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

By Leslie Z. Walker

The Bay Area Air Quality Management District (“BAAQMD”) was scheduled to be the first air district in the state to adopt quantitative as well as qualitative thresholds of significance for greenhouse gas emissions in January of 2010, but instead has delayed the decision until April of 2010. According to BAAQMD, the delay is to “provide more time for staff to meet with local governments, further develop analysis tools, and conduct trainings on applying the CEQA Guidelines.”

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From the quick fix solutions for the Delta to CEQA analysis on mitigation deferral, impact fees and the feasibility of alternatives, to the scope of the Corps permitting authority, the following legislation, regulations, and cases from 2009 (listed first by type of document, then in chronological order) will have the most impact on water supply, water quality, and land use and entitlement practice (e.g., development) in California in the coming years. And remember, you read it here first!

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Abbott & Kindermann’s Annual Land Use, Real Estate, and Environmental Law Update

Reserve your seat for one of three seminars taking place in 2010!

In January and February 2010 Abbott & Kindermann, LLP will present its annual complimentary educational program for clients and colleagues interested in current land use, environmental, and real estate issues affecting commercial and residential development, real estate acquisition, easements, leasing and property acquisition, and mining.  In addition, the following hot topics for 2010 will be discussed:

• Global Warming: CEQA Guidelines, Mandatory Reporting
• Water Supply Legislation
• CEQA Litigation: Alternative Analysis & Exhaustion of Administrative Remedies
• Subdivision Map Extension
• Interpreting Development Agreements
• Endangered Species Act

Abbott & Kindermann, LLP will be presenting its annual program at three California locations: Sacramento, Modesto and Redding. Details for the seminars are below. We hope you can join us and look forward to seeing you there.

Modesto Conference

• Date: Thursday, January 21, 2010
• Location: Double Tree Hotel Modesto, 1150 Ninth Street
• Registration: 12:30 p.m. – 1:00 p.m.
• Program: 1:00 p.m. – 4:00 p.m.

Redding Conference 

• Date: Thursday, January 28, 2010
• Location: Hilton Garden Inn Redding , 5050 Bechelli Lane
• Registration: 12:30 p.m. – 1:00 p.m.
• Program: 1:00 p.m. – 4:00 p.m.

Sacramento Conference

• Date: Friday, February 12, 2010
• Location: Sacramento Hilton Arden West, 2200 Harvard Street
• Registration: 8:30 a.m. - 9:00 a.m. with continental breakfast
• Program: 9:00 a.m. - 12:00 noon

There is no charge for the programs and MCLE and AICP CM credits are available.

An RSVP will be required as space is limited. To reserve a spot, call our office at (916) 456-9595. When calling, please specify which conference you will be attending.

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By Leslie Z. Walker

More than three years after the State’s initial request, the United States Environmental Protection Agency (“US EPA”) granted California’s request for a waiver to allow the state to enforce its greenhouse gas (“GHG”) emission standards for new motor vehicles.  The waiver, coincidentally granted as the nation’s largest automaker works its way through bankruptcy court, allows the regulations developed by the California Air Resources Board (“CARB”) in response to Assembly Bill 1493 (Chapter 200, Statutes 2002) to take effect.  The regulations add four GHGs to California’s existing regulations and phase in emission standards for those gases.

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By Leslie Z. Walker

On April 17, 2009, the U.S. Environmental Protection Agency (“EPA”) released a proposed finding under Section 202 of the Clean Air Act (42 U.S.C. § 7521(a)(1)) that greenhouse gases in the atmosphere endanger the public health and welfare. (See Proposed Endangerment and Cause or Contribute Findings for Greenhouse Gases under the Clean Air Act.)

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By Glen Hansen

In Romoland School District v. Inland Empire Energy Center, LLC (9th Cir.Cal., Nov. 18, 2008, No. 06-56632) U.S.App. 23854, the United States Court of Appeals for the Ninth Circuit examined when the citizen suit provision of the Clean Air Act (“CAA”) may be used to halt construction of a power plant that was granted an integrated permit.

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