Abbott & Kindermann Land Use Law Blog : California Land Use, Environmental & Real Estate Lawyer & Attorney : Abbott & Kindermann Law Firm : Sacramento, CA

By William W. Abbott

As noted in our recent article "The Importance of the Mundane: CEQA's Small Details are Important as Well", the Sixth Appellate District discussed how the lead agency thoroughly documented the genealogy of a later EIR from a series of prior CEQA documents. In Save our Neighborhood v. Lishman (2006) 140 Cal.App.4th 1288, the Third Appellate District recently made a similar observation when evaluating a legal challenge to an addendum which followed an earlier EIR. The court held that is important at the outset for the environmental document preparer to declare and document the pedigree relationship from earlier CEQA documents.

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By Cori Badgley

The Endangered Species Act ("ESA") is a complex web of provisions that are not always easily interpreted. A recent case decided by the 9th Circuit Court of Appeals, Center for Biological Diversity v. U.S. Fish and Wildlife Service (2006) 450 F.3d 930, illustrates the intricacies of the ESA and provides a warning to all those wishing to claim violations of its provisions - do your homework.

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By Kate J. Hart and Janell M. Bogue

In Ailanto Properties, Inc. v. City of Half Moon Bay (August 30, 2006) 2006 Cal. App. Lexis 1317, the First District Court of Appeal held that Government Code section 66452.6 (b)(1) limits the length of any moratorium-related tolling of the expiration of a tentative map to five years, regardless of the length of the moratorium itself. The court further held that when a phased final map does not conform to the requirements of the vesting tentative map ("VTM"), then the filing will not extend the life of the VTM pursuant to Government Code section 66452.6(a)(1) and (d).

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Please remember to join us for the second annual "A Lot In Common" conference on condos, townhomes, and higher density developments. This year's event will be held on September 20, 2006 from 9am to 12 noon at the Sacramento Radisson.

If you have any questions about the event, please call our office at (916) 456-9595. We hope to see you there!

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