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

Reserve your seat for one of three seminars taking place in 2012.

In January and February 2012 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.
Continue Reading REMINDER! Save the Date!

On December 13, the Office of Administrative Law approved and transmitted to the Secretary of State the regulations for the California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms (Cal. Code Regs., tit 17, §§ 95800 et seq.), (“Cap and Trade Regulations”) including Compliance Offset Protocols (“Offset Protocol”). One day later, OAL approved and filed with the Secretary of State revisions to Mandatory Reporting Requirements initially enacted in 2007 (“MRR”). The Cap and Trade Regulations, Compliance Offset Protocol, and MMR are central to implementing California’s Global Warming Solutions Act (AB 32, Health & Saf. Code, § 38500 et seq.) and will take effect on January 1, 2012.
Continue Reading Cap and Trade Regulations Approved and Transmitted; Preliminary List of Covered Entities Now Available

On December 15, 2011, Governor Brown will host an invitation only event on Climate Risks and California’s Future at the California Academy of Sciences in San Francisco. According to the Governor’s office, the conference will focus on the risks of unpredictable and extreme weather events caused by climate change and how our communities can prepare for…

The BIA challenged several provisions of the State Water Board’s newly adopted general NPDES construction permit. While a majority of their claims were denied and most of the permit provisions were upheld, the court struck down the newly imposed numeric effluent limits set for pH and turbidity.
Continue Reading SACRAMENTO TRIAL COURT STRIKES DOWN KEY PROVISIONS OF STATE WATER BOARD’S GENERAL NPDES CONSTRUCTION PERMIT

CEQA requires an analysis of the project on the environment, not the environment on the project. An EIR which examines all strategies for protection of cultural resources satisfies CEQA’s disclosure requirements. Finally, after a successful writ of mandate, opponents are limited to the legal issues in the court’s order, and do not have a second bite at the litigation apple.
Continue Reading 2nd Appellate District Again Holds That For The Purposes Of CEQA, It Is The Impact Of The Project On The Environment, Not The Other Way Around

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

Reserve your seat for one of three seminars taking place in 2012.

 

In January and February 2012 Abbott & Kindermann, LLP will present its annual complimentary educational program for clients and colleagues interested in current land use, environmental, and real estate issues…

Senate Bill 436 (SB 436) amends and adds provisions to the California Planning and Zoning Law regarding mitigation lands requiring state and local agencies to protect natural resources that are impacted by their own development projects and to require endowments for the protection of those protected lands. It also authorizes agencies to require endowments for mitigation lands set aside for private projects.
Continue Reading Legislative Update: Mitigation Chapter of Planning and Zoning Law is Amended and Expanded to Ensure the Proper Management of Protected Lands (SB 436)

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 and State Water Project on a threatened fish known as the California delta smelt in the Sacramento-San Joaquin Delta. The United States District Court for the Eastern District of California enjoined a provision of the BiOp that set a certain location in the Delta where a salinity standard had to be met, which location determined the level of water outflows from the Delta. The court stated: “The agencies still ‘don’t get it.’ They continue to believe their ‘right to be mistaken’ excuses precise and competent scientific analysis for actions they know will wreak havoc on California’s water supply.”…
Continue Reading In Operation Of Water Projects, Federal Agencies Enjoined From Implementing Delta Smelt Biological Opinion