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By Katherine J. Hart

This case addresses the issue of whether or not the legal effect of a notice of determination (“NOD”) in establishing a 30-day statute of limitations is absolute as to any and all CEQA based claims. In the opinion of the Court of Appeal, 6th appellate district, claims alleging that the agency failed to conduct environmental review but should have are governed by a separate 180-day limitation period.
Continue Reading Notice of Determination’s Thirty-Day Statute of Limitations May Not Apply to All CEQA Claims

By Cori Badgley

On April 16, 2008, the United States District Court for the Eastern District of California issued an opinion in Pacific Coast Federation of Fishermen’s Associations v. Gutierrez (Case No. 1:06-cv-00245) that invalidated portions of the 2004 biological opinion (“BiOp”) issued by the National Marine Fisheries Service (“NMFS”) for the Long-Term Central Valley Project and State Water Project Operations Criteria Plan (“2004 OCAP”).
Continue Reading California’s Water Supply Potentially Endangered by Invalid Biological Opinion

Bill Abbott, a partner with the firm, will be speaking at the UC Davis Extension Growth Management: Practical and Legal Strategies course on June 19, 2008. This seminar will address the practical and legal considerations you need to know when considering local growth management strategies, as well as the operational aspects of implementing growth management…

By Janell M. Bogue

You wouldn’t think that a simple, wooden fence would create enough controversy to fuel an extensive administrative process, a trial court case, and an appeal to the California Court of Appeal, Second Appellate District. However, in the case of Committee to Save the Hollywoodland Specific Plan and Hollywood Heritage v. City of Los Angeles (2008) 2008 Cal.App.Lexis 501, that is exactly what happened.
Continue Reading Good Fences Make Good Neighbors but Bad Fences Make Appellate Opinions

By William W. Abbott

In the opinion of the California Court of Appeal, Second Appellate District, (California Water Impact Network v. Newhall County Water Dist., (2008) Cal.App.LEXIS 554) a Water Supply Assessment (“WSA”) is like a traffic impact study: by itself it is not subject to legal review except in the context of a lawsuit challenging the CEQA document.
Continue Reading District’s Water Supply Assessment is Not Subject to Third Party Lawsuit Except in a Legal Challenge to the EIR

Diane Kindermann Henderson will be speaking at the Northstate Building Industry Association Seminar regarding the Clean Water Act: 404 permitting Workshop on May 20, 2008.  This seminar was originally scheduled for March 25, 2008. The workshop will be held at the Maidu Community Center, 1550 Maidu Drive, in Roseville, CA. For more information including RSVP details, go…

Rob Hofmann, an associate with Abbott & Kindermann, will be speaking at the Lorman Boundary Law Issues in California seminar on June 11, 2008. This seminar will include a discussion on the rules for establishing boundaries, typical boundary conflicts, as well as strategies for litigating boundary disputes. For more information, including RSVP details visit the…

By William W. Abbott

The case of Brewer v. Murphy (Court of Appeal, Fifth Appellate District, Case No. F051700) involved three riparian owners and a dispute over a spring box and pipeline. The riparian owners are listed here in order from the lower riparian to the upper riparian: Brewer, Hagg and Murphy/Klein. In 1979, Brewer acquired property in eastern Fresno County. The source of water was a spring box on property owned by Murphy/Klein’s predecessor, located roughly one mile away. When Murphy (and later Klein, who acquired a part interest from Murphy) took title, neither was actually aware of the spring box or pipeline.
Continue Reading Open Hostility: Validating Prescriptive Easements

Diane Kindermann Henderson, a partner at the firm, will be speaking at the Lorman Advanced CEQA Workshop: Critical Issues Update on June 20, 2008. This seminar will include a discussion on the framework for success in managing the environmental review process; preparing or reviewing CEQA documents; and addressing complex, practical issues. For more information, including…