Photo of Abbott & Kindermann, Inc.

Abbott & Kindermann, Inc.

Subscribe to Abbott & Kindermann, Inc.'s Posts
Follow:Read more about Abbott & Kindermann, Inc.Jeaninne's Linkedin Profile

By Leslie Z. Walker

The alliances between homebuilders and conservation groups forged during the drafting of Senate Bill 375 unraveled around the Regional Greenhouse Gas Emission Reduction Targets for Automobiles and Light Trucks (“Targets”) adopted today by the California Air Resources Board (“CARB”). Despite the suffering building industry’s claims that the Targets are too ambitious, CARB unanimously voted to adopt the Targets. The Sustainable Communities and Climate Protection Act of 2008, Senate Bill 375, requires CARB to set targets for GHG reduction for 2020 and 2035 and further requires the 18 Metropolitan Planning Organizations (“MPOs”) include Sustainable Communities Strategies (“SCS”) to achieve these Targets in their Regional Transportation Plans.
Continue Reading CARB Adopts SB 375 Targets for GHG Reductions Despite Economic Concerns

The U.S. Court of Appeals for the Ninth Circuit denied Homebuilders attempt to constrain the designation of critical habitat under the Endangered Species Act.
Continue Reading U.S. Fish and Wildlife Service not Required to Predict the Point of Return for Critical Habitat under the Endangered Species Act

By Emilio Camacho & Leslie Walker

The County of Sacramento kicked off Phase 2 of the Climate Action Plan development at a workshop on Wednesday, August 25, 2010. Phase 2 will develop strategies to implement the Climate Action Plan (CAP), a comprehensive plan for becoming more resource efficient and reducing greenhouse gas (GHG) emissions, originally released in May 2009.
Continue Reading Sacramento County Climate Action Plan – Part Two

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 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.
Continue Reading Sacramento County Climate Action Plan Information Workshop

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

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