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By William W. Abbott

The Building Industry Association (“BIA”) scored a major success with AB 333, which protects many tentative maps by tacking on an additional statutory life jacket of 24 months. Chapter 18, Statutes of 2009 operates as follows.

Tentative subdivision maps scheduled to expire before January 1, 2012, are statutorily extended by 24 months. The new extension authorization is in addition to those already provided for by law., listed below:…
Continue Reading How Many Lawyers Does it Take to Extend a Tentative Map?

By Leslie Z. Walker

On July 3, 2009, the Natural Resources Agency issued a notice of proposed action (“Notice”) for the adoption of CEQA guidelines addressing the evaluation and mitigation of greenhouse gas emissions. Public Resources Code section 21083.05 requires that the Governor’s Office of Planning and Research (“OPR”) “prepare, develop, and transmit to the Resources Agency guidelines for the mitigation of greenhouse gas emissions or the effects of greenhouse gas emissions,” by July 1, 2009. OPR transmitted these in April of 2009, ahead of schedule. See OPR Finalizes Proposed CEQA Guidelines and Transmits Them to Resources Agency. The Resources Agency has noticed its intent to adopt the guidelines, as proposed by the OPR. The Notice commenced the rulemaking process for the guidelines.
Continue Reading CEQA Guidelines on Greenhouse Gases One Step Closer to Law

“On July 8, 2009 senior associate Katherine Hart was unanimously confirmed by the Senate Rules Committee for reappointment by Governor Schwarzenegger to the Central Valley Regional Water Quality Control Board. Kate currently serves as the Vice-Chair of the Board. She was originally appointed by Governor Schwarzenegger in September 2005. She was reappointed by Governor Schwarzenegger for her second four-year term in September 2008. The Central Valley Regional Water Quality Control Board is one of the nine regional water quality control boards statewide. The Central Valley Board’s region comprises 40 percent of the entire State and contains the Sacramento-San Joaquin Delta. The Board makes critical water quality decisions for its region, including setting standards, issuing waste discharge requirements, determining compliance with those requirements, and taking appropriate enforcement actions.”

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 Katherine Hart is Reappointed to the Regional Water Quality Control Board

By Leslie Z. Walker

More than three years after the State’s initial request, the United States Environmental Protection Agency (“US EPA”) granted California’s request for a waiver to allow the state to enforce its greenhouse gas (“GHG”) emission standards for new motor vehicles.  The waiver, coincidentally granted as the nation’s largest automaker works its way through bankruptcy court, allows the regulations developed by the California Air Resources Board (“CARB”) in response to Assembly Bill 1493 (Chapter 200, Statutes 2002) to take effect.  The regulations add four GHGs to California’s existing regulations and phase in emission standards for those gases.Continue Reading US EPA Grants California Waiver to of Clean Air Act Preemption to Enforce Greenhouse Gas Emission Standards

By Katherine Hart

In the recent case of City of Irvine v. Southern California Association of Governments, the City of Irvine (“City”) sued the Southern California Association of Governments (“SCAG”) for allocating almost 43 percent of Orange County’s regional housing needs to the City. SCAG is charged with developing a regional housing need assessment (“RHNA”) for cities within its jurisdiction. SCAG delegated to the Orange County Council of Governments the responsibility for providing the data to be used by SCAG in applying the methodology used to determine the allocation of housing units to jurisdictions within Orange County.
Continue Reading California Appeals Court Says No Judicial Review of COG RHNA Allocations

By Leslie Z. Walker

In White Tanks v. Strock (9th Cir. 2009) 563 F.3d 1033, the Ninth Circuit held the Army Corps of Engineers (“USACE”) had improperly confined the geographic scope of its environmental analysis under the National Environmental Policy Act (42 U.S.C. § 4321 et seq.) (“NEPA”) in issuing a permit under Section 404 of the Clean Water Act (33 U.S.C. § 1251 et seq.) (“CWA”). The Court held that because the feasibility of the whole project depends upon the Corps granting a Section 404 permit, the entire project is within the purview of the Corps and thus subject to environmental review under NEPA…
Continue Reading Geographic Scope of Environmental Study Depends on Feasibility of Project without Federal Action

By Cori Badgley

Generally, a lawsuit challenging an agency’s decision or environmental review must be brought within 30, 60 or 90 days, depending on the applicable statute of limitations. Often, an agency’s decision involves powers granted under different statutes, which can lead to conflicting statutes of limitations. In Strother v. California Coastal Commission (2009) 173 Cal.App.4th 873, the Court of Appeal for the Fourth Appellate District addressed such a conflict in a challenge to the granting of a coastal development permit. The conflict arose between the statute of limitations under the California Coastal Act (Pub. Resources Code § 30801) and the California Environmental Quality Act (“CEQA”) (Pub. Resources Code § 21080.5). The court held that as long as the challenges related to CEQA, CEQA’s statute of limitations applied.
Continue Reading CEQA Statute of Limitations Still Applies in Challenge to Coastal Development Permit

The House of Representatives voted on the American Clean Energy and Security Act, known as the Waxman-Markey or Cap and Trade bill. The House passed the bill by a vote of 219 to 212. The bill now moves to the Senate.

The information presented in this article should not be construed to be formal legal advice by …

By Leslie Z. Walker

The House of Representatives is expected to vote on the American Clean Energy and Security Act (H.R. 2454), known as the Waxman-Markey or Cap and Trade bill, today. Under the bill, the Administrator of the Environmental Protection Agency would be required to promulgate regulations to cap and reduce Green House Gas emissions (“GHG”) annually, so that GHG emissions from capped sources are reduced by 3 percent (from 2005 levels) by 2012, 17 percent by 2020, and 42 percent by 2030. (H.R. 2454, § 703.) Sources able to meet and surpass their reduction requirements will be allowed to sell their excess reduction credits while sources unable to meet their targets may purchase offsets in order to obtain compliance. Abbott & Kindermann, LLP will keep you posted on the status of the bill.
Continue Reading House Slated to Vote on Climate Change Bill Today

By Cori Badgley

The Attorney General’s Office declared in a press release on June 24, 2009 that it intervened in a suit against the City of Pleasanton to remove the City’s “draconian and illegal” housing cap. The housing cap, which was instituted in 1996 through Measure GG, limits housing to 29,000 units throughout the City. The City can only accommodate another 2,000 units, if the housing cap remains in place. According to the Attorney General, the job growth over the past 10 years has nearly doubled from 31,683 to more than 58,000, while the available housing has only increased by 7,000 units. The draft General Plan Update predicts the creation of 45,000 more jobs over the next 15 years. In addition to not meeting the City’s fair share regional housing needs, the Attorney General asserts that the housing cap will lead to increased traffic congestion, urban sprawl, greenhouse gas emissions and an increased dependence on foreign oil. As the case progresses, Abbott & Kindermann, LLP will provide further updates.
Continue Reading Attorney General Sues Pleasanton Over Illegal Housing Cap