Land Use, Environmental, and Real Estate Law in California
By Diane G. Kindermann, William W. Abbott and Glen Hansen
Welcome to Abbott & Kindermann’s 2015 Third Quarter Environmental update. This update discusses selected litigation, regulations / administrative guidance and pending legislation, on both the federal and state levels, in the following general areas of environmental law: (A) Water Rights and Supply, (B) Water Quality, …
Join William Abbott of Abbott & Kindermann, LLP in a class which ties together best practices for land development projects. This is an advanced class aimed primarily at project managers, engineers, and development consultants. This intense, three hour class interprets and applies:
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By Diane Kindermann, William W. Abbott and Glen Hansen
Welcome to Abbott & Kindermann’s 2015 Mid-Year Environmental update. This update discusses selected litigation, regulations / administrative guidance and pending legislation, on both the federal and state levels, in the following general areas of environmental law: (A) Water Rights and Supply, (B) Water Quality, (C) Wetlands, (D) Air Quality and Climate Change, (E) Endangered Species, (F) Renewable Energy, (G) Hazardous Substance Control and Cleanup, (H) Mining / Oil & Gas, and (I) Environmental Enforcement.
Click Here to read the complete update.
If you have any questions about these court decisions, contact Diane Kindermann, William Abbott or Glen Hansen. The information presented in this article should not be construed to be formal legal advice by Abbott & Kindermann, LLP, nor the formation of a lawyer/client relationship. Because of the changing nature of this area of the law and the importance of individual facts, readers are encouraged to seek independent counsel for advice regarding their individual legal issues.Continue Reading 2015 MID-YEAR ENVIRONMENTAL LAW UPDATE
By Diane G. Kindermann
In a lengthy and unanimous reversal of the trial court on ESA and CEQA issues in Center for Biological Diversity v. California Department of Fish and Game, et al. (March 20, 2014, BS131347) ___ Cal.App.4th ___, the second appellate district, Division Five, roundly upheld the Department of Fish and Wildlife’s (“department”) certification of an environmental impact report (“EIR”) assessing the effects of a resource management plan, conservation plan, streambed alteration agreement and two incidental take permits, in tandem with approval of each plan and issuance of the associated incidental take permits. The EIR related to general planning and conservation steps resulting from Los Angeles County’s prior approval of a 12,000 acre specific plan and neighboring 1500 acre conservation area in Ventura County. In its textured opinion, the appellate court relied heavily on facts in the trial court record to perforate all arguments raised by the Plaintiffs and Respondents Center for Biological Diversity, Friends of the Santa Clara River, Santa Clarita Organization for Planning and the Environment, California Native Plant Society, and Wishtoyo Foundation/Ventura Coastkeeper.Continue Reading Appellate Court Shuts Out Trial Court in CEQA/ESA Double Header under Deferential Standard of Review
By Diane Kindermann, William W. Abbott, Glen Hansen and Katherine J. HartContinue Reading 2013 4th QUARTER ENVIRONMENTAL LAW UPDATE
The landmark Federal Endangered Species Act, approved in 1973 by huge margins in both the House and the Senate, turned 40 on December 31, 2013. If the ESA could speak it might say however, “I’m not 40, I am 18 with 22 years’ experience”.
The litmus tests of its success include: numbers of species brought…
In a 2-1 decision, the Ninth Circuit in Pacific Rivers Council v. United States Forest Service, ___ F.3d ___, 2012 U.S. App. LEXIS 12553 (9th Cir. 2012), rehearing and en banc rehearing denied, held that the National Environmental Protection Act requires that a programmatic environmental impact statement analyze environmental consequences of a proposed agency action as soon as it is “reasonably possible” to do so, even if the agency has not made a critical commitment of resources regarding any site-specific project.
Continue Reading Did The Ninth Circuit Disregard Its Precedent And Impose A Higher Degree Of Analysis On Programmatic Environmental Impact Statements?
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
In Sierra Forest Legacy v. Sherman, 646 F.3d 1161 (9th Cir. 2011), the Ninth Circuit Court of Appeals issued four separate opinions that, collectively, held that the U.S. District Court properly found that the 2004 Sierra Nevada Forest Plan Amendment and related Basis Project (“2004 Framework”) issued by the U.S. Forest Service did not violate the National Environmental Policy Act. However, when the District Court applied a 2007 amendment to the 2004 Framework retroactively, the District Court failed to properly determine whether the 2004 Framework violated the National Forest Management Act.
Continue Reading Ninth Circuit Issues Mixed Ruling Re NEPA and NFMA Challenges to 2004 Sierra Nevada Forest Plan Amendment
Abbott & Kindermann’s Annual Land Use, Real Estate, and Environmental Law Update
Reserve your seat for one of three seminars taking place in 2011.
In January and February 2011 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!
