Companies lose the battle to erect billboards on freeways and supergraphic and off-site billboards.
Continue Reading Police Power Gives Cities Wide Discretion in Enforcing Billboard Bans
August 2010
TIMBER! The Silviculture Exemption for Logging Roads in the CWA is Felled
Stormwater runoff from logging roads that is discharged to navigable waters pursuant to a system of ditches, culverts, and channels requires an NPDES permit.
Continue Reading TIMBER! The Silviculture Exemption for Logging Roads in the CWA is Felled
Ninth Circuit Upholds Application of Percentage Methodology to Determine Whether There Has Been an Adverse Modification to Critical Habitat
The Ninth Circuit’s decision in this case put a new twist on the debate over what constitutes adverse modification to critical habitat by upholding a black and white mathematical percentage formula applied by FWS in its BO to determine whether critical habitat destruction jeopardized listed species or adversely impacted their critical habitat. In this case, FWS found that there was no adverse impact because the acreage of critical habitat was miniscule in relation to the amount of critical habitat available nationwide.
Continue Reading Ninth Circuit Upholds Application of Percentage Methodology to Determine Whether There Has Been an Adverse Modification to Critical Habitat
Sacramento County Climate Action Plan Information Workshop
Sacramento County released the general strategy component of its Climate Action Plan (“CAP”) in May of 2009. A workshop on Wednesday August 25, 2010 will focus on strategies for the implementation component of the CAP. The workshop will take place on August 25, 2010 at 3:00 p.m. in the Board of Supervisors Chambers at 700 H Street, Sacramento, California 95814. More information is available on Sacramento County’s Sustainability Web Page.
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Department of Water Resources is a “Person” for Purposes of the California Endangered Species Act
By Leslie Z. Walker
In a case with a curious procedural posture, the Court of Appeal, First Appellate District, ruled that the Department of Water Resources is a “Person” for the purposes of Fish and Game Code section 2080 and thus is prohibited from taking an endangered or threatened species under the California Endangered Species Act (Fish & Game Code, § 2050 et seq.) Kern County Water Agency v. Watershed Enforcers (2010) 185 Cal.App.4th 969.
Continue Reading Department of Water Resources is a “Person” for Purposes of the California Endangered Species Act
Arbitration Clause in Condominium Project CC&Rs Unenforceable in Construction Defects Action by Homeowners’ Association against Developer
By Glen Hansen
In Pinnacle Museum TowerAssn. v. Pinnacle Market Development (UC), LLC (D055422, July 30, 2010), 2010 Cal.App. LEXIS 1261, the California Court of Appeal for the Fourth Appellate District held that an arbitration provision in a declaration of covenants, conditions and restrictions (CC&R’s) recorded by a condominium project developer did not constitute an “agreement” sufficient to waive the constitutional right to jury trial for construction defect claims brought by the homeowners association against the developer.Continue Reading Arbitration Clause in Condominium Project CC&Rs Unenforceable in Construction Defects Action by Homeowners’ Association against Developer
The Adam Bros. Farming Saga Ends at the Ninth Circuit
For those of you that have followed the Adam Bros. Farming, Inc.’s continuous battle against the County of Santa Barbara for a faulty wetlands delineation, the battle has finally come to an end at the Ninth Circuit Court of Appeals.
Continue Reading The Adam Bros. Farming Saga Ends at the Ninth Circuit
Land Use Litigation Traps
An unknowing petitioner faces a potential dismissal in a land use case for failure to obtain and serve a summons (Subdivision Map Act) or failure to request and serve a request for a hearing (CEQA).
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William W. Abbott Recognized as Leading Practitioner of Land Use Law
William W. Abbott has been recognized again by the publishers of Law & Politics and San Francisco Magazine as a leading practitioner of Land Use & Zoning Law. Mr. Abbott has been selected each year from 2004-2010 based upon peer review by Northern California attorneys. The 2010 selection process also identified Mr. Abbott as one of…