Join William Abbott of Abbott & Kindermann, LLP in a 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                                                        

MCLE and American Planning Association continuing education credits offered, pending approval.

MCLE 3.0       CM 3.0

Cost $85.00 

Locations and Times

Roseville – November 5, 2015, 8:30-11:30 a.m. (To Register for the Roseville Location Click Here)

Holiday Inn Express – Roseville, 1398 E. Roseville Pkwy., Roseville, CA 95661                                                                                                  

Fairfield – November 17, 2015, 8:30-11:30 a.m. (To Register for the Fairfield Location Click Here)

Hilton Garden Inn – Fairfield, 2200 Gateway Court, Fairfield, CA 94533

 

By Diane Kindermann, William W. Abbott and Glen Hansen

Welcome to Abbott & Kindermann’s 2015 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) 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, 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.

Continue Reading 2015 MID-YEAR ENVIRONMENTAL LAW UPDATE

By Diane G. Kindermann

In a lengthy and unanimous reversal of the trial court on ESA and CEQA issues in Center for Biological Diversity v. California Department of Fish and Game, et al. (March 20, 2014, BS131347) ___ Cal.App.4th ___, the second appellate district, Division Five, roundly upheld the Department of Fish and Wildlife’s (“department”) certification of an environmental impact report (“EIR”) assessing the effects of a resource management plan, conservation plan, streambed alteration agreement and two incidental take permits, in tandem with approval of each plan and issuance of the associated incidental take permits. The EIR related to general planning and conservation steps resulting from Los Angeles County’s prior approval of a 12,000 acre specific plan and neighboring 1500 acre conservation area in Ventura County. In its textured opinion, the appellate court relied heavily on facts in the trial court record to perforate all arguments raised by the Plaintiffs and Respondents Center for Biological Diversity, Friends of the Santa Clara River, Santa Clarita Organization for Planning and the Environment, California Native Plant Society, and Wishtoyo Foundation/Ventura Coastkeeper.

Continue Reading Appellate Court Shuts Out Trial Court in CEQA/ESA Double Header under Deferential Standard of Review

The landmark Federal Endangered Species Act, approved in 1973 by huge margins in both the House and the Senate, turned 40 on December 31, 2013. If the ESA could speak it might say however, “I’m not 40, I am 18 with 22 years’ experience”.

The litmus tests of its success include: numbers of species brought back from extinction; improved outcomes for threatened species; and increased public awareness of species protection. Supporters and opponents of the ESA reach divergent conclusions on the accomplishments of the ESA, armed with contrasting numbers. Nevertheless, all viewpoints recognize that the government and landowners jointly continue to protect species and habitat areas on both public and private lands while allowing development to proceed. Perhaps the ESA really is only 18 with 22 years of experience, in need of a few more years to learn from it successes and failures.

The following articles provide two different perspectives of the ESA on its 40th birthday.

http://ens-newswire.com/2013/12/31/celebrating-40-years-of-endangered-species-act-success/

http://takingnote.blogs.nytimes.com/2013/12/31/the-law-that-saved-the-bald-eagle/?_r=2

Diane G. Kindermann Henderson 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 Glen C. Hansen

In a 2-1 decision in Pacific Rivers Council v. United States Forest Service, ___ F.3d ___, 2012 U.S. App. LEXIS 12553 (9th Cir. 2012), rehearing and en banc rehearing denied, the Court of Appeals for the Ninth Circuit held that the final supplemental environmental impact statement issued by the United States Forest Service in 2004 for the eleven Forest Plans for the Sierra Nevada Mountains (“Forest Plans”) complied with the National Environmental Protection Act (“NEPA”) as to the analysis of environmental consequences on amphibians, but did not comply with NEPA as to environmental impacts on fish. The majority and minority on the panel sharply disagree as to the amount of analysis that is required for programmatic environmental impact statements under NEPA in the Ninth Circuit where an agency has not made a critical commitment of resources regarding any site-specific projects.

Continue Reading Did The Ninth Circuit Disregard Its Precedent And Impose A Higher Degree Of Analysis On Programmatic Environmental Impact Statements?

By Glen C. Hansen

In re Consoidated Delta Smelt Cases, 2011 U.S. Dist. LEXIS 98300 (E.D. Cal. Aug. 31, 2011)

In 2008, the United States Fish and Wildlife Service (“FWS”) issued a biological opinion (“BiOp”) under section 7 of the Endangered Species Act that addressed the impacts of the coordinated operations of the federal Central Valley Project (“CVP”) and State Water Project (“SWP”) on a threatened fish known as the California delta smelt in the Sacramento San Joaquin Delta. The BiOp concluded that “the coordinated operations of the CVP and SWP, as proposed, are likely to jeopardize the continued existence of the delta smelt” and “adversely modify delta smelt critical habitat.”

Continue Reading In Operation Of Water Projects, Federal Agencies Enjoined From Implementing Delta Smelt Biological Opinion

By Glen C. Hansen

In Sierra Forest Legacy v. Sherman (9th Cir. 2011) 646 F.3d 1161, the United States Forest Service established management guidelines under the 2004 Sierra Nevada Forest Plan Amendment (“2004 Framework”) that govern 11.5 million acres of federal land in the Sierra Nevada region. Environmental groups and the State of California filed separate actions challenging the 2004 Framework under the National Environmental Policy Act (“NEPA”), and the environmental groups also challenged the 2004 Framework under the National Forest Management Act (“NFMA”). The parties cross-moved for summary judgment. The U.S. District Court (a) issued a summary judgment that was largely unfavorable to the plaintiffs; (b) issued a limited remedial order in favor of plaintiffs that required the Forest Service to prepare a supplemental environmental impact statement to remedy a NEPA error; and (c) denied plaintiffs’ request to enjoin implementation of the 2004 Framework in the interim.

Continue Reading Ninth Circuit Issues Mixed Ruling Re NEPA and NFMA Challenges to 2004 Sierra Nevada Forest Plan Amendment

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

Reserve your seat for one of three seminars taking place in 2011.

In January and February 2011 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 2011 will be discussed:

  • Global Warming: CEQA Guidelines, Mandatory Reporting, AB 32 
  • Water Supply Assessments
  • CEQA Litigation: Exemptions, Setting the Baseline, Alternative Analysis & Exhaustion of Administrative Remedies
  • Subdivision Map Extensions
  • Interpreting Development Agreements
  • Agricultural Land Mitigation
  • New General Permit Under Clean Water 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 20, 2011
  • 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: Tuesday, February 8, 2011
  • 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 11, 2011
  • 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.

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

Reserve your seat for one of three seminars taking place in 2011.

In January and February 2011 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 2011 will be discussed:

  • Global Warming: CEQA Guidelines, Mandatory Reporting, AB 32 
  • Water Supply Assessments
  • CEQA Litigation: Exemptions, Setting the Baseline, Alternative Analysis & Exhaustion of Administrative Remedies
  • Subdivision Map Extensions
  • Interpreting Development Agreements
  • Agricultural Land Mitigation
  • New General Permit Under Clean Water 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 20, 2011
  • 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: Tuesday, February 8, 2011
  • 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 11, 2011
  • 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.