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.
August 2007
Landmark Settlement in Global Warming Case
By Leslie Z. Walker
Attorney General Jerry Brown and the County of San Bernardino (“County”) have reached a landmark settlement in the state’s global warming suit against the County.
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Ninth Circuit Upholds Criminal Penalties for Modification of Intermittent Stream
By Leslie Z. Walker and Janell M. Bogue
Admonishing appellant for 20 years of blatant disregard for the Army Corps of Engineers (“Corps”) and the Clean Water Act (“CWA”), the Ninth Circuit upheld the Idaho district court’s verdict finding appellant criminally liable for violations of the Clean Water Act in U.S. v. Moses (Aug. 3, 2007, No. 06-30379) ___U.S. ___ [2007 U.S.App.LEXIS 18483].
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2007 Supplement to Exactions and Impact Fees in California
The authors of the Solano Press publication Exactions and Impact Fees in California have prepared a 2007 supplement to the book.
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Multiple Sequential NODs: Weapons of mass confusion for applicants and project opponents
By Glen C. Hansen
Due to increasing regulatory complexity, development projects may require multiple approvals, issued over an extended time period. Lead and responsible agencies frequently, but not always, file separate notices of determination (“NOD”) for each approval. When that happens, interested parties are challenged as to the optimal time period to file suit. In a multiple NOD scenario, a later filed petition will be considered under a less favorable standard of judicial review, which could lead to a very different outcome in the litigation. Such a result is illustrated by the recent case of Citizens For A Megaplex-Free Alameda v. City of Alameda (“Megaplex”) (March 29, 2007) 149 Cal.App.4th 91, review denied (Cal., June 27, 2007) 2007 Cal.LEXIS 6959.
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