Reserve your seat for one of four seminars taking place in early 2017.

In January 2017 Abbott & Kindermann, LLP will present its 16th annual educational program for clients and colleagues interested in current land use, environmental, and real estate issues affecting commercial and residential development, agriculture, real estate transactions, easements, mining and the construction materials production industry.  

A summary of 2016 case law and legislative updates includes the following hot topics for 2017:

  • Air Quality and Climate Change: including CEQA Guidelines and Mandatory Reporting
  • Mining
  • Updating Land Use Entitlements
  • Endangered Species
  • Water Quality and Wetlands
  • Water Rights and Supply
  • Cultural Resources
  • Renewable Energy
  • Environmental Enforcement
  • Hazardous Substance Control and Cleanup
  • Timber Resources
  • CEQA:  Exemptions, Baseline, Greenhouse Gases and Climate Change
  • CEQA Litigation
  • Real Estate Acquisition and Development

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

Redding Conference  (To Register for the Redding Location Click Here)

Date: Wednesday, January 11, 2017

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  (To Register for the Sacramento Location Click Here)

Date: Friday, January 20, 2017

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

Modesto Conference  (To Register for the Modesto Location Click Here)

Date: Friday, January 27, 2017

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.

Napa Conference  (To Register for the Napa Location Click Here)

Date: Tuesday, January 31, 2017

Location: Embassy Suites, 1075 California Boulevard

Registration: 12:30 p.m. – 1:00 p.m.

Program: 1:00 p.m. – 4:00 p.m.

The registration fee for the program is $80.00. Please register early to reserve your seat. Select the links above to see registration details for each location, as they differ. MCLE and AICP CM credits are available (approval pending).

Please call (916) 456-9595 with any questions.

 

Alaska Oil & Gas Assn. v. Pritzker, ___ F.3d. ___, 2016 U.S. App. LEXIS 19084 (9th Cir., case nos. 14-35806, 14-35811, Oct. 24, 2016).

By Glen Hansen

In 2008, the Center for Biological Diversity (“CBD”) filed a petition requesting that the U.S. Secretary of Commerce list three “sea ice seal” species as endangered or threatened under the federal Endangered Species Act (“ESA”), 16 U.S.C. §§ 1531-44. The National Marine Fisheries Service (“NMFS”) concluded that the Okhotsk and Beringia distinct population segments (“DPS”) of the Pacific bearded seal subspecies were “likely to become . . . endangered species within the foreseeable future throughout . . . a significant portion of [their] range.” Plaintiffs Alaska Oil and Gas Association (“AOGA”), the State of Alaska, and North Slope Borough (collectively, “Plaintiffs”) filed separate lawsuits in the United States District Court for the District of Alaska challenging the listing decision. Plaintiffs alleged that the listing decision was not based on the “best scientific and commercial data available” in violation of 16 U.S.C. § 1533(b)(1)(A); that the population of bearded seals was plentiful; that a lack of reliable population data made it impossible to determine an extinction threshold; that NMFS’s use of predictive climate projections beyond 2050 were speculative; that NMFS had unreasonably “changed tack” from its previous Arctic sea-ice listing decisions; and that NMFS had failed to demonstrate a causal connection between the loss of sea ice and the impact of that loss to the Okhotsk and Beringia DPS’s viability.

The District Court granted summary judgment to Plaintiffs on their challenge to NMFS’s decision to list the Beringia DPS as a threatened species because NMFS’s long-term climate projections were volatile and the agency lacked data on the bearded seal’s adaptability and population trends, including “a specified time” at which the seal would reach an extinction threshold.  (Alaska Oil & Gas Ass’n v. Pritzker, No. 4:13-cv-18-RRB, 2014 U.S. Dist. LEXIS 101446 (D. Alaska, July 25, 2014).)  The District Court pointed out that “NMFS acknowledged that it lacks sufficient data on the resilience of bearded seals to cope with climatic changes; or to define an extinction threshold for bearded seals and assessing the probability of reaching that threshold within a specified time; and that, because the existing body of information regarding bearded seal population and trends was limited, additional studies were needed to understand the population dynamics and habitat of the bearded seal.” The District court added:

Troubling to this Court is that it does not appear from the Listing Rule that any serious threat of a reduction in the population of the Beringia DPS, let alone extinction, exists prior to the end of the 21st century.  Indeed, the Listing Rule itself concedes that, at least through mid-21st century, there will be sufficient sea-ice to sustain the Beringia DPS at or near its current population levels.  Indeed, with respect to the second half of the century it appears that no significant threat to the Beringia DPS is contemplated before 2090.  Even as to that date, NMFS acknowledges that it lacks any reliable data as to the actual impact on the bearded seal population as a result of the loss of sea-ice. Under the facts in this case, forecasting more than 50 years into the future is simply too speculative and remote to support a determination that the bearded seal is in danger of becoming extinct.

NMFS and CBD appealed the District Court decision. The Ninth Circuit reversed.

The Court of Appeals described the key issue on appeal as follows: “When NMFS determines that a species that is not presently endangered will lose its habitat due to climate change by the end of the century, may NMFS list that species as threatened under the Endangered Species Act?” The standard of review that the court applied in this case was significant because it required a “high threshold for setting aside agency action.” Specifically, the court stated that it “will affirm that action ‘so long as the agency “considered the relevant factors and articulated a rational connection between the facts found and the choices made.”’” The court ultimately held that, “[i]n light of the robustness of NMFS’s rulemaking process, as well as our highly deferential standard of review, we hold that NMFS’s final rule listing the Beringia DPS as threatened was not arbitrary or capricious, and its listing decision was supported by substantial evidence.”

The court described that “rulemaking process” and the “substantial evidence” in support of NMFS’ decision as follows:

NMFS established a Biological Review Team of eight marine mammal biologists, a fishery biologist, a marine chemist, and a climate scientist to review the status of the “best scientific and commercial data available” regarding bearded seals. NMFS solicited four scientists to conduct independent peer reviews of the Review Team’s report. … The review concluded that bearded seals generally prefer to hunt organisms found on the ocean floor. As a result, the seals prefer to congregate where non-contiguous sea ice floes appear over shallow water between 50 to 200 meters deep, and the seals avoid “unbroken, heavy, drifting ice or large areas of multi-year ice” located over deeper waters. The seals use ice floes to give birth (whelp) and to nurse their pups; to allow mothers close access to food sources while nursing; to enable their pups to gain experience with diving, swimming, and hunting away from their predators; to provide a location for males to attempt to attract females; and to provide a platform where male seals can rest while molting.  [¶] Using observational and predictive data from the Intergovernmental Panel on Climate Change’s (“IPCC”) Fourth Assessment Report, NMFS used six climate models to determine when the Beringia DPS’s sea ice habitat would degrade to such an extent that it would render the Beringia DPS endangered, and it made available for public review its methodology and data. … [¶] After considering thousands of comments to the proposed rule, NMFS extended the review period and sought additional independent peer reviews of the sections of the status review report that generated the greatest disagreement among peer reviewers–the timing and magnitude of climate change effects on the availability of sea ice in the Bering Sea. NMFS additionally updated its climate predictions to include studies published after the Proposed Listing Rule. NMFS also held public hearings in Anchorage, Barrow, and Nome to solicit comments.

The court continued:

Having concluded that the availability of sea ice in shallow water was crucial to the Beringia DPS’s viability, NMFS evaluated several climate models to determine the magnitude and timing of climate change’s impact on the availability of sea ice in areas inhabited by the Beringia DPS.  … [¶][¶] …The IPCC’s climate models for 2050 to 2100, showed greater volatility, and thus less reliable predictive value, in the Arctic. And so NMFS used two models considered to be particularly reliable with respect to Arctic sea ice, and it used “medium” and “high” emissions scenarios to project monthly sea ice concentrations between March and July for each decade, beginning in 2025 and ending in 2095. After confirming the models’ accuracy, NMFS applied each to the areas occupied by the Beringia DPS to determine the range of temperatures per month from 2050 to 2100, and used those temperature projections to determine the impact of local warming on sea ice melt. NMFS’s projections demonstrated that by May and June 2050, there would be no sea ice in the Bering Strait, the East Siberian Shelf, or the Barents or Bering Seas.  By July 2050, sea ice would recede to less than 20% of the mean or disappear entirely from the Beaufort, Chukchi, and East Siberian seas. Most dramatically, by the time NMFS sought a second round of public comment on its climate projections, sea ice scientists published research indicating there would be “[a] nearly sea ice free summer Arctic by mid-century.”

Plaintiffs argued that NMFS used climate models that cannot reliably predict the degree of global warming beyond 2050 or the effect of that warming on a subregion, such as the Arctic.  However, the court explained that in earlier cases “we adopted the D.C. Circuit’s holding that the IPCC climate models constituted the ‘best available science’ and reasonably supported the determination that a species reliant on sea ice likely would become endangered in the foreseeable future.”  Here, the court explained, “NMFS provided ample evidence of significant sea ice loss from 2007 to 2050, a period in which specific data supports the IPCC climate projections. Those projections indicate that during months in which bearded seals used that ice for ‘critical life events’ such as mating, birthing, and nursing, most Beringia DPS habitats will have lost most, if not all, of their sea ice. … NMFS’s projections for the second-half of the century are also reasonable, scientifically sound, and supported by evidence.”

In response to the District Court’s conclusion about agency speculation, the Ninth Circuit stated that the ESA “does not require NMFS to base its decision on ironclad evidence when it determines that a species is likely to become endangered in the foreseeable future; it simply requires the agency to consider the best and most reliable scientific and commercial data and to identify the limits of that data when making a listing determination.”  The appellate panel rejected what it called the District Court’s “request for unobtainable, highly specified data would require NMFS to wait until it had quantitative data reflecting a species’ decline, its population tipping point, and the exact year in which that tipping point would occur before it could adopt conservation policies to prevent that species’ decline.”  The court explained that “the ESA does not require an agency to quantify population losses, the magnitude of risk, or a projected ‘extinction date’ or ‘extinction threshold’ to determine whether a species is ‘more likely than not’ to become endangered in the foreseeable future.”  In this case, the court concluded, “NMFS has demonstrated that it ‘considered the relevant factors and articulated a rational connection between the facts found and the choices made.’ That is all the ESA requires.”  Accordingly, the Ninth Circuit reversed the District Court’s grant of summary judgment in favor of Plaintiffs.

Comment:

The case could have far-reaching results. Using unequivocal – but politically controversial – language to describe climate change issues, the Court of Appeal stated:  “There is no debate that temperatures will continue to increase over the remainder of the century and that the effects will be particularly acute in the Arctic. The current scientific consensus is that Arctic sea ice will continue to recede through 2100, and NMFS considered the best available research to reach that conclusion.” (Emphasis added.) An attorney for the state of Alaska noted: “If this opinion stands, [NMFS] would list a species that is abundant and in good health based on the claim that climate change will impact habitat over the next 100 years and may cause harm.”

Like the District Court in this case, numerous other courts and judges have deemed long-range climate change projections as too speculative. (See e.g., Coalition for Responsible Regulation, Inc. v. EPA, 2012 U.S. App. LEXIS 25997 at *42, den. reh’g en banc (D.C.Cir., case no. 09-1322, Dec. 20, 2011)(J. Brown, dissenting) [“any harm to human health and welfare flowing from  climate change comes at the end of a long speculative chain”]; Center for Biological Diversity v. U.S. Dept. of the Interior, 563 F.3d 466, 478, (D.C. Cir. 2009) (holding that the plaintiffs’ concern that “significant adverse effects of climate change ‘may’ occur at some point in the future” was insufficient to constitute an “actual, imminent, or ‘certainly impending injury’ required to establish standing”);  Oceana, Inc. v. Pritzker, 125 F.Supp.3d 232, 351 (D.D.C. 2015) [as to impacts on a population of sea turtles, NMFS admitted that “[l]onger-term effects of the fishery and climate change . . . are speculative and difficult to extrapolate beyond ten years”]; Alliance for the Wild Rockies v. Austin, 55 F.Supp.3d 1294, 1309 (D.Mont. 2014) [“Very generally, the Fish & Wildlife Service determined that the potential effects of climate change on the North American wolverine population are too speculative at this time to warrant listing pursuant to the factors in 16 U.S.C. § 1533(a)(1)(A)-(E)”].)  However, the Ninth Circuit now appears to have changed that analysis with this declaration in this case:  “The fact that climate projections for 2050 through 2100 may be volatile does not deprive those projections of value in the rulemaking process.”  As a staff attorney for CBD stated, “This legal victory is likely to have major implications for many other climate-threatened species.”  The implications of the Ninth Circuit’s position for future agency decisions in the areas of environmental, land use and natural resources law could be significant.

Glen Hansen is Senior Counsel at Abbott & Kindermann, LLP.  For questions relating to this article or any other California land use, real estate, environmental and/or planning issues contact Abbott & Kindermann, LLP at (916) 456-9595.

The information presented in this article should not be construed to be formal legal advice by Abbott & Kindermann, LLP, or the formation of a lawyer/client relationship. Because of the changing nature of this area of the law and the importance of individual facts, readers are encouraged to seek independent counsel for advice regarding their individual legal issues.

 

Mark your calendar – registration for Abbott & Kindermann’s 16th Annual Land Use, Real Estate, and Environmental Law Update will open on October 18, 2016.

In January 2017 Abbott & Kindermann, LLP will present its 16th annual educational program for clients and colleagues interested in current land use, environmental, and real estate issues affecting commercial and residential development, agriculture, real estate transactions, easements, mining and the construction materials production industry.  

A summary of 2016 case law and legislative updates includes the following hot topics for 2017:

  • Air Quality and Climate Change: including CEQA Guidelines and Mandatory Reporting
  • Mining
  • Updating Land Use Entitlements
  • Endangered Species
  • Water Quality and Wetlands
  • Water Rights and Supply
  • Cultural Resources
  • Renewable Energy
  • Environmental Enforcement
  • Hazardous Substance Control and Cleanup
  • Timber Resources
  • CEQA:  Exemptions, Baseline, Greenhouse Gases and Climate Change
  • CEQA Litigation
  • Real Estate Acquisition and Development

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

Redding Conference 

Date: Wednesday, January 11, 2017

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, January 20, 2017

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

Modesto Conference 

Date: Friday, January 27, 2017

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.

Napa Conference 

Date: Tuesday, January 31, 2017

Location: Embassy Suites, 1075 California Boulevard

Registration: 12:30 p.m. – 1:00 p.m.

Program: 1:00 p.m. – 4:00 p.m.

The registration fee for the program is $80.00. MCLE and AICP CM credits are available (approval pending).

Please call (916) 456-9595 with any questions.

 

By Diane G. Kindermann, William W. Abbott, Glen Hansen, Brian Russell and Dan Cucchi

Welcome to Abbott & Kindermann’s 2016 Mid-Year Environmental update. This update discusses selected litigation, regulations / administrative guidance and pending legislation, on both the federal and state levels, in the following general areas of environmental law: (A) Water Rights and Supply, (B) Water Quality, (C) Wetlands, (D) Air Quality and Climate Change, (E) Endangered Species, (F) Renewable Energy, (G) Hazardous Substance Control and Cleanup, (H) National Environmental Protection Act, and (I) Mining / Oil & Gas.

Click Here to read the complete update.

 

If you have any questions about these court decisions, contact Diane Kindermann, William Abbott or Glen Hansen. The information presented in this article should not be construed to be formal legal advice by Abbott & Kindermann, LLP, nor the formation of a lawyer/client relationship. Because of the changing nature of this area of the law and the importance of individual facts, readers are encouraged to seek independent counsel for advice regarding their individual legal issues.

 

Bay Area Citizens v. Association of Bay Area Governments (2016) 248 Cal.App.4th 966.

By William W. Abbott

In a case perhaps driven primarily by philosophical considerations, the Court of Appeal (First Appellate District) upheld ABAG’s Sustainable Communities plan (the “Plan”), adopted under the authority of SB 375 (Steinberg).  SB 375, adopted in 2008, created a framework for linking transportation investment and land use planning in a manner to move the state closer to its targeted reduction in greenhouse gas emissions by passenger vehicles and light trucks. The heavy lifting under SB 375 is by the regional planning agencies, in this case Association of Bay Area Governments (“ABAG”) in consultation with the California Air Resources Board (“CARB”) as it discharges its responsibilities developing and implementing the State Scoping Plan.

In response to the targets set by CARB, ABAG developed and released a Draft Plan. The Plan identified land use and transportation strategies believed to meet the required per capita reductions. These strategies included land use intensification around transit corridors. Ultimate implementation of the strategies would rest with the individual cities and counties as the ABAG Plan did not directly control land use decisionmaking. ABAG prepared an EIR to go with the Draft Plan. The EIR evaluated (a) the Plan’s ability to meet the regional SB 375 generated targets, (b) anticipated changes in greenhouse emissions (direct and indirect) by 2040, and (c) compliance with the Executive Orders (S-3-05 and B-16-2012). With respect to the first analysis (meeting the regional targets), the EIR excluded any benefits from the Pavley I legislation and low carbon fuel requirements, whereas Pavley I and low carbon adjustments were factored into the analysis for the second and third evaluations.  ABAG submitted its Draft Plan to CARB for technical review as provided for by SB 375, and CARB approved the methodology.

Bay Area Citizens was critical of the Draft Plan along with the EIR, and offered its own alternative. Citizens claims included the argument that the Plan had to account for reductions from Pavley I and low carbon fuels and that ABAG should have considered its alternative which avoided “draconian” land use and transportation strategies. Dissatisfied with the Plan and EIR, Citizens following adoption filed a petition for writ of mandate challenging the adoption. The trial court denied relief as did the appellate court.

The appellate decision is quite detailed, setting forth the full regulatory structure for the adoption of the regional plans, including CARB’s role. Citizen’s primary attack dealt with the role of reductions from Pavley I and low carbon fuels. As the court noted, the regional targets for reductions are separate and distinct from the reductions taken under the Scoping Plan for Pavley I and low carbon fuels. The appellate court agreed with ABAG that factoring Pavley I and low carbon into the regional targets would result in double counting. As most of Citizen’s arguments were tied to its fundamental attack regarding exclusion of Pavley I and low carbon fuels into the regional targets, the appellate court rejected those as well.

Although the appellate decision is mostly dedicated to SB 375, Citizens also challenged the EIR. Its first argument challenged the project description, reintroducing the theme that Pavley I and low carbon should have been factored in as part of the project description. The appellate court readily disposed of this argument, reciting that the seven identified goals for the Plan were sufficiently broad and appropriately linked to SB 375. The appellate court then turned to Citizens’ challenge to the EIR’s alternatives. Citizens first argued that the No Project alternative was required to reflect the benefits of other state programs (notably Pavley I and low carbon fuels) which largely centered upon an argument that the EIR should have included the Citizen’s alternative. Again, the appellate court disagreed noting that the targets in greenhouse gas reduction and climate change from the Plan were developed independent from and were additive to the anticipated benefits of Pavley I and low carbon fuels. The appellate court also determined that the Pavley II impacts were not known until too late in the EIR process and therefore were not required to be reflected in the EIR. Citizens also argued that the EIR was required to review its plan as an alternative, suggesting that its plan would have met basic project objectives without the secondary effects of higher density development. The court rejected this argument finding that the EIR included a reasonable range of alternatives and that Citizens had failed to demonstrate any shortcomings against that legal standard. Citizens last argument was a variation on the same theme: because the Agency failed to account for the benefits of Pavely I and low carbon fuels, the Agency failed to adequately respond to the Citizens comments as to those issues. Again noted the appellate court, the Citizens had it wrong.

Finally, as an independent ground to uphold the EIR, the Court agreed with amicus California Attorney General that the EIR was a full disclosure document. The document was clear when and where it relied upon Pavley I and low carbon fuels, and that the challengers failed show why more analysis was required. Essentially then, Citizens challenge was to the wisdom of the Plan itself, essentially at its best that the Plan did more than the minimum to meet the law.  In the end, a challenge to the wisdom of the Plan was not a CEQA challenge.

William W. Abbott is a partner at Abbott & Kindermann, LLP. For questions relating to this article or any other California land use, real estate, environmental and/or planning issues contact Abbott & Kindermann, LLP at (916) 456-9595.

The information presented in this article should not be construed to be formal legal advice by Abbott & Kindermann, LLP, nor the formation of a lawyer/client relationship. Because of the changing nature of this area of the law and the importance of individual facts, readers are encouraged to seek independent counsel for advice regarding their individual legal issues.

 

By William W. Abbott

Well, it has been a long time since I took my high school civics class. While I have forgotten far more than I remember, the distinct responsibilities allocated between the legislative branch and the executive branch remain deeply embedded in my memory. In the recent debate concerning the State’s attempt to curb greenhouse gas emissions, legal practitioners have voiced questions concerning how far governors can go in pushing the state forward and reigning in greenhouse gas emissions. That concern was recently addressed by the Legislature’s chief lawyer who expressed the office’s opinion that Governor Brown has gone too far. (link to opinion http://cssrc.us/sites/default/files/160422_LegCounselOpinion_GGRF.pdf)  Unsurprisingly, the Air Resources Board dismissed the analysis (link http://hosted2.ap.org/CAANR/CA/Article_2016-04-21-CA–Greenhouse%20Gases-California/id-831c8307e6ea42acb7453b39d71e7312). Draw your own conclusion, but I prefer to take my legal advice from a lawyer.

William W. Abbott is a partner at Abbott & Kindermann, LLP. For questions relating to this article or any other California land use, real estate, environmental and/or planning issues contact Abbott & Kindermann, LLP at (916) 456-9595.

The information presented in this article should not be construed to be formal legal advice by Abbott & Kindermann, LLP, nor the formation of a lawyer/client relationship. Because of the changing nature of this area of the law and the importance of individual facts, readers are encouraged to seek independent counsel for advice regarding their individual legal issues.

 

Reserve your seat for one of four seminars taking place in early 2016.

In January and February 2016 Abbott & Kindermann, LLP will present its 15th annual educational program for clients and colleagues interested in current land use, environmental, and real estate issues affecting commercial and residential development, agriculture, real estate transactions, easements, mining and the construction materials production industry.  

A summary of 2015 case law and legislative updates includes the following hot topics for 2016:

  • Air Quality and Climate Change: including CEQA Guidelines and Mandatory Reporting
  • Mining
  • Updating Land Use Entitlements
  • Endangered Species
  • Water Quality and Wetlands
  • Water Rights and Supply
  • Cultural Resources
  • Renewable Energy
  • Environmental Enforcement
  • Hazardous Substance Control and Cleanup
  • Timber Resources
  • CEQA:  Exemptions, Baseline, Greenhouse Gases and Climate Change
  • CEQA Litigation
  • Real Estate Acquisition and Development

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

Modesto Conference  (To Register for the Modesto Location Click Here)

  • Date: Friday, January 22, 2016
  • 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.

Sacramento Conference  (To Register for the Sacramento Location Click Here)

  • Date: Friday, February 5, 2016
  • 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

Redding Conference  (To Register for the Redding Location Click Here)

  • Date: Tuesday, February 9, 2016
  • 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.

Napa Conference  (To Register for the Napa Location Click Here)

  • Date: Thursday, February 11, 2016
  • Location: Embassy Suites, 1075 California Boulevard
  • Registration: 12:30 p.m. – 1:00 p.m.
  • Program: 1:00 p.m. – 4:00 p.m.

The registration fee for the program is $80.00. Please register early to reserve your seat. Select the links above to see registration details for each location, as they differ. MCLE and AICP CM credits are available (approval pending).

Please call (916) 456-9595 with any questions.

Reserve your seat for one of four seminars taking place in early 2016.

In January and February 2016 Abbott & Kindermann, LLP will present its 15th annual educational program for clients and colleagues interested in current land use, environmental, and real estate issues affecting commercial and residential development, agriculture, real estate transactions, easements, mining and the construction materials production industry.  

A summary of 2015 case law and legislative updates includes the following hot topics for 2016:

  • Air Quality and Climate Change: including CEQA Guidelines and Mandatory Reporting
  • Mining
  • Updating Land Use Entitlements
  • Endangered Species
  • Water Quality and Wetlands
  • Water Rights and Supply
  • Cultural Resources
  • Renewable Energy
  • Environmental Enforcement
  • Hazardous Substance Control and Cleanup
  • Timber Resources
  • CEQA:  Exemptions, Baseline, Greenhouse Gases and Climate Change
  • CEQA Litigation
  • Real Estate Acquisition and Development

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

Modesto Conference  (To Register for the Modesto Location Click Here)

  • Date: Friday, January 22, 2016
  • 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.

Sacramento Conference  (To Register for the Sacramento Location Click Here)

  • Date: Friday, February 5, 2016
  • 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

Redding Conference  (To Register for the Redding Location Click Here)

  • Date: Tuesday, February 9, 2016
  • 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.

Napa Conference  (To Register for the Napa Location Click Here)

  • Date: Thursday, February 11, 2016
  • Location: Embassy Suites, 1075 California Boulevard
  • Registration: 12:30 p.m. – 1:00 p.m.
  • Program: 1:00 p.m. – 4:00 p.m.

The registration fee for the program is $80.00. Please register early to reserve your seat. Select the links above to see registration details for each location, as they differ. MCLE and AICP CM credits are available (approval pending).

Please call (916) 456-9595 with any questions.

 

Reserve your seat for one of four seminars taking place in early 2016.

In January and February 2016 Abbott & Kindermann, LLP will present its 15th annual educational program for clients and colleagues interested in current land use, environmental, and real estate issues affecting commercial and residential development, agriculture, real estate transactions, easements, mining and the construction materials production industry.  

A summary of 2015 case law and legislative updates includes the following hot topics for 2016:

  • Air Quality and Climate Change: including CEQA Guidelines and Mandatory Reporting
  • Mining
  • Updating Land Use Entitlements
  • Endangered Species
  • Water Quality and Wetlands
  • Water Rights and Supply
  • Cultural Resources
  • Renewable Energy
  • Environmental Enforcement
  • Hazardous Substance Control and Cleanup
  • Timber Resources
  • CEQA:  Exemptions, Baseline, Greenhouse Gases and Climate Change
  • CEQA Litigation
  • Real Estate Acquisition and Development

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

Modesto Conference  (To Register for the Modesto Location Click Here)

  • Date: Friday, January 22, 2016
  • 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.

Sacramento Conference  (To Register for the Sacramento Location Click Here)

  • Date: Friday, February 5, 2016
  • 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

Redding Conference  (To Register for the Redding Location Click Here)

  • Date: Tuesday, February 9, 2016
  • 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.

Napa Conference  (To Register for the Napa Location Click Here)

  • Date: Thursday, February 11, 2016
  • Location: Embassy Suites, 1075 California Boulevard
  • Registration: 12:30 p.m. – 1:00 p.m.
  • Program: 1:00 p.m. – 4:00 p.m.

The registration fee for the program is $80.00. Please register early to reserve your seat. Select the links above to see registration details for each location, as they differ. MCLE and AICP CM credits are available (approval pending).

Please call (916) 456-9595 with any questions.

 

By Diane G. Kindermann, William W. Abbott and Glen Hansen

Welcome to Abbott & Kindermann’s 2015 Third Quarter Environmental update. This update discusses selected litigation, regulations / administrative guidance and pending legislation, on both the federal and state levels, in the following general areas of environmental law: (A) Water Rights and Supply, (B) Water Quality, (C) Wetlands, (D) Air Quality and Climate Change, (E) Endangered Species, (F) Renewable Energy, (G) Hazardous Substance Control and Cleanup, (H) Mining / Oil & Gas, and (I) Environmental Enforcement.

Click here to read the complete update.

If you have any questions about these court decisions, contact Diane Kindermann or Glen Hansen. The information presented in this article should not be construed to be formal legal advice by Abbott & Kindermann, LLP, nor the formation of a lawyer/client relationship. Because of the changing nature of this area of the law and the importance of individual facts, readers are encouraged to seek independent counsel for advice regarding their individual legal issues.