How Calif. Wrongly Decided Ceres V. Stanislaus County
August 13, 2013, 3:45 PM EDT
Law360, New York (August 13, 2013, 3:45 PM EDT) -- On July 8, 2013, the Fifth District of the California Court of Appeal issued Citizens for Ceres v. Super. Ct. of Stanislaus County (Case No. F065690 (Cal. Ct. App. 5th, July 8, 2013)) a perplexing opinion holding that pre-project approval communications between the agency conducting California Environmental Quality Act (CEQA) review and the project applicant are not protected by the attorney-client privilege.
Ceres disagrees with California Oak Foundation v. County of Tehama, 174 Cal.App.4th 1217 (2009), an important 2009 Third District decision that held that communications...