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 By William W. Abbott

Griffith v. Pajaro Valley Water Mgt. Agency (October 14, 2013) ___ Cal.App.4th ___. 

The long saga of the groundwater augmentation strategy for Pajaro Valley in Santa Cruz County has reached its next, and possibly final stopping point. The underlying saga is a telltale forecast of what lies ahead for California, with the inevitable conflicts generated by resource allocation and management. In Griffith, the specific conflict stems from the intersection of groundwater management strategies designed in part to better manage water resources and to reduce saltwater intrusion with the citizen rights created by Proposition 218.Continue Reading Court Affirms Groundwater Augmentation Charge Exempt From Proposition 218 As A Water Service Charge

By Glen Hansen

In September 2013, the United States Environmental Protection Agency and the U.S. Army Corps of Engineers sent a draft rule to clarify the jurisdiction of the Clean Water Act to the Office of Management and Budget for interagency review. The proposed rule is designed to provide greater consistency, certainty, and predictability nationwide…

Abbott & Kindermann, LLP is pleased to announce an upcoming seminar at which Diane Kindermann Henderson will be speaking.  As Ms. Kindermann’s guest, you are eligible for 20% off the registration fee!

Proactive Subdivision Map and Entitlement Strategies Post-Recession
November 19, 2013
Sacramento, CA
Crowne Plaza Sacramento, 5321 Date Avenue

Register online: http://www.lorman.com/392308
Call:

The Central Valley Regional Water Quality Control Board (“CVRWQCB”) adopted new waste discharge requirements within the Tulare Lake Basin area on September 19, 2013, in order to protect ground and surface water from irrigated agricultural discharges.  The area impacted by the new requirements includes farmland in Fresno, Tulare, Kings and Kern counties.  The requirements apply …

By William W. Abbott, Diane Kindermann, Katherine J. Hart and Glen Hansen

Welcome to Abbott & Kindermann’s 2013 CEQA update. It is cumulative for the year, with the newest cases issued in the 3rd quarter are shown in italics and bold type face.

To review our prior annual summaries, click here: 2013…

Abbott & Kindermann, LLP is pleased to announce an upcoming seminar at which Diane Kindermann Henderson will be speaking.  As Ms. Kindermann’s guest, you are eligible for 20% off the registration fee!

Proactive Subdivision Map and Entitlement Strategies Post-Recession
November 19, 2013
Sacramento, CA
Crowne Plaza Sacramento, 5321 Date Avenue

Click here to view…

By Katherine J. Hart

In Neighbors for Smart Rail v. Exposition Metro Line Construction Authority (2013) 57 Cal.4th 439 (Neighbors), the California Supreme Court held that a lead agency has discretion to omit existing conditions analyses by substituting a baseline consisting of environmental conditions projected to exist solely in the future, but to do so the agency must justify its decision by showing an existing conditions analysis would be misleading or without informational value.Continue Reading Supreme Court Resolves Baseline Issue In Neighbors for Smart Rail Ruling

By Katherine J. Hart

In San Diego Citizenry Group v. County of San Diego (Published August 26, 2013, D059962) ___ Cal.App.4th ___, the Court of Appeal, Fourth District, upheld San Diego County’s (County) certification of an EIR and approval of a Tiered Winery Ordinance Amendment (Winery Ordinance) which permits boutique wineries in agriculturally designated and zoned land in the unincorporated area of the County by right. In ruling on a dispute regarding the cost of transcripts in the administrative record, the Fourth Appellate District reversed the trial court and held appellant was not required to reimburse the County for the costs of transcribing transcripts of the planning commission meetings pursuant to Public Resources Code section 21167.6(e)(4).Continue Reading Transcripts Not Always Required For Administrative Record

By William W. Abbott

Friends of Oroville v. Wal-Mart Stores, Inc. (August 19, 2013, C070448) ___ Cal.App.4th ___.

Wal-mart moved several steps closer to a new store as a result of the most recent appellate court decision over a new retail center proposed to be constructed in Oroville, suffering a setback however on greenhouse gas emissions. Friends of Oroville appealed a planning commission approval of a proposed supercenter, intended to replace an existing store. Following the appeal hearing, the City Council approved the new store, and the Friends of Oroville filed a petition for writ of mandate to set aside the approval. The trial court denied the petition, and Friends of Oroville appealed. On appeal, the appellate court affirmed the legal sufficiency of the EIR save one issue (greenhouse gases) and one clarification (payment of traffic fees.) The published portion of the decision pertains to greenhouse gas analysis, and the court ruled as follows.Continue Reading With Friends Like This, Who Needs CEQA Enemies?