm in 2008, has been a friend and colleague to Mr. Woods for over 40 years and shares the same business philosophy. Woods Lonergan PLLC’s collective experience and expertise enables the firm to expeditiously and effectively analyze the increasing challenges clients face in an evolving business and legal world, in many instances, avoiding unnecessary time and expense to our clients. Our mission is simple: provide cutting-edge expertise and sound advice in select areas of the law for corporate and business clients. We thrive on providing each client with personalized attention, forceful representation, and a collaborative team effort that embraces collective knowledge.