February 2009

By Cori M. Badgley and Nathan Jones

In Shaw v. County of Santa Cruz (2008) 170 Cal.App.4th 229, a developer asserted that a temporary regulatory taking occurred when the County of Santa Cruz (“County”) improperly and unlawfully delayed granting a ministerial permit for electricity. After extensively analyzing the various regulatory takings tests, the Court of Appeal, Sixth Appellate District, held that no regulatory taking had occurred.

Continue Reading Delay in Granting Ministerial Electrical Permit is Not a Regulatory Taking

By Leslie Z. Walker

According to a Ninth Circuit decision in Natural Resources Defense Council v. U.S. EPA  (9th Cir. 2008) 542 F.3d 1235, once the EPA has published a determination that a particular activity is a pollution source, The EPA has a mandatory duty to publish Effluent Limitation Guidelines (“ELGs”) within three years of that determination under section 304 of the CWA.

Continue Reading EPA May Not Delist Pollution Sources

Diane Kindermann Henderson, a partner at the firm, will be speaking at the Sacramento Professional Environmental Marketing Association (“SacPEMA”) on February 17, 2009, at The Firehouse in Sacramento. Diane will be presenting an overview of land use and environmental law updates for the past year in the areas of water rights and supply, water quality, SMARA, hazardous substance control and cleanup, and wetlands. For more information, including RSVP details, please visit the SacPEMA website.

By Katherine J. Hart and Leslie Z. Walker

On February 9, 2009, the California Supreme Court held the State Water Resources Control Board (“Board”) did not violate the due process rights of the recipients of a proposed license revocation by refusing to disqualify the enforcement team because one or more members had advised the Board on other, unrelated issues. (Morongo Band of Mission Indians v. State Water Resources Control Board 2009 Cal. LEXIS 1009.)

Continue Reading No Conflict Between Prosecutorial and Advisory Positions

The Seminar Group will be hosting their Third Annual Owning and Operating a Winery conference on February 25th and 26th at the Napa Valley Marriott. Abbott & Kindermann, LLP is a co-sponsor of this event that will guide you through the Legal, Regulatory, Technical and Operational Issues involved in the successful management of wineries big and small. For more information, including RSVP details, go to the Seminar Group website

The Governors Office of Planning and Research, State Clearinghouse and Planning Unit announced that they will not be accepting CEQA documents for review or processing on the first and third Fridays of each month, now through June 30, 2010. This notice is in response to the state agency furlough ordered by the Governor which has required the State Clearinghouse to close their doors two days per month for the next year and a half.

As a result, CEQA review periods will be delayed, however the review periods that would typically end on the first and third Fridays will be extended to the following Monday. For more information, visit the State Clearinghouse website.

For those of you that missed the Sacramento and Modesto seminars last month, you can now reserve a seat for the first ever Abbott & Kindermann, LLP seminar in Redding, California.

On April 7,  2009, Abbott & Kindermann, LLP will presents it’s 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.  

First Ever – Redding Conference

  • Date: Tuesday, April 7, 2009
  • 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.

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

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

By William W. Abbott and Nathan Jones

According to leading lifestyle magazines, the status question is no longer: who is your architect, but: who is your land use attorney? And if you want to build your dream house along the coast, your attorney’s telephone number needs to be on your cell phone’s speed dial.

Continue Reading Dream Home Checklist: Architect, Contractor, Land Use Attorney