Diane Kindermann Henderson, a partner at the firm, will be speaking at the North State BIA BUILD Recruit Workshop on September 19, 2008, in Roseville. Diane will be presenting an overview of recent 404 permitting case studies for BUILD members and BIA staff.
Diane Kindermann Henderson, a partner at the firm, will be speaking at the Lorman Seminar on Current Issues in Stormwater Regulation on August 27, 2008, in Redding. This seminar will involve a discussion on changes in Stormwater regulations including the permitting process, legal issues and the effects of Stormwater on the environment. For more information, including RSVP details visit the Lorman website.
Bill Abbott, a partner with the firm, will be speaking on the Subdivision Map Act for the City of Fortuna staff on June 20, 2008. This class will cover the Subdivision Map Act from exemptions to mergers and certificates of compliance.
Bill Abbott will also be speaking at the Lorman Real Estate Development From Beginning To End seminar on July 21, 2008, in Sacramento CA. This class will provide updated information on all aspects of real estate development, including subdivision and title review. For more information, including RSVP details, visit the Lorman website.
Every year the California American Planning Association (“APA”) gives a number of awards in various categories to individuals and projects exemplifying outstanding planning. Winners of the Sacramento Valley section will be submitted to the state for consideration for the statewide award.
Leslie Walker, an associate with Abbott & Kindermann, LLP is a member of this section’s awards committee, and will be responsible for the collection of the nominations for the 2008 planning awards. Nominations will be accepted until May 12, 2008. For more information on this program, including category details, qualifications, and nomination materials, go to the Sacramento Valley APA website.
Bill Abbott, a partner with the firm, will be speaking at the UC Davis Extension Growth Management: Practical and Legal Strategies course on June 19, 2008. This seminar will address the practical and legal considerations you need to know when considering local growth management strategies, as well as the operational aspects of implementing growth management measures. For more information, including enrollment details visit the UC Davis Extension website.
Diane Kindermann Henderson will be speaking at the Northstate Building Industry Association Seminar regarding the Clean Water Act: 404 permitting Workshop on May 20, 2008. This seminar was originally scheduled for March 25, 2008. The workshop will be held at the Maidu Community Center, 1550 Maidu Drive, in Roseville, CA. For more information including RSVP details, go to the Northstate BIA website.
Rob Hofmann, an associate with Abbott & Kindermann, will be speaking at the Lorman Boundary Law Issues in California seminar on June 11, 2008. This seminar will include a discussion on the rules for establishing boundaries, typical boundary conflicts, as well as strategies for litigating boundary disputes. For more information, including RSVP details visit the Lorman website.
Diane Kindermann Henderson, a partner at the firm, will be speaking at the Lorman Advanced CEQA Workshop: Critical Issues Update on June 20, 2008. This seminar will include a discussion on the framework for success in managing the environmental review process; preparing or reviewing CEQA documents; and addressing complex, practical issues. For more information, including RSVP details visit the Lorman website.
Bill Abbott, a partner at the firm, will be speaking at the Annual Land Use Law Review and Update class for staff at the Cal Trans Planning Division.
CEQA Alternatives
Save Round Valley Alliance v. County of Inyo (2007) 157 Cal.App.4th 1437
The Court of Appeal discussed two important CEQA topics: the evaluation of second-unit zoning and EIR alternatives. First, the court concluded that an impact analysis need not assume full build-out under second-unit zoning. Second, the court clarified the duty of inquiry and held that the lead agency must assess the feasibility of project alternatives. Read More
Uphold Our Heritage v. Town of Woodside (2007) 147 Cal.App.4th 587
The Court of Appeal upped the ante in evaluating economic feasibility for EIR alternatives for a project involving demolition of a historic structure. An evaluation of remodeling costs alone, without a comparison to new construction costs, was held insufficient as a basis to reject the feasibility of remodeling as an alternative. Read More
CEQA Water Supply Analysis
Vineyard Area Citizens for Responsible Growth, Inc. v. City of Rancho Cordova (2007) 40 Cal.4th 412
Few CEQA cases reach the California Supreme Court. Accordingly, it is noteworthy that the Court issued two decisions on CEQA issues in 2007. The more significant case, Vineyard Area Citizens, provides added extensive guidance on the interface between water supply and CEQA. The case also provides guidance on EIR recirculation. Read More
CEQA Impact Analysis
San Joaquin Raptor v. County of Merced (2007) 149 Cal.App.4th 649
Unlike residential or commercial development projects with somewhat predictable levels of activity (and in turn, environmental effects), mining projects involving rock, sand and gravel can vary widely based upon local economic conditions. San Joaquin Raptor examines the duty of the lead agency to also evaluate impacts associated with periodic or sustained peaks, and not just to rely upon historic averages. The decision also addressed deferred mitigation in the area of biological impacts. Read More
Global Warming
State of California v. County of San Bernardino, San Bernardino County Superior Court (filed Apr. 13, 2007)
In April California Attorney General Jerry Brown filed suit challenging the adequacy of the EIR for San Bernardino County’s General Plan. The Attorney General alleged that the EIR failed to comply with the requirements of CEQA in its analysis of greenhouse gas emissions, climate change, and diesel engine exhaust emissions. The parties reached a settlement that allows the updated General Plan to remain in effect, but requires that San Bernardino County amend the plan within the next 30 months. Read More
Alternative Approaches to Analyze Greenhouse Gas Emissions and Global Climate Change in CEQA Documents, Association of Environmental Professionals
In response to the lack of legislative or executive guidance on how to evaluate climate change impacts in CEQA documents, the Association of Environmental Professionals (“AEP”) prepared a paper suggesting seven different approaches to the problem. Read More
Physical Takings
Yamagiwa v. City of Half Moon Bay (N.D. Cal. 2007) 2007 U.S.Dist.LEXIS 22573
While compensation for regulatory takings remains elusive for California landowners, recovery of monetary damages for physical takings is established jurisprudence. In a stunning reminder of the physical/regulatory taking dichotomy, a federal court awarded over $36 million dollars in damages against the City of Half Moon Bay whose assessment district project created wetlands on private property. The plaintiff’s case was based on theories of inverse condemnation, trespass and nuisance. Read More
Indirect Regulation of Economic Competition
Hernandez v. City of Hanford (2007) 41 Cal.4th 279
On June 7, 2007, the California Supreme Court addressed head-on the issue of whether or not cities may use their planning and zoning powers to directly impact economic competition. This case affirmed the ability of cities to impact economic competition in a direct and intended manner because it allows just such an impact so long as the primary purpose of the zoning action is to achieve a valid public purpose and not simply to serve an impermissible anti-competitive private purpose. Read More
Draft Policy for Maintaining Instream Flows in Northern California Coastal Streams, State Water Resources Control Board (December 2007)
The SWRCB draft policy in instream flow was released on December 28, 2007, and the comment period will close on February 19, 2008. The draft policy will implement section 1259.4 of the Water Code, which was enacted in 2004. The policy only applies, however, if the site is within a specified geographic area and type of action. Read More
EPA and Corps Jointly Issue Rapanos Guidance
On June 5, 2007, the EPA and the Army Corps of Engineers jointly issued guidance consistent with the Supreme Court’s decision in Rapanos. This document is entitled “Clean Water Act Jurisdiction Following the U.S. Supreme Court’s Decision in Rapanos v. United States and Carabell v. United States. The issue in Rapanos was whether a wetland or tributary can be defined as a “water of the United States” and thus be subject to jurisdiction under the Clean Water Act. Because the Court issued five separate opinions, it was unclear whether certain types of waters were jurisdictional. The document establishes several categories of waters and discusses whether or not the agencies may assert jurisdiction. Read More
Endangered Species Rulings Reversed
On November 27, 2007, the U.S. Fish and Wildlife Service reversed seven rulings on endangered species that it found were improperly influenced by former Deputy Assistant Secretary of the Department of Interior Julie MacDonald. The review began after questions were raised concerning the scientific information used and whether the appropriate legal standards were followed. Read More
U.S. EPA Refuses to Grant California a Waiver under the Clean Air Act
Under Clean Air Act section 209(a), a state may not regulate motor vehicle emission standards. However, section 209(b) allows the Environmental Protection Agency to waive this limitation if the state adopted standards for the control of emissions prior to March 30, 1966, and the state finds its standards at least as protective of public health and welfare as the applicable federal standard. California applied to the EPA for such a waiver so that it could enforce its stricter vehicle emission standards. The EPA denied the request, asserting it wanted to avoid a piecemeal approach to the regulation. California joined by 15 other states filed suit challenging this decision in the U.S Court of Appeal for the Ninth Circuit. Read More
Exhaustion of Remedies
Schutte & Koerting, Inc. v. Regional Water Quality Control Board, San Diego Region (December 20, 2007) 2007 Cal.App.LEXIS 2146
The doctrine of exhaustion of local remedies requires that a petitioner appealing a governmental agency’s determination or order must exhaust all of the remedies available through that agency before appealing to the courts. The Court of Appeal, Fourth Appellate District has now made it easier for petitioners appealing a determination of a regional water quality control board to exhaust their local remedies. In Schutte & Koerting v. Regional Water Quality Control Board, San Diego Region (December 20, 2007) 2007 Cal.App.LEXIS 2146, the appellate court held that anyone appealing the determination or order of a regional board must only request a hearing before the State Water Resources Control Board in order to exhaust his or her local remedies. Read MoreDiane Kindermann Henderson, a partner with the firm, along with Glen Hansen, a senior associate with Abbott & Kindermann, will be speaking at the Sacramento Legal Secretaries Association regarding CEQA Part II: Litigation, on March 5, 2008. This “lunch lesson” seminar will be held at Downey Brand, 555 Capitol Mall, 10th Floor, in Sacramento. For more information including RSVP details, go to the SLSA website.
Diane Kindermann Henderson will also be speaking at the Northstate Building Industry Association Seminar regarding the Clean Water Act: 404 permitting Workshop on March 25, 2008. The seminar will be held at the Maidu Community Center, 1550 Maidu Drive, in Roseville, CA. For more information including RSVP details, go to the Lorman website.
Bill Abbott, a partner at the firm, will be speaking at the 22nd Annual UCLA Extension Land Use Law and Planning Conference at the Millennium Hotel in Los Angeles on January 25, 2008. RSVP by calling (310) 825-7885 or go to www.uclaextension.edu/index.cfm
Bill Abbott will also be speaking at the County Planning Conference "Abbott's Annual Planning Law Update," on February 8, 2008. Members of the California County Planning Director's Association can RSVP with the Association via Charles Gardner at (559) 591-2991. For hotel reservations call Embassy Suites, Sacramento, California, at (916) 326-5000.
Diane Kindermann, Kate Hart and Janell Bogue will be speaking at the Lorman Development Approval Process Seminar on February 13, 2008. This seminar will include a discussion on entitlements, application and development process, Subdivision Map Act and CEQA. For more information, including RSVP details visit the Lorman website.
Abbott & Kindermann, LLP again presents their annual 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, vineyard and winery development, and mining. Water quality and wetlands issues will also be covered. The focus will be on recent developments in case law, statutes and administrative regulations, and how these changes impact your daily business practices. Handouts will be available and there will be ample opportunity for questions.
Date: Thursday, January 24, 2008
Registration: 8:30 a.m. - 9:00 a.m. with continental breakfast
Program: 9:00 a.m. - 12:00 noon
Location: Sacramento Radisson, 500 Leisure Lane
There is no charge for this program and MCLE credit is available.
An RSVP will be required as space is limited. To reserve a spot now, call our office at (916) 456-9595
Abbott & Kindermann, LLP again presents their annual 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, vineyard and winery development, and mining. Water quality and wetlands issues will also be covered. The focus will be on recent developments in case law, statutes and administrative regulations, and how these changes impact your daily business practices. Handouts will be available and there will be ample opportunity for questions.
Date: Thursday, January 24, 2008
Registration: 8:30 a.m. - 9:00 a.m. with continental breakfast
Program: 9:00 a.m. - 12:00 noon
Location: Sacramento Radisson, 500 Leisure Lane
There is no charge for this program and MCLE credit is available.
An RSVP will be required as space is limited. To reserve a spot now, call our office at (916) 456-9595.
Congratulations to Abbott & Kindermann's newest associates, Leslie Z. Walker and Cori Badgley. Ms. Walker and Ms. Badgley both previously worked as a law clerks at the firm and we are delighted that they will be joining the firm as associates.
Additionally, we welcome Michelle Engel in her new role as a paralegal. Ms. Engel previously worked as a legal secretary for Diane Kindermann Henderson, and we are pleased that she will continue with Abbott & Kindermann.
Bill Abbott, a partner with Abbott & Kindermann, LLP, will present an update entitled "The Economy, The Environment, The Equity: Cases and Bills Affecting Planning, Zoning, and Development Laws (PZDL)" at the UCLA Extension Land Use Law and Planning Conference. This annual event will be held on Friday, January 25, 2008. For more information, visit the program website.
Abbott & Kindermann’s Annual Land Use, Real Estate, and Environmental Law Update
Abbott & Kindermann, LLP again presents their annual 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, vineyard and winery development, and mining. Water quality and wetlands issues will also be covered. The focus will be on recent developments in case law, statutes and administrative regulations, and how these changes impact your daily business practices. Handouts will be available and there will be ample opportunity for questions.
Date: Thursday, January 24, 2008
Registration:8:30 a.m. - 9:00 a.m. with continental breakfast
Program:9:00 a.m. - 12:00 noon
Location:Sacramento Radisson, 500 Leisure Lane
There is no charge for this program and MCLE credit is available.
An RSVP will be required as space is limited. To reserve a spot now, call our office at (916) 456-9595.
The authors of the Solano Press publication Exactions and Impact Fees in California are currently revising the 2001 version of the book and welcome suggestions for material to include in this updated edition. Suggestions may be emailed to wabbott@aklandlaw.com.
Additionally, the 2007 supplement for the book is available for free here.
Joel Ellinwood, AICP, senior associate at Abbott & Kindermann, LLP, will present two continuing legal education seminars at the Annual Meeting of the State Bar of California, September 27 – 30, 2007, in Anaheim, California.
Get to the Bottom Line: Development Economics for Real Estate Attorneys will be presented on Thursday, September 27 at 2:15 – 4:15. Joining Mr. Ellinwood on the panel will be Michael Kvarme, an attorney specializing in real estate finance; Aaron Gruen, a development economics and market research consultant and Jim Hurley, who has experience as both a developer and a major investment fund manager. The presentation is aimed at helping real estate attorneys gain a better understanding of how developers make a profit (or lose their shirts). Public and private sector attorneys will leave with insight into how to better service their clients.
Hidden Land Use Fees will be the topic of a provocative dialogue between Mr. Ellinwood and Adam U. Lindgren, City Attorney for the City of Rancho Cordova and co-author and editor of the CEB Publication, California Land Use Practice. The focus will be on how to best protect clients’ interests in coping with California’s chaotic and inefficient regulation of land use that drives up development time lines, costs and risk. The presentation will by on Sunday, September 30 from 10 am – noon.
Bill Abbott, a partner with the firm, will be speaking at the California Chapter of the American Planning Association Annual Meeting in San Jose. He will be involved in a session on Regional Transportation Mitigation Fees on Tuesday, October 2 at 1:30pm. More information about the meeting can be found at the CCAPA website.
Bill Abbott has been recognized again by the publishers of Law & Politics and San Francisco Magazine as a leading practitioner of land use law in Northern California. Bill has been selected each year from 2004-2007 based upon peer review by northern California attorneys. More information can be found at www.superlawyers.com.
The authors of the Solano Press publication Exactions and Impact Fees in California have prepared a 2007 supplement to the book. That supplement can be downloaded here.
Abbott & Kindermann, LLP is pleased to announce the addition of a new senior associate, Glen Hansen. Mr. Hansen has over thirteen years experience in state and federal court litigation, including appeals. His practice areas include land use, real estate and commercial transactions, corporate and partnership dissolutions, elections, government and employment law. He adds significant new depth to the firm across a broad spectrum of land use, real estate, business and governmental litigation, and dispute resolution.
His litigation experience includes reported appellate cases concerning toxic substance contamination and land use law (Beck Development Co. v. Southern Pacific Transportation Co. (1996) 44 Cal.App.4th 1160); initiative measures (Costa v. Superior Court (2006) 37 Cal.4th 986 and Senate of the State of California v. Jones (1999) 21 Cal.4th 1142 ); and Strategic Litigation Against Public Participation (SLAPP) motions to dismiss (Miller v. Filter (2007) 150 Cal.App.4th 652 and Witte v. Kaufman (2006) 141 Cal.App.4th 1201) – all of which can come into play within land use, environmental and development litigation.
Mr. Hansen is admitted to practice before the state courts and U.S. District Courts in California, the U.S. Ninth Circuit Court of Appeals, and the U.S. Supreme Court. He serves as a Dispute Resolution Conference pro-tem judge for the El Dorado Superior Court. Glen graduated with distinction from McGeorge School of Law, University of the Pacific.
By William W. Abbott
Citing "Exactions and Impact Fees in California" [1], the Third Appellate District ruled that the Subdivision Map Act (Gov. Code, §§ 66410 et seq.) 90-day statute of limitations trumped the longer Mitigation Fee Act (Gov. Code, §§ 66000 et seq.) timeline when reviewing a legal challenge to a subdivision map denial by the City of Chico. The case is Thomas Fogarty v. City of Chico (March 12, 2007) 2007 Cal.App.Lexis 339.
Continue Reading...Abbott & Kindermann’s Annual Land Use, Real Estate, and Environmental Law Update
Abbott & Kindermann, LLP again presents their annual 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, vineyard and winery development, and mining. Water quality and wetlands issues will also be covered. The focus will be on recent developments in case law, statutes and administrative regulations, and how these changes impact your daily business practices. Handouts will be available and there will be ample opportunity for questions.
Date: Thursday, January 18, 2007
Registration:8:30 a.m. - 9:00 a.m. with continental breakfast
Program:9:00 a.m. - 12:00 noon
Location:Sacramento Radisson
500 Leisure Lane
Sacramento, CA 95815
There is no charge for this program and MCLE credit is available.
An RSVP will be required as space is limited. To reserve your space now, call (916) 456-9595 and ask for Michelle.
Remember to reserve your spot for Abbott & Kindermann's Annual Land Use, Real Estate, and Environmental Law Update.
Date: Thursday, January 18, 2007
Registration:8:30 a.m. - 9:00 a.m. with continental breakfast
Program:9:00 a.m. - 12:00 noon
Location:Sacramento Radisson
500 Leisure Lane
Sacramento, CA 95815
There is no charge for this program and MCLE credit is available.
To reserve your space now, call (916) 456-9595 and ask for Michelle.
Abbott & Kindermann’s Annual Land Use, Real Estate, and Environmental Law Update
Abbott & Kindermann, LLP again presents their annual 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, vineyard and winery development, and mining. Water quality and wetlands issues will also be covered. The focus will be on recent developments in case law, statutes and administrative regulations, and how these changes impact your daily business practices. Handouts will be available and there will be ample opportunity for questions.
Date: Thursday, January 18, 2007
Registration:8:30 a.m. - 9:00 a.m. with continental breakfast
Program:9:00 a.m. - 12:00 noon
Location:Sacramento Radisson
500 Leisure Lane
Sacramento, CA 95815
There is no charge for this program and MCLE credit is available.
An RSVP will be required as space is limited. To reserve your space now, call (916) 456-9595 and ask for Michelle.
Diane Kindermann Henderson, with Diane Moore of Moore Biological Consultants, will be teaching a class entitled "Clean Water Act Section 404: Nationwide and Other Specialized Permits" for the North State Building Industry Association.
Topics covered will include specialized permits required under Section 404 of the Clean Water Act, the current Nationwide Permit Program, and other general permits and letters of permission. Attendees will also learn strategies for dealing with regulatory agencies in seeking permits.
The class will be held on November 14, 2006 at the Doubletree Hotel in Sacramento. For more information or to register, please contact Tara Hicks at the BIA.
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!
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. Please see the 2006 A Lot In Common flyer for complete information.
Bill Abbott was once again selected as a "Super Lawyer" by the Law & Politics publication 2006 Northern California Super Lawyers for his work as a land use attorney. Only five percent of Northern California attorneys are selected for this honor using a nomination system and rigorous peer review.
Joel Ellinwood recently published an article in the July/August 2006 issue of Cal Planner, the publication of the California Chapter of the American Planning Association. His article discusses CEQA streamlining and the recent case Wal-Mart Stores, Inc. v. City of Turlock. Download the article.
* Joel Ellinwood will be teaching a seminar on the Fundamentals of Real Estate Development on May 25, 2006. For more information, visit Sterling Education Services at http://www.sterlingeduation.com.
* Joel Ellinwood will also be teaching a seminar on the Framework for Success in Local Governmental Land Use Decisions in California on June 27, 2006. For more information, visit Lorman Education Services at http://www.lorman.com.
Along with Sierra Engineering Limited, San Andreas, California as development consultant, Bill Abbott served as land use counsel to Castle & Cooke Calaveras, Inc. for the recently approved Copper Mill project, a mixed use project located in Copperopolis, California. Robert Klousner of Planning Partners served as the CEQA consultant to the applicant, and Quad Knopf acted as peer advisor for the County of Calaveras.
The Court of Appeal, 4th District, recently affirmed EIR certification and project approval by Mariposa County for the Silvertip resort project located in Fish Camp, California. Bill Abbott represented the Board of Supervisors and the County in the administrative hearings, as well as the trial and appellate courts. Gene Smith and Quad Knopf were responsible for EIR preparation.
Diane Kindermann recently helped secure Sacramento-Yolo Port Commission approval of a $12 million bulk cement import and distribution facility at the Port of Sacramento in West Sacramento. The center could potentially double the port's annual cargo.
Joel Ellinwood and Bill Abbott assisted K. Hovnanian Forecast Homes, Inc. in final approval of contested Swainson's hawk mitigation, offsite sewer line improvements, and reimbursement and final map approval for the Schmidt Ranch project. The project is located in Galt.
Abbott & Kindermann, LLP, along with David Storer at Development Advisory Services, recently teamed up to secure City Council approval of a 230 lot subdivision in Porterville, California. Their efforts included convincing the City that a proposed emergency ordinance would not apply to the tentative map application previously deemed complete by the City.
Bill Abbott was recognized again by the publishers of Law and Politics and San Francisco Magazine as a leading practitioner in the field of land use law in Northern California.
Bill Abbott was also a finalist for the "Boss of the Year" award and was honored by the Sacramento Legal Secretaries Association.
Recently, Bill Abbott served as part of the development team with The Engineering Group for the recently approved Cielo Vista subdivision in Chico.
Congratulations to Abbott & Kindermann's newest associate, Elias E. Guzman. Elias previously worked as a law clerk at Abbott & Kindermann and we are delighted that he will be joining the firm as an attorney. You can read more about Elias' education and background at http://www.aklandlaw.com. Also, please welcome Rhonda Engel, who joined the firm on June 27 as a legal secretary.
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