• American Coatings Association, Inc. v. South Coast Air Quality District

    Posted July 2, 2012 By in Recent News With | No Comments

    NEW CASE UPDATE

    American Coatings Association, Inc. v. South Coast Air Quality District

    California Supreme Court Upholds Power of Regulatory Agencies to Require the Use of Technology that Does Not Exist Yet

    In the recent opinion of American Coatings Association, Inc. v. South Coast Air Quality District (June 25, 2012), the California Supreme Court addressed the question of whether California Air Quality regulators have the power to promulgate “technology forcing” regulations that require manufacturers to meet certain air quality standards using technology that does not yet exist.

    The Court held that air quality regulators did have power under the State’s Health & Safety Code to pass regulations that require the use of technology that does not currently exist so long as the regulatory body put forward evidence that it would be possible to meet the proposed air quality regulations with the new developing technologies by the effective date of the new regulation.

    The Court’s decision will likely encourage the passage of more technology forcing regulations by California regulators. California businesses will need to closely monitor the regulatory environment, and comment on proposed rulemaking to avoid the passage of technology forcing regulations that are unworkable or not feasible.

    Should you like more information on how Bergman Dacey Goldsmith can help your company respond to the ever changing regulatory environment in California, please contact Brian J. Bergman at (310) 470-6110 or bbergman@bdgfirm.com.

  • Bergman Dacey Goldsmith Proudly Announces 2012 Rising Stars

    Posted June 21, 2012 By in Recent News With | No Comments

    Bergman Dacey Goldsmith is pleased to announce that attorneys Brian J. Bergman, Mitchell C. Frederick, and Arash Beral have been selected as 2012 Southern California Rising Stars by Super Lawyers Magazine. Rising Stars are considered the best attorneys who are under 40 years old or have been practicing less than ten years. These attorneys are selected through a nomination and research process where they are ranked on a point scale. No more than 2.5 % of the lawyers in the state are named to the list.

    Mr. Bergman is a Senior Associate at our firm. His practice focuses on construction, environmental, and land use law and litigation.

    Mr. Frederick is also a Senior Associate at our firm. His practice focuses primarily on defending corporations and public entities in state and federal employment litigation matters.

    Senior Associate Arash Beral’s practice focuses on complex business, construction, general litigation, and appellate matters. He has significant experience on matters involving temporary restraining orders and injunctive relief.

    The announcement is attached for your review. To learn more about how Bergman Dacey Goldsmith can apply our proven strategies for litigation excellence on your behalf and about our award-winning attorneys, visit our website at www.bdgfirm.com.

      Rising Stars 2012

  • Are You Set Up to Protect Your CEQA Exempt Project?

    Posted June 15, 2012 By in Recent News With | No Comments

    New Case Update: Tomlinson v. County of Alameda – Are You Set Up to Protect Your CEQA Exempt Projects?

    In the recent opinion of Tomlinson v. County of Alameda (June 14, 2012) 2012 Cal. Lexis 5261, the California Supreme Court addressed the question of whether a party must exhaust administrative remedies before it may challenge a public entity’s decision that a project is exempt under the California Environmental Quality Act (“CEQA”).

    The doctrine of exhaustion of administrative remedies requires that a party raise its concerns regarding a proposed project before the project is approved by the public entity. If a party does not raise its concerns before the project is approved, the party may be barred from raising its concerns in court.

    In Tomlinson, the California Supreme Court held that if a party was given an opportunity to raise its concerns about a proposed project considered exempt from CEQA at a public hearing prior to project approval then the doctrine of exhaustion of administrative remedies does apply.

    The Court’s decision is a major departure from the majority of prior appellate decisions that had held that a party does not need to exhaust their administrative remedies prior to challenging a public entity’s decision that a project is exempt. As such, it is likely that your entity does not have the proper procedures in place to take advantage of the protections afforded by the Tomlinson opinion.

    Should you like more information on how your entity can implement the holding in the Tomlinson decision to better protect your projects from CEQA challenges, please contact Brian J. Bergman at (310) 470-6110 or bbergman@bdgfirm.com.

  • Gregory Bergman named One of the Top Ten Environmental Lawyers in the Country for 2012

    Posted May 4, 2012 By in Recent News With | No Comments

    Bergman Dacey Goldsmith is pleased to announce that Gregory M. Bergman has been named “One of the 2012 Top Ten Environmental Lawyers” in the country by The United States Lawyer Rankings. This is the sixth year in a row that Mr. Bergman has been named to the prestigious listing.

    Lawyers are nominated for inclusion in the rankings by members of the Bar, Judiciary, and the senior management of large corporate and institutional clients. Only attorneys engaged in the private practice of law are eligible to be included. The United States Lawyer Rankings listing was established by a consortium of U.S. corporations in order to recognize those lawyers who have consistently provided the highest degree of legal representation, so that their members, as well as other businesses and individual clients, can have a degree of guidance and confidence when choosing to retain an attorney.

    Lawyers are ranked based on confidential questionnaires regarding their negotiating skills, oral advocacy skills, and ability to develop creative solutions, and how much does the attorney add to the body of knowledge in his/ her practice area. For a full listing of the 2012 United States Lawyer Rankings, follow the link provided below.

    http://www.unitedstateslawyerrankings.com/2012environmental.html

    For over 29 years, Bergman Dacey Goldsmith has been at the forefront of providing preventative risk counseling and the full spectrum of legal services to our clients. To learn more about our award-winning attorneys and to review our experience portfolios, please visit our website at www.bdgfirm.com.

  • Give me Back my CEQA Exemption – Los Angeles Daily Journal

    Posted March 26, 2012 By in Recent News With | No Comments

    Attached please find an article written by Senior Associate, Brian J. Bergman published in the January 21, 2012 edition of the Los Angeles Daily Journal entitled “Give Me Back My CEQA Exemption.” This article addresses new case law that negatively impacts the ability of Project proponents to avoid costly California Environmental Quality Act analysis by utilizing CEQA exemptions.

    Give me Back my CEQA Exemption

    Bergman Dacey Goldsmith is a full service law firm founded in 1983 on the premise that serving our clients’ needs is paramount. We provide personalized and cost-effective service to multiple California public entities and school districts, Fortune 500 corporations, and individual clients. Our unique attention to our clients distinguishes Bergman Dacey Goldsmith from other law firms. We have earned our reputation as a “no surprises” law firm. Mr. Bergman works in our Los Angeles office and his practice includes Land Use, Environmental, and Construction law.

    For any questions about this article or about our firm’s practice areas and extensive experience, please do not hesitate to contact us.

  • Daily Journal: “Dismissing a Teacher is Not Easy – the Process School Districts Must Follow”

    Posted March 16, 2012 By in Recent News With | No Comments

    In recent weeks, the media has flooded us with news of teachers being removed from classrooms and fired by school boards. The public, however, may have little knowledge of the cumbersome or complex process that is involved in a teacher dismissal action. On March 12, 2012, the attached article was published in the Daily Journal, written by our shareholder Michele M. Goldsmith, describing the process and pitfalls to the current procedures under the California Education Code.

    Also, Larry Mantle’s AirTalk, on KPCC 89.3, featured Michele in the segment “Can a teacher be fired for being a former porn actor?” Michele and Larry discussed the standards of teacher dismissal actions and “immoral” conduct as a cause for dismissal, specifically in the context of an Oxnard teacher who appeared in an adult film that was obtained by and watched by district students, parents and teachers. To listen to this KPCC program, please go to Larry Mantle’s AirTalk.

    Michele has a varied and extensive practice for both private and public clients, focusing on labor and employment matters. She litigates employment matters in both State and Federal Court. She also represents public agencies, including school districts, in certificated and classified personnel appeal hearings, before hearing officers and at the Office of Administrative Hearings. Many clients look to her to represent their interests in labor negotiations.

    Bergman Dacey Goldsmith is a full service law firm founded in 1983 on the premise that serving our clients’ needs is paramount. We provide personalized and cost-effective service to multiple California public entities and school districts, Fortune 500 corporations, and individual clients. Our unique attention to our clients distinguishes Bergman Dacey Goldsmith from other law firms. We have earned our reputation as a “no surprises” law firm.

    For further information regarding Michele, our firm, and what we can do to help you through the teacher dismissal process, please visit our website at www.bdgfirm.com or contact us at any time.

      Dismissing a Teacher is Not Easy – the Process School Districts Must Follow

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