Land Use, Environmental, and Real Estate Law in California
By William W. Abbott
Well, it has been a long time since I took my high school civics class. While I have forgotten far more than I remember, the distinct responsibilities allocated between the legislative branch and the executive branch remain deeply embedded in my memory. In the recent debate concerning the State’s attempt to…
Reserve your seat for one of four seminars taking place in early 2016.
In January and February 2016 Abbott & Kindermann, LLP will present its 15th 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…
Reserve your seat for one of four seminars taking place in early 2016.
In January and February 2016 Abbott & Kindermann, LLP will present its 15th 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…
Reserve your seat for one of four seminars taking place in early 2016.
In January and February 2016 Abbott & Kindermann, LLP will present its 15th 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…
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, …
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 Kindermann, William W. Abbott, Glen Hansen and Katherine J. HartContinue Reading 2013 4th QUARTER ENVIRONMENTAL LAW UPDATE
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?
By William W. Abbott
Save Panoche Valley v. San Benito County (June 25, 2013, H037599) ___ Cal.App.4th ___.
Famous for its bird sitings (http://www.audublog.org/?p=4155), Panoche Valley sits nestled between Interstate 5 and Highway 101 (http://www.cosb.us/Solargen/). I wager that few Californians have passed through this quiet terrain, and but for this court decision, would not know that this valley exists. Besides its limited number of residents and great diversity in bird species, Panoche Valley is also notable in that (1) it is exposed to high levels of solar radiation, and (2) it is bisected by a 230 kV transmission line. Just as no-good-deed-goes-unpunished, neither do conflicting environmental values resolve themselves without a CEQA lawsuit.Continue Reading Williamson Act Contract Cancellation For Solar Project Upheld Along With Companion Environmental Impact Report
In 2011, the United States Supreme Court held that the Clean Air Act (“CAA”) and any Environmental Protection Agency action authorized by the CAA displaces any federal common law of interstate nuisance seeking abatement of carbon-dioxide emissions from fossil-fuel fired power plants. In 2012, several federal courts have similarly rejected lawsuits based on common law claims that sought to address the effects of climate change, either by way of damages or injunctive relief.
Continue Reading Federal Courts Continue To Reject Climate Change Lawsuits That Rely On Federal Common Law
