The Regents certified an EIR for a project aimed at reducing wildfire risk at UC Berkeley’s Hill Campus, located in the East Bay Hills. Environmental organizations filed suit, contending, relevant here, that the EIR included an inadequate project description. The
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CEQA Requires That An Infill Project Be Consistent With All Applicable General Plan Goals And Policies, A Less Flexible Application Of The Consistency Doctrine
(United Neighborhoods for Los Angeles v. City of Los Angeles (2023) 93 Cal.App.5th 1074)
CEQA’s infill exemption (Guidelines section 15332) is a very useful tool in the toolbox for streamlining CEQA review. This Guideline applies in cities and can be applied to sites up to five acres in size if substantially surrounded by urban development. …
An Agency’s Failure to Follow CEQA is Not a Defense to an Enforcement Action to Remove Encroachments
Posted in CEQA
(Anderson v. County of Santa Barbara (2023) 94 Cal.App.5th 554.)
It is not unusual in the non-urban parts of California for a property owner to install landscaping within a county right-of-way without ever securing an encroachment permit. In Santa Barbara County, like many jurisdictions, installing these improvements without County approval can be treated as a…
The Fifth Appellate District Holds Compliance with Housing Element Law Requires Establishing Zones Exclusively for Low-Income Housing
By Abbott & Kindermann, Inc. & Kara Anderson on
(Martinez v. City of Clovis (2023) 90 Cal.App.5th 193)
The California Court of Appeal, Fifth Appellate District affirmed the trial court’s ruling that City of Clovis (the “City”) did not substantially comply with the Housing Element Law (“Housing Element Law”).[1] In order to come into compliance with the Housing Element statute, the…
The Ninth Circuit Court of Appeals Held the City of Berkeley’s Prohibition of the Installation of Natural Gas Piping in New Construction is Preempted by Congress. (Cal. Restaurant Ass’n v. City of Berkeley (2023) 65 F.4th 1045.)
By Abbott & Kindermann, Inc., Patrick L. Enright & Kara Anderson on
Cal. Restaurant Ass’n v. City of Berkeley (2023) 65 F.4th 1045.
In the continued effort by cities to require all-electric infrastructure in new buildings, the City of Berkeley (“Berkeley”) adopted an ordinance that prohibited, with some exceptions, natural gas infrastructure in newly constructed buildings (“Ordinance”). Congress adopted the Energy Policy and…
The California Supreme Court Held Monterey County’s Prohibition of the Injection of Oil and Gas Wastewater into a Well for Underground Storage or Disposal is Preempted by Public Resources Code section 3106. (Chevron U.S.A. Inc. v. County of Monterey (2023) S271869.)
By Patrick L. Enright, Kara Anderson & Abbott & Kindermann, Inc. on
Chevron U.S.A. Inc. v. County of Monterey
California’s oil and gas operations are governed by Division 3 of the Public Resources Code (§ 3000 et seq.) and its implementing regulations (Cal. Code Regs., tit. 14, § 1712 et seq.). Division 3 addresses various aspects of oil and gas exploration and extraction, including notices of intent…
Abbott & Kindermann, Inc. Is Pleased To Announce That Two Of Its Attorneys Have Been Chosen For The 2023 California Super Lawyers List
Posted in A&K News, Uncategorized
Two Of Its Attorneys Have Been Chosen For The 2023 California Super Lawyers List…
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Emerging Issues in Evaluating Wildfire Impacts under CEQA: A Resource Guide
By William W. Abbott, Garrett Bergthold & Abbott & Kindermann, Inc. on
Emerging Issues in Evaluating Wildfire Impacts under CEQA: A Resource Guide…
Continue Reading Emerging Issues in Evaluating Wildfire Impacts under CEQA: A Resource Guide
Like A Phoenix Rising, A Recorded 1869 Subdivision Map Forms A Partial Foundation To Support The Creation Of Separate Legal Parcels In Later Transactions
Like A Phoenix Rising, A Recorded 1869 Subdivision Map Forms A Partial Foundation To Support The Creation Of Separate Legal Parcels In Later Transactions…
Continue Reading Like A Phoenix Rising, A Recorded 1869 Subdivision Map Forms A Partial Foundation To Support The Creation Of Separate Legal Parcels In Later Transactions
The First Appellate District Held City of Oakland’s Waterfront Ballpark District Project EIR Was Adequate Except For The Wind Mitigation Measure
By William W. Abbott, Patrick L. Enright & Abbott & Kindermann, Inc. on
The First Appellant District Held City of Oakland’s Waterfront Ballpark District Project EIR Was Adequate Except For The Wind Mitigation Measure …
Continue Reading The First Appellate District Held City of Oakland’s Waterfront Ballpark District Project EIR Was Adequate Except For The Wind Mitigation Measure