Endangered Species

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In Sierra Forest Legacy v. Sherman, 646 F.3d 1161 (9th Cir. 2011), the Ninth Circuit Court of Appeals issued four separate opinions that, collectively, held that the U.S. District Court properly found that the 2004 Sierra Nevada Forest Plan Amendment and related Basis Project (“2004 Framework”) issued by the U.S. Forest Service did not violate the National Environmental Policy Act. However, when the District Court applied a 2007 amendment to the 2004 Framework retroactively, the District Court failed to properly determine whether the 2004 Framework violated the National Forest Management Act.
Continue Reading Ninth Circuit Issues Mixed Ruling Re NEPA and NFMA Challenges to 2004 Sierra Nevada Forest Plan Amendment

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

Reserve your seat for one of three seminars taking place in 2011.

In January and February 2011 Abbott & Kindermann, LLP will present its annual complimentary educational program for clients and colleagues interested in current land use, environmental, and real estate issues affecting commercial and residential development, real estate acquisition, easements, leasing and property acquisition, and mining.
Continue Reading REMINDER! Save the Date!

The U.S. Court of Appeals for the Ninth Circuit denied Homebuilders attempt to constrain the designation of critical habitat under the Endangered Species Act.
Continue Reading U.S. Fish and Wildlife Service not Required to Predict the Point of Return for Critical Habitat under the Endangered Species Act

The Ninth Circuit’s decision in this case put a new twist on the debate over what constitutes adverse modification to critical habitat by upholding a black and white mathematical percentage formula applied by FWS in its BO to determine whether critical habitat destruction jeopardized listed species or adversely impacted their critical habitat. In this case, FWS found that there was no adverse impact because the acreage of critical habitat was miniscule in relation to the amount of critical habitat available nationwide.
Continue Reading Ninth Circuit Upholds Application of Percentage Methodology to Determine Whether There Has Been an Adverse Modification to Critical Habitat

By Leslie Z. Walker

In a case with a curious procedural posture, the Court of Appeal, First Appellate District, ruled that the Department of Water Resources is a “Person” for the purposes of Fish and Game Code section 2080 and thus is prohibited from taking an endangered or threatened species under the California Endangered Species Act (Fish & Game Code, § 2050 et seq.) Kern County Water Agency v. Watershed Enforcers (2010) 185 Cal.App.4th 969.
Continue Reading Department of Water Resources is a “Person” for Purposes of the California Endangered Species Act

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

Reserve your seat for one of three seminars taking place in 2010!

In January and February 2010 Abbott & Kindermann, LLP will present its annual complimentary educational program for clients and colleagues interested in current land use, environmental, and real estate issues affecting commercial and residential development, real estate acquisition, easements, leasing and property acquisition, and mining. In addition, the following hot topics for 2010 will be discussed:

Global Warming: CEQA Guidelines, Mandatory Reporting
Water Supply Legislation
CEQA Litigation: Alternative Analysis & Exhaustion of Administrative Remedies
Subdivision Map Extension
Interpreting Development Agreements
Endangered Species Act
Abbott & Kindermann, LLP will be presenting its annual program at three California locations: Sacramento, Modesto and Redding. Details for the seminars are below. We hope you can join us and look forward to seeing you there.

Modesto Conference

Date: Thursday, January 21, 2010
Location: Double Tree Hotel Modesto, 1150 Ninth Street
Registration: 12:30 p.m. – 1:00 p.m.
Program: 1:00 p.m. – 4:00 p.m.
Redding Conference

Date: Thursday, January 28, 2010
Location: Hilton Garden Inn Redding , 5050 Bechelli Lane
Registration: 12:30 p.m. – 1:00 p.m.
Program: 1:00 p.m. – 4:00 p.m.
Sacramento Conference

Date: Friday, February 12, 2010
Location: Sacramento Hilton Arden West, 2200 Harvard Street
Registration: 8:30 a.m. – 9:00 a.m. with continental breakfast
Program: 9:00 a.m. – 12:00 noon
There is no charge for the programs and MCLE and AICP CM credits are available.

An RSVP will be required as space is limited. To reserve a spot, call our office at (916) 456-9595. When calling, please specify which conference you will be attending.
Continue Reading Reminder! Save the Date

By Katherine Hart

Senate Bill 448 sponsored by Fran Pavley was signed into law by Governor Schwarzenegger on October 11, 2009. The bill establishes the California State Safe Harbor Agreement Program Act (the “Act”) and adds provisions to the California Fish and Game Code. It will become effective on January 1, 2010.
Continue Reading Conservation Pays: New Statutory Protection for Landowners to “Take” Protected Species

By Leslie Walker and Nathan Jones

A recent case published by the Court of Appeal, Third Appellate District has struck down a decision by the California Fish and Game Commission (“Commission”) to deny listing the California tiger salamander (“salamander”) as a candidate species for listing under the California Endangered Species Act (“CESA”). In Center for Biological Diversity v. California Fish and Game Commission (2008) 166 Cal.App.4th 597, the court ruled that the Commission must accept a listing petition of a candidate species if the information would “lead a reasonable person to conclude there is a substantial possibility” that the species could be listed. Placing a species on the candidate list triggers a review by the Department of Fish and Game (“DFG”) to determine whether permanent listing under the CESA is required.
Continue Reading Too Much Information to Erase Doubt: Appellate Court Rules California Tiger Salamander Must Be Considered A Candidate Species under California Endangered Species Act