Seila Law LLC v. Consumer Financial Protection Bureau: The Supreme Court Considers Whether an Independent Agency with a Single Director Who Can Be Removed Only “For Cause” is Constitutional

RODGER CITRON

Rodger Citron, Associate Dean for Research & Scholarship and Professor of Law at Touro Law, comments on a case in which the U.S. Supreme Court will hear argument this week that presents the question whether an independent agency with a single director who can be removed only “for cause” violates the separation of powers principle enshrined in the Constitution. Citron notes that the decision to hear the case is unusual in that there is no conflict among the federal appeals courts, but he points out that that the government’s support of the cert. petition and then-Judge Brett Kavanaugh’s dissent on the issue when it came before the D.C. Circuit likely helped the present case come before the Court.

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Environmental Council of Sacramento v. County of Sacramento

Docket: C076888(Third Appellate District)

Opinion Date: March 2, 2020

Judge: Vance W. Raye

Areas of Law: Environmental Law, Government & Administrative Law, Zoning, Planning & Land Use

Defendants County of Sacramento and the County Board of Supervisors (the County) approved Cordova Hills, a large master planned community comprised of residential and commercial uses and including a university (the Project). Plaintiffs Environmental Council of Sacramento and the Sierra Club (Environmental Council) filed a petition for writ of mandate challenging the Project, which the trial court denied. Environmental Council appealed, contending the Environmental Impact Report (EIR) contained a legally inadequate project description, an inadequate environmental impact analysis, failed to analyze impacts to land use, and the County failed to adopt feasible mitigation measures. Central to the Environmental Council’s appeal was the contention that the university was not likely to be built, and since the EIR assumed the buildout of a university, it was deficient in failing to analyze the Project without a university. We shall affirm the judgment. The Court of Appeal agreed with the trial court’s assessment, that the County, in drafting the EIR, was required to assume all phases of the Project, including the university, would be built. The Court affirmed the trial court in all respects.

In re Justin O.

Docket: B287406(Second Appellate District)

Opinion Date: March 2, 2020

Judge: Bendix

Areas of Law: Family Law

The Court of Appeal held that the juvenile court erred in denying grandmother de facto parent status, and compounded the error by refusing to allow grandmother an opportunity to present evidence or argument at the purported "hearing" on the Welfare and Institutions Code section 387 petition. The court rejected respondent's argument that the appeal was moot, because a decision in this appeal could affect grandmother's visitation with the children, as well as her ability to effectively parent the adopted son still in her custody. Accordingly, the court reversed the juvenile court's order sustaining the section 387 petition.