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CEQA requires an analysis of the project on the environment, not the environment on the project. An EIR which examines all strategies for protection of cultural resources satisfies CEQA’s disclosure requirements. Finally, after a successful writ of mandate, opponents are limited to the legal issues in the court’s order, and do not have a second bite at the litigation apple.
Continue Reading 2nd Appellate District Again Holds That For The Purposes Of CEQA, It Is The Impact Of The Project On The Environment, Not The Other Way Around

Abbott & Kindermann’s Annual Land Use, Real Estate, and Environmental Law Update

Reserve your seat for one of three seminars taking place in 2012.

 

In January and February 2012 Abbott & Kindermann, LLP will present its annual complimentary educational program for clients and colleagues interested in current land use, environmental, and real estate issues…

Senate Bill 436 (SB 436) amends and adds provisions to the California Planning and Zoning Law regarding mitigation lands requiring state and local agencies to protect natural resources that are impacted by their own development projects and to require endowments for the protection of those protected lands. It also authorizes agencies to require endowments for mitigation lands set aside for private projects.
Continue Reading Legislative Update: Mitigation Chapter of Planning and Zoning Law is Amended and Expanded to Ensure the Proper Management of Protected Lands (SB 436)

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

The California Supreme Court will decide whether, in response to a construction defect action brought by a condominium homeowners association, the developer can compel binding arbitration of the litigation pursuant to an arbitration provision in the CC&R’s.
Continue Reading Supreme Court To Decide If A Developer Can Compel Arbitration Of A Condominium Homeowners Association’s Construction Defect Claim Under The CC&R’s

In Tesoro del Valle Master Homeowners Assn. v. Griffin (October 3, 2011, B222531) ___ Cal.App.___, the Court of Appeal for the Second Appellate District affirmed a judgment following a jury verdict that found that a homeowners’ association (“HOA”) complied with the California Solar Rights Act (Civ. Code, § 714), even though the HOA denied the application of property owners to install solar panels on a slope adjacent to their residence in the development.
Continue Reading Homeowners’ Association Complies With Solar Rights Act When It Reasonably Denies The Installation Of Solar Panels At Residence In the Development

According to the appellate court in this case, “an individual medical marijuana patient is not the proper party to challenge generally applicable zoning provisions because – whatever the contours of the right to engage in cooperate or collective medical marijuana activity (see e.g., § 11362.775) – the Legislature invested this right in cooperative and collective groups and entities, not individuals.” Therefore, the plaintiff had no standing to bring an action against the city.
Continue Reading No Matter How Compelling a Story, a Medical Marijuana Patient Lacks Standing to Sue City

In Thorstrom v. Thorstrom (2011) 196 Cal.App.4th 1406, the Court of Appeal for the First Appellate District applied the doctrine of implied easements and held that the water from a well dug by a mother on one of her two parcels of neighboring property, should be shared by her sons after the mother died and her sons took separate possession of the parcels.
Continue Reading In Legal War Between Brothers Over An Implied Easement For Well Water, The Court Mandates … Sharing