May 2013

By Katherine J. Hart

The Marin Municipal Water District (District) proposed to construct a desalination plant in Marin County, and certified an environmental impact report (EIR) for the project. The North Coast Rivers Alliance (Alliance) challenged the EIR on the grounds that the EIR failed to properly analyze various impact categories, including aesthetics, land use and planning, seismology, hydrology and water quality, biological resources, and greenhouse gases. The Alliance further claimed that a number of mitigation measures were improperly deferred, and that a feasible green energy alternative was not considered in violation of CEQA. The trial court granted the writ, but on appeal, the Court of Appeal, First Appellate District, reversed and ordered the trial court to issue a new judgment denying the writ petition. North Coast Rivers Alliance Et Al. v. Marin Municipal Water District Board of Directors (May 21, 2013, A133821, A135626) ___Cal.App.4th ___.

Continue Reading EIR For Desalination Plant Upheld

By William W. Abbott

Taxpayers for Accountable School Bond Spending v. San Diego Unified School District (April 25, 2013, D060999) ___ Cal.App.4th ___.

The voters within the San Diego Unified School District passed a school bond measure to school facilities upgrades. The school board voted to use bond proceeds to install field lighting at Hoover High School. Neighbors, concerned with the increased traffic and parking conflicts resulting from nighttime events filed suit challenging the approval as an unauthorized use of bond proceeds and for improper reliance upon a negative declaration, among other claims. The trial court ruled for the District, and the neighbors (“Taxpayers”) appealed. The court of appeal reversed on the bond authorization claim, and reversed in part on the CEQA claim.

Continue Reading Court Gives Failing Grade For School Bond Expenditure For Field Lights; Returns Neg Dec. As Incomplete

Join William Abbott and Kate Hart of Abbott & Kindermann in a new class which ties together best practices for land development projects. This is an advanced class aimed primarily at project managers, engineers, and development consultants. This intense, three hour class interprets and applies: 

  • CEQA
  • Permit Streamlining Act
  • Subdivision Map Act
  • Clean Water Act
  • Endangered Species Act
  • Updating Existing Entitlements

This class is offered pending approval for MCLE and American Planning Association continuing education credits.

William Abbott is a long time practitioner in land use and CEQA law at Abbott & Kindermann, LLP. Kate Hart is senior counsel at Abbott & Kindermann and a practitioner in land use and CEQA law, and has served as a member and chair of the Regional Water Quality Control Board for the Central Valley. 

Click here to complete the registration form or call (916) 456-9595 to make your reservation. 

Cost $75.00

 Locations and Times 

Roseville – June 5, 2013, 8:30-11:30 a.m.

[5/23-Update – The Roseville class is full, please select one of the other three locations.]

Courtyard Marriott – Roseville, 401 Creekside Ridge Court, Roseville, CA 95678

Fairfield – June 5, 2013, 1:30-4:30 p.m.

Courtyard by Marriott – Fairfield, 1350 Holiday Lane, Fairfield, CA 94534

Manteca – June 12, 2012, 8:30-11:30 a.m.

Hampton Inn & Suites – Manteca, 1461 Bass Pro Drive, Manteca, CA 95336

Pleasanton – June 12, 2013, 1:30-4:30 p.m.

Residence Inn by Marriott – Pleasanton, 11920 Dublin Canyon Road, Pleasanton, CA 94588

Diane G. Kindermann Henderson will be teaching a class for Lorman Education Services on CEQA. This California Environmental Quality Act Seminar will be held on June 26, 2013, in Sacramento, California. It will provide a foundation in CEQA and the latest case law plus statutory and policy updates. For more information and to register for this event, please click here www.lorman.com/ID391391.

By William W. Abbott

Three recent cases land at the periphery of the zone of interest for land use practitioners. While not warranting an exhaustive review, these decisions can and should be slated away for potential future use.

Continue Reading A Trifecta Of Outliers: Three Cases On The Outer Edges Of Land Use And Environmental Practice