As directed by the Governor’s drought state of emergency, the California Department of Public Health (CDPH) has identified 17 communities that are at risk of running out of drinking water. The CDPH will work with these communities to ensure that the required conservation measures are in place and provide assistance to identify additional water sources. For more information visit: http://www.cdph.ca.gov/Pages/NR14-012.aspx

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.

Abbott & Kindermann’s 13th Annual Land Use, Real Estate, and Environmental Law Update

Reserve your seat for one of four seminars taking place in 2014.

In February 2014 Abbott & Kindermann, LLP will present its 13th annual educational program for clients and colleagues interested in current land use, environmental, and real estate issues affecting commercial and residential development, agriculture, real estate transactions, easements, mining and the construction materials production industry. 

Continue Reading REMINDER – SAVE THE DATE!

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 back from extinction; improved outcomes for threatened species; and increased public awareness of species protection. Supporters and opponents of the ESA reach divergent conclusions on the accomplishments of the ESA, armed with contrasting numbers. Nevertheless, all viewpoints recognize that the government and landowners jointly continue to protect species and habitat areas on both public and private lands while allowing development to proceed. Perhaps the ESA really is only 18 with 22 years of experience, in need of a few more years to learn from it successes and failures.

The following articles provide two different perspectives of the ESA on its 40th birthday.

http://ens-newswire.com/2013/12/31/celebrating-40-years-of-endangered-species-act-success/

http://takingnote.blogs.nytimes.com/2013/12/31/the-law-that-saved-the-bald-eagle/?_r=2

Diane G. Kindermann Henderson is a partner at Abbott & Kindermann, LLP. For questions relating to this article or any other California land use, real estate, environmental and/or planning issues contact Abbott & Kindermann, LLP at (916) 456-9595.

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.

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

Welcome to Abbott & Kindermann’s 2013 CEQA update. It is cumulative for the year, with the newest cases issued in the 4th quarter shown in bold type face. Click here to access the complete update.

To read our prior annual reviews, click here: 2012; 2011; 2010.

Continue Reading 2013 CEQA 4th QUARTER REVIEW

By William W. Abbott

The California Supreme Court has a number of cases on its docket for consideration in 2014 that are of interest to planners, local government officials, developers and community interest groups. These cases include both CEQA and land use considerations. Here are the summaries from the Court’s website:

Continue Reading 2014 Court Watch

Abbott & Kindermann’s 13th Annual Land Use, Real Estate, and Environmental Law Update

Reserve your seat for one of four seminars taking place in 2014.

In February 2014 Abbott & Kindermann, LLP will present its 13th annual educational program for clients and colleagues interested in current land use, environmental, and real estate issues affecting commercial and residential development, agriculture, real estate transactions, easements, mining and the construction materials production industry.  

A summary of 2013 case law and legislative updates includes the following hot topics for 2014:

  • Air Quality and Climate Change: including CEQA Guidelines and Mandatory Reporting
  • Mining
  • Subdivision Map Extensions
  • Interpreting Development Agreements
  • Endangered Species
  • Water Quality and Wetlands
  • Water Rights and Supply
  • Cultural Resources
  • Renewable Energy
  • Environmental Enforcement
  • Hazardous Substance Control and Cleanup
  • Timber Resources
  • CEQA Litigation: Baseline, Alternatives Analysis, Exhaustion of Administrative Remedies and SB 226 Update

Continue Reading SAVE THE DATE!

By Katherine J. Hart

In Latinos Unidos de Napa v. City of Napa (2013) 221 Cal.App.4th 192; 2013 Cal.App. LEXIS 893 (Latinos Unidos II), the Court of Appeals, First Appellate District, upheld the City of Napa’s (City) use of its 1998 Program EIR (prepared and certified for purposes of the City’s 2020 General Plan update) for the proposed 2009 Housing Element update, and related Land Use Element and zoning code amendments. More specifically, in updating its Housing Element, the City of Napa also amended its Land Use Element to (1) increase the minimum residential densities in seven areas zoned as mixed use or community commercial from 10 to 40 residential units per acre, (2) increase the permitted density for eight multi-family sites by a total of 88 units, as well as amended its zoning ordinance to comply with state laws regarding emergency shelters and various types of low-income housing, and to permit single-family detached homes at the same densities of single-family attached homes (the Project).

Continue Reading NO NEW ENVIRONMENTAL REVIEW REQUIRED TO INCREASE HOUSING DENSITIES IN CITY’S GENERAL PLAN

By William W. Abbott

If you were hoping for an insightful article on human relationships, you are out of luck and clearly, you are reading the wrong blog. But if you are interested in bonding as it relates to subdivisions and improvement agreements, read on. With a frequency slightly ahead of locusts appearing every seventeen years, cases involving subdivision improvement bonds are cyclical, trailing serious downturns in the real estate development market. Two cases this year illustrate interesting features of this practice area.

Continue Reading BONDING IS NOT ALWAYS A POSITIVE EXPERIENCE