Best Best & Krieger News Feedhttp://www.bbklaw.com/?t=39&format=xml&directive=0&stylesheet=rss&records=20&LPA=492Best Best and Krieger is a Full Service Law Firmen-us26 Nov 2014 00:00:00 -0800firmwisehttp://blogs.law.harvard.edu/tech/rssMoment of Truth: One State, One Water Futurehttp://www.bbklaw.com/?t=40&an=34244&format=xml<p>BB&amp;K Partner Eric Garner will be the keynote speaker and Partner Kelly Salt will be a panelist at the Association of California Water Agencies 2014 Fall Conference &amp; Exhibition Dec. 2-5.</p> <p>Kelly will be discussing &quot;Fairness and Equity in Recycled Water Rates&quot; on Wed., Dec. 3, from 2 - 3:15 p.m.</p> <p>Eric will present &quot;Groundwater Legislation: History in the Making or Another Dead End?&quot; at the luncheon on Thurs., Dec. 4, from 11:45 a.m. - 1:15 p.m. Statewide regulation of groundwater is one of the most important &ndash; and controversial &ndash; challenges facing this generation of water managers. That&rsquo;s why the groundwater legislation passed this year is so important, whether you were for it or not. This once-in-a-century statute will change how water is managed in California.</p> For more information or to register, visit the ACWA event page by <a target="_blank" href="http://www.acwa.com/events/acwa-2014-fall-conference-exhibition"><span style="color: #0000ff">clicking here</span></a>.Conferences & Speaking Engagements02 Dec 2014 00:00:00 -0800http://www.bbklaw.com/?t=40&an=34244&format=xmlAdapting Water Laws to a World of Water Scarcityhttp://www.bbklaw.com/?t=40&an=34795&format=xml<p>Best Best &amp; Krieger Managing Partner Eric Garner is one of the invited speakers to the United Nations Environment for Development 1st International Environment Forum for Basin Organizations in Nairobi, Kenya from Nov. 26&ndash;28, 2014. The Forum will bring together key stakeholders in the management of freshwater basins from all around the globe, such as ministers of water and the environment, heads of basin organizations and water directors, heads of national delegations to transboundary basin organizations, UN Agencies and other relevant international organizations, financial institutions, MEA Secretariats, civil society and academia.</p> <p>The primary objective of the Forum is to strengthen basin organizations as key building blocks for environmental governance. Basin Organizations are crucial in supporting the implementation of internationally agreed environmental goals and objectives embedded in many Multilateral Environmental Agreements (MEAs) as well as in national and basin-wide water management schemes.</p> <p>Eric will discuss &ldquo;Adapting Water Laws to a World of Water Scarcity&rdquo; during the Laws and Regulations Theme. The discussion will focus primarily on a) effective and adaptive legal and institutional frameworks to address the ever increasing challenges and complexities associated with managing water resources, and b) how basin organizations can positively contribute to the implementation of international water law, multilateral environmental agreements and internationally accepted environmental principles.</p> <p>For more information, please <a target="_blank" href="http://www.unep.org/delc/forumbasinorganizations/tabid/102143/Default.aspx"><span style="color: #0000ff">click here.</span></a></p>Conferences & Speaking Engagements26 Nov 2014 00:00:00 -0800http://www.bbklaw.com/?t=40&an=34795&format=xmlIt's Not Easy Being (Legally) Green - Understanding Legal and Practical Issues Related to Green Infrastructurehttp://www.bbklaw.com/?t=40&an=34697&format=xml<p>Best Best &amp; Krieger LLP Partner Shawn Hagerty is among the speakers at NACWA&rsquo;s three-day National Clean Water Law Seminar. He will be on a panel titled &ldquo;It&rsquo;s Not Easy Being (Legally) Green &ndash; Understanding Legal and Practical Issues Related to Green Infrastructure.&rdquo;</p> <p>The use of green infrastructure (GI) has rapidly become a mainstream, acceptable solution by both the municipal utility community and federal/state regulators to achieve &ndash; in conjunction with gray infrastructure &ndash; key CWA requirements. But what about the legal considerations associated with &ldquo;going green?&rdquo; Utilities must evaluate a number of different legal factors when using green infrastructure - especially on private property - such as zoning and land use regulations, easements with private owners, maintenance agreements, and liability concerns. There is also the issue of what happens if the GI doesn&rsquo;t work the way it is supposed to and permit terms are violated.</p> <p><strong>When</strong><br /> Thursday, Nov. 20, 2014<br /> 11 a.m.</p> <p><strong>Where</strong><br /> The Loews Don CeSar Hotel<br /> St. Pete Beach, Florida</p> <p>For more information or to register here, <a target="_blank" href="http://www.nacwa.org/index.php?option=com_content&amp;view=article&amp;id=2023&amp;Itemid=535"><span style="color: #0000ff">click here</span></a>.</p>Conferences & Speaking Engagements20 Nov 2014 00:00:00 -0800http://www.bbklaw.com/?t=40&an=34697&format=xmlWhat Works in Conservation: Tools for Rethinking Water, Quantifying Value, and Thriving in our Landscapeshttp://www.bbklaw.com/?t=40&an=34322&format=xml<p>Best Best &amp; Krieger is proud to sponsor and participate in the 69th Annual California Resource Conservation Districts Meeting &amp; Conference. The event will be held Nov. 12 &ndash; 14, 2014 in Ventura, Calif. Highlighting the key conservation issues in Southern California, participants will share ideas on what works in conservation and have the opportunity to advance statewide partnerships.</p> <p><strong>BB&amp;K Speakers</strong></p> <p>Thurs., Nov. 13, 2014<br /> 3 &ndash; 4:15 p.m.<br /> &ldquo;Rethinking Water: Strategies to Build an Equitable, Reliable, and Clean Water Source&rdquo;<br /> <b>Steven Anderson</b> will discuss the recent groundwater legislation.</p> <p>Fri., Nov. 14, 2014<br /> 8:30 &ndash; 9:30 a.m.<br /> &ldquo;Support for New Conservation Properties and Beginning Agricultural Professionals&rdquo;<br /> <b>Steven G. Martin</b> and <b>Ward Simmons</b> will discuss due diligence for conservation properties.</p> <p>Fri., Nov. 14, 2014<br /> 8:30 &ndash; 9:30 a.m.<br /> &ldquo;Creating Healthy CityScapes: Building Partnerships to Address Regional and Specific Urban Conservation Storm Water Management: Working with Cities to Relieve Regulatory Pressure&rdquo;<br /> <b>Shawn Haggerty</b> will discuss municipalities and water quality.</p> <p><strong>Where:</strong><br /> Crowne Plaza Ventura Beach<br /> For more information or to register, please visit the CARCD event page by <a target="_blank" href="http://carcd.org/annual_conference0.aspx"><span style="color: #0000ff">clicking here</span></a>.</p>Conferences & Speaking Engagements13 Nov 2014 00:00:00 -0800http://www.bbklaw.com/?t=40&an=34322&format=xmlNew Groundwater Legislation Update: Comments Recommended Regarding Groundwater Basin Prioritizationhttp://www.bbklaw.com/?t=40&an=34671&format=xml<p>Under the new groundwater legislation, the California Department of Water Resources must establish the initial priority for each groundwater basin in the state no later than Jan. 31. Those basins that are ultimately designated as high or medium priority will be subject to groundwater sustainability plans to be adopted no later than Jan. 31, 2020, in some cases, or Jan. 31, 2022 in others.</p> <p>Preliminary priorities for each groundwater basin, including many sub-basins, have been compiled as part of DWR&rsquo;s California Statewide Groundwater Elevation Monitoring (CASGEM) program. The listing of those preliminary priorities can be found <a target="_blank" href="http://water.ca.gov/groundwater/casgem/basin_prioritization.cfm"><span style="color: #0000ff">here</span></a>. Other information about groundwater basins can be found in DWR&rsquo;s <a target="_blank" href="http://www.water.ca.gov/groundwater/bulletin118.cfm"><span style="color: #0000ff">Bulletin 118</span></a> (&ldquo;California&rsquo;s Groundwater&rdquo;).</p> <p>There is an expectation that most, if not all, of these preliminary priorities will be adopted officially by DWR early next year, barring information coming to light that challenges those preliminary priorities.</p> <p>If public agencies or others wish to dispute the preliminary high, medium, low or very low priority status of groundwater basins upon which they rely, comment letters should be submitted to DWR as soon as possible. In setting those priorities, DWR will examine not only water levels, water quality, extraction patterns, current demand and other technical information, but also the population overlying the basin, projected growth, irrigated acreage and other information.</p> <p>Agencies may also wish to submit comments to DWR regarding groundwater basin boundaries, particularly if there is scientific dispute about the precise location of such boundaries. Under the new legislation, basin boundaries will be set as identified in DWR <a target="_blank" href="http://www.water.ca.gov/groundwater/bulletin118.cfm"><span style="color: #0000ff">Bulletin 118</span></a> unless a local agency requests that DWR revise boundaries and submits technical and other information supporting a boundary adjustment.</p> <p>Best Best &amp; Krieger attorneys are here to assist with the preparation of comment letters regarding groundwater basin prioritization and boundaries. For further information, please contact the attorney authors of this legal alert listed at right in the <a target="_blank" href="http://www.bbklaw.com/?t=5&amp;LPA=492&amp;format=xml"><span style="color: #0000ff">Environmental Law and Natural Resources practice group</span></a> or <a target="_blank" href="http://www.bbklaw.com/?p=2099"><span style="color: #0000ff">your BB&amp;K attorney</span></a>.</p> <p><i>Disclaimer: BB&amp;K legal alerts are not intended as legal advice. Additional facts or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information in this communiqu&eacute;.</i></p> <b><i>Best Best &amp; Krieger&rsquo;s Water Rights</i></b><i> practice is a nationally recognized force in water law since James Krieger&rsquo;s significant role in implementing the California State Water Project in the 1960s. As general counsel to water providers, BB&amp;K represents dozens of public agencies that serve water to more than 21 million people, in addition to countless developer, agricultural and manufacturing clients. We regularly advise public agency and private clients on all aspects regarding allocation of scarce water supplies.</i>Legal Alerts12 Nov 2014 00:00:00 -0800http://www.bbklaw.com/?t=40&an=34671&format=xmlVoters Pass Proposition 1 - Water Supply and Infrastructure Bond: Is Your Agency's Water Project Eligible for Funds?http://www.bbklaw.com/?t=40&an=34574&format=xml<p>On Tuesday, California voters passed Proposition 1, the Water Quality, Supply, and Infrastructure Improvement Act of 2014, which allocates $7.5 billion for a water quality, supply and infrastructure improvement program to help fund certain water projects.</p> <p>In an effort to address California&rsquo;s dwindling water supplies, the Act makes the following allocations:</p> <ul> <li>$520 million for projects to improve water quality and wastewater treatment, and to provide more reliable safe drinking water;</li> <li>$2.7 billion for water storage projects to be selected by the California Water Commission through a competitive ranking process;</li> <li>$1.495 billion for watershed protection and restoration projects;</li> <li>$900 million for groundwater cleanup and management;</li> <li>$810 million for integrated regional water management, water conservation and stormwater capture;</li> <li>$725 million for water recycling projects and facilities; and</li> <li>$395 million for flood management projects.&nbsp;</li> </ul> <p>In addition to other specific criteria under each project category, projects benefitting disadvantaged communities are given priority for funds under all of the categories.</p> <p>Agencies seeking Proposition 1 funding will need to evaluate how their projects will be prioritized and ranked for eligibility based on the criteria used for each category of funding. &nbsp;Among other criteria, the State will consider the availability of additional federal, local or private funding for eligible projects, and an evaluation of projects&rsquo; technological and economic feasibility. &nbsp;</p> <p>With more than 100 years of experience representing public agencies, and its national reputation on water and environmental issues, BB&amp;K is equipped to assist public agencies in their efforts to receive funding for water projects under the Act. Among other areas, BB&amp;K stands ready to assist in the following:</p> <ul> <li>Helping to determine which of your agency&rsquo;s water quality, supply and/or infrastructure projects may be eligible for funding under the Act, which review criteria will apply and whether the projects may be eligible for priority.</li> <li>Assessing whether a particular project is subject to cost-sharing requirements under the Act, and how the requirements may be satisfied.</li> <li>Ensuring that projects comply with the limitations placed on funds and how funds received under the Act may be used by agencies.</li> <li>Assisting agencies with public consultation, notice, public hearing and other public outreach to comply with all open meeting/public hearing/notice requirements.</li> <li>California Environmental Quality Act, review of approved projects.</li> </ul> <p>For more information about how&nbsp;this bond&nbsp;may affect your agency, please contact one of the attorney authors of this legal alert listed at right in the <a target="_blank" href="http://www.bbklaw.com/?t=5&amp;LPA=492&amp;format=xml"><span style="color: #0000ff">Environmental Law &amp; Natural Resources</span></a> or <a target="_blank" href="http://www.bbklaw.com/?t=5&amp;LPA=487&amp;format=xml"><span style="color: #0000ff">Special Districts</span></a> practice groups, or <a target="_blank" href="http://www.bbklaw.com/?p=2099"><span style="color: #0000ff">your BB&amp;K attorney.</span></a></p> <p><i>Disclaimer: BB&amp;K legal alerts are not intended as legal advice. Additional facts or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information in this communiqu&eacute;.</i></p>Legal Alerts05 Nov 2014 00:00:00 -0800http://www.bbklaw.com/?t=40&an=34574&format=xmlFate of $7.5B water bond up to votershttp://www.bbklaw.com/?t=40&an=34557&format=xml<p>On Tuesday, California voters will decide whether to adopt Proposition 1. The proposition &shy;called the Water, Quality, Supply and Infrastructure Improvement Act of 2o14 - would make S7.5 billion available for urgently needed for water storage, infrastructure rehabilitation, and other projects, many of which have taken on new importance given current drought conditions. A recent Public Policy Institute of California poll found that 56 percent of potential voters support Prop. 1, while only 32 percent oppose.</p> <p>Prop. 1, if approved, will authorize the state to issue bonds and prepare guidelines regarding the projects that will be eligible for a share of the S7.5 billion. The water bond replaces a previous $7.5 billion water bond proposal that never made it to the ballot.</p> <p>If the water bond is adopted, projects that leverage private, federal or local funding, or projects that produce the greatest public benefit, will get funding priority. Projects that employ new or innovative technologies or practices will get special consideration. In addition, substantial bond funding is reserved for disadvantaged communities and economically distressed areas. The water bond may also support projects that lack multiple sources of funding (i.e., those without local matching funding).</p> <p><i>To read the full article in the Daily Journal, which ran Nov. 3, 2014, <a target="_blank" href="http://www.dailyjournal.com/subscriber/submain.cfm#section=DJStoryContent.cfm%3Fseloption%3DNEWS%26pubdate%3D11/03/2014%26shNewsType%3DNews%26NewsId%3D938119%26sdivId%3DmainContent1"><span style="color: #0000ff">click here</span></a>&nbsp;(subscription required).</i></p>BB&K In The News03 Nov 2014 00:00:00 -0800http://www.bbklaw.com/?t=40&an=34557&format=xmlDealing in Drought: Development, Legislation and Litigationhttp://www.bbklaw.com/?t=40&an=31529&format=xml<p>BB&amp;K Managing Partner <b>Eric Garner</b>, who was the program chair of the event, and Partners <b>Paeter Garcia</b> and <b>Kelly Salt</b> participated in some of the panel discussions during this day-long seminar. This year is being touted as California&rsquo;s single driest year on record and severe drought conditions have brought the state to a crossroads. Is drought now going to be the new normal in California? This program&nbsp;helped attendees understand the impacts of drought on the competing needs of urban, agricultural and environmental water users. A diverse group of water leaders from state and local government, water associations, the legislature and engineers and attorneys&nbsp;provided their insight on the legal and policy issues facing the state&rsquo;s surface water, groundwater and alternative water supplies.</p> <p><b>BB&amp;K Speakers:</b><br /> <br /> Eric Garner delivered the event&rsquo;s opening introduction and overview at 9 a.m. At 11:30 a.m., he moderated the discussion &ldquo;The Groundwater Conundrum,&rdquo; which explored the following topics:</p> <ul> <li>Groundwater Use in an Arid State (Availability, Rights, Uses, Reserves and Overdraft)</li> <li>Whiskey is for Drinking (Adjudications Past, Present and Future)</li> <li>Common Ground (Groundwater Management Plans; Special Legislation; State Oversight)</li> </ul> <p>Paeter Garcia appeared as a panelist at 3 p.m. for a discussion titled, &ldquo;The Perfect Non-Storm: Permitting Development in Drought Conditions.&rdquo; Topics discussed included:</p> <ul> <li>California Growth and Related Development</li> <li>Tall Task for Water Supply Planning (Urban Water Management Plans; General Plans)</li> <li>Preparing Defensible Water Supply Analyses (Water Supply Assessments; Written Verifications; CEQA Analysis)</li> </ul> <br type="_moz" /> To see Paeter's PowerPoint presentation, <a target="_blank" href="88E17A/assets/files/Documents/Garcia PP.pdf"><span style="color: #0000ff">click here</span></a>. <br /> Watch &ldquo;The Perfect Non-Storm: Permitting Development in Drought Conditions&rdquo; by <a target="_blank" href="http://theseminargroup.adobeconnect.com/p25ogro109x/"><font color="#0000ff">clicking here</font></a>.<br type="_moz" /> <br /> Kelly Salt participated on a panel at 4 p.m. called, &ldquo;Pricing the Way through a Water Shortage.&rdquo; Issues covered included: <ul> <li>Declaring Water Shortage and Emergency Conditions (Ordinances, Conservation, Rationing)</li> <li>Pricing Structures and Challenges</li> <li>Public Issue with Private Implications</li> </ul> <br /> To see Kelly's PowerPoint presentation, <a target="_blank" href="88E17A/assets/files/Documents/Salt PP.pdf"><span style="color: #0000ff">click here</span></a>.<br type="_moz" /> <p><b>Credits: </b><br /> CA CLE: 6.25 General CLE credits<br /> CDPH: 6.0 contact hours</p> <p><b>Topics Covered: </b></p> <ul> <li>Drought Response</li> <li>Environmental</li> <li>Groundwater Use and Management</li> <li>Stormwater and Greywater</li> <li>Water Purchases and Transfers</li> <li>Water Shortage and Emergency Conditions</li> </ul> <p><b>Who Should Attend:</b></p> <ul> <li>Attorneys/Legal Staff</li> <li>State and Municipal Officials</li> <li>Water Operators</li> <li>Developers/Land Owners</li> <li>Farmers/Ranchers</li> <li>Environmentalists</li> <li>Utility Managers</li> <li>Planners</li> </ul> <p><b>Where: </b><br /> <br /> DoubleTree by Hilton LA Downtown<br /> 120 S. Los Angeles St.<br /> Los Angeles, CA 90012</p> <p>For more information&nbsp; please click <a target="_blank" href="http://www.theseminargroup.net/seminar.lasso?seminar=14.DROUCA"><u><span style="color: #0000ff">here</span></u></a>.</p>Conferences & Speaking Engagements30 Oct 2014 00:00:00 -0800http://www.bbklaw.com/?t=40&an=31529&format=xmlHigh-speed rail isn't full steam ahead just yethttp://www.bbklaw.com/?t=40&an=34452&format=xml<p>The state Supreme Court has refused to hear an appeal challenging the validity of the bond authorization approved by the California High-Speed Rail Authority to help fund a $68 million high-speed rail project. The decision validates the authorization to issue bonds by the High-Speed Rail Authority, the state agency responsible for administration and oversight of the project, and allows the project to move beyond the preliminary planning stages.</p> <p>But additional challenges still exist regarding the funding sources for the project, which will provide passenger rail service from Northern California to Southern California in less than three hours. This includes the 3rd District Court of Appeal declining to rule on whether the bond proceeds are being spent by the agency in accordance with Proposition 1A and other pending legal challenges.</p> <p>Efforts to fund the project have been underway for more than a decade. In 2002, Senate Bill 1856 authorized the issuance of a $9.95 billion bond measure to finance a high-speed rail system in California. Not until 2008, though, did Prop. 1A, titled the &quot;Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century&quot; get on the ballot, where it was approved by nearly 53 percent of voters. Prop. 1A allocates $9.95 billion to the agency, of which $9 billion must be used to construct the rail line from San Francisco to Los Angeles, with the remaining funds to be spent on improving local railroad systems that will connect to the high-speed rail system.</p> <p><i>To read the full article in the Daily Journal, which ran Oct. 27, 2014, <a target="_blank" href="http://www.dailyjournal.com/subscriber/submain.cfm#section=DJStoryContent.cfm%3Fseloption%3DNEWS%26pubdate%3D10/27/2014%26shNewsType%3DNews%26NewsId%3D937954%26sdivId%3DmainContent1"><span style="color: #0000ff">click here</span></a> (subscription required).</i></p>BB&K In The News27 Oct 2014 00:00:00 -0800http://www.bbklaw.com/?t=40&an=34452&format=xmlMunicipal & Environmental Associate - Sacramentohttp://www.bbklaw.com/?t=40&an=34415&format=xml<p>We have an immediate opening for an associate with 2-3 years of experience in municipal law (both transactional/advisory and litigation) and water law (water rights, supply and quality). Background in agriculture a plus.&nbsp; <br /> <br /> Qualified applicants are invited to apply online ONLY by clicking the link below. Applicants must attach a resume, transcript and cover letter to be considered for employment. This self-apply feature is compatible with Internet Explorer 6, 7, 8 &amp; 9, Mozilla Firefox for Windows, or Safari for Macintosh.<br /> <br /> <a target="_blank" href="https://lawcruit.micronapps.com/sup/lc_supp_jobpost.aspx?%40Pl3%3cKWEX%40=2%3e4&amp;%3db8=8_CG">lawcruit.micronapps.com/sup/lc_supp_jobpost.aspx</a></p> <p>Please address your cover letter to:<br /> <br /> <strong>Jill N. Willis<br /> </strong><em>Chief Talent Officer<br /> </em>Best Best &amp; Krieger LLP<br /> 300 South Grand Avenue, 25th Floor<br /> Los Angeles, CA 90071<br /> <em><br /> <strong><em><strong>No phone calls or emails please</strong></em><br /> <br /> <b><i>Best Best &amp; Krieger LLP is an Equal Opportunity Employer.</i></b></strong></em></p>Job Openings at BB&K22 Oct 2014 00:00:00 -0800http://www.bbklaw.com/?t=40&an=34415&format=xmlThe Business of Water and Environmental Lessons from Nuclear Disastershttp://www.bbklaw.com/?t=40&an=34240&format=xml<p>BB&amp;K Partner Eric Garner was co-chair of &ldquo;The business of water: key issues in investing in and financing of water and wastewater projects&rdquo; at the International Bar Association&rsquo;s annual conference in Tokyo, Japan. With water supply and treatment becoming pressing concerns worldwide, and with many types of infrastructure urgently needed to provide potable water and to treat water, this panel discussed methods that private companies are undertaking on their own efforts to protect water supplies essentials to their business models. The panel also discussed a variety of ways that companies and governments are working together to get projects financed and constructed.</p> <p>In addition, BB&amp;K Partner Michelle Ouellette, who is senior vice chair of the Environment, Health and Safety Law Committee, co-moderated &ldquo;Three Mile Island, Chernobyl, Fukushima: lessons learned and being learned.&rdquo; This session explored the legal lessons that we have learned as a result of the Three Mile Island, Chernobyl and Fukushima incidents. In particular, it addressed how the legal community has responded to these incidents from a liability, regulatory and contractual perspective. It also addressed what additional legal/regulatory steps should be considered in respect to existing and future nuclear generating stations, to address any claims or consequences arising from nuclear incidents and to reduce or prevent future nuclear incidents from occurring.</p> Michelle was also the session co-chair of &ldquo;The international environmental law consequences of natural resource and energy extraction.&rdquo; As nations are increasingly looking to other countries and continents as a source of addressing rapidly growing demands for natural resource and energy commodities, triggering environmental law issues in both the domestic and foreign countries, as well as international obligations. Meanwhile, some nations are restricting trade of their own natural resources and energy commodities (including rate earth minerals). These developments are raising questions related to the environmental liability of organizations under domestic, foreign and international environmental laws. This session discussed considerations relevant to both multinational companies and foreign governments in pursuing trade and resource and energy development in other nations, as well as environmental and trade law implications of restrictions imposed by nations on the export of resources. The session&nbsp;was orientated toward any lawyers who work on issues pertaining to trade of energy commodities and natural resources and will not assume expertise in international environmental law.Conferences & Speaking Engagements20 Oct 2014 00:00:00 -0800http://www.bbklaw.com/?t=40&an=34240&format=xmlState Water Board Releases Draft Safe Drinking Water Planhttp://www.bbklaw.com/?t=40&an=34246&format=xml<p>The State Water Resources Control Board released a draft Safe Drinking Water Plan for California. The draft plan assesses the quality of the state's drinking water, identifies specific water quality problems, analyzes known and potential health risks that may be associated with drinking water contamination, and provides specific recommendations to improve drinking water quality.</p> <p>With the transition of the Drinking Water Program from the California Department of Public Health on July 1 the State Water Board now has the primary authority to enforce federal and state safe drinking water acts, and is responsible for the regulatory oversight of about 8,000 public water systems throughout the state. One of the goals in transferring the program was to promote safe drinking water through more integrated water quality management, from source to tap.</p> <p>The draft plan contains 32 practical recommendations in nine areas that would expand the State Water Board&rsquo;s efforts to bring a greater number of systems into compliance. Recommendations include consolidating small water systems with larger systems wherever feasible, increasing funding to small and disadvantaged communities, and increased emergency preparedness.</p> <p>The State Water Board is accepting comments on the draft plan until Dec. 15. If your agency is concerned about the contents of the draft plan or would like assistance submitting comments, please contact one of the attorney authors of this legal alert listed at right in the <a target="_blank" href="http://www.bbklaw.com/?t=5&amp;LPA=492&amp;format=xml"><span style="color: #0000ff">Environmental and Natural Resources</span></a> or&nbsp;<a target="_top" href="http://www.bbklaw.com/?t=5&amp;LPA=489&amp;format=xml"><span style="color: #0000ff">Municipal</span></a>&nbsp; practice groups, or your <a target="_blank" href="http://www.bbklaw.com/?p=2099"><span style="color: #0000ff">BB&amp;K attorney</span></a>.</p> <p><i>Disclaimer: BB&amp;K legal alerts are not intended as legal advice. Additional facts or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information in this communiqu&eacute;.</i></p>Legal Alerts13 Oct 2014 00:00:00 -0800http://www.bbklaw.com/?t=40&an=34246&format=xmlBB&K Partner Michelle Ouellette Among Diversity Journal's 2015 Women Worth Watchinghttp://www.bbklaw.com/?t=40&an=33728&format=xml<p><b>RIVERSIDE, Calif.</b> _ Michelle Ouellette, a Best Best &amp; Krieger partner in the firm&rsquo;s Riverside office, is one of 160 women named to the <i>Diversity Journal&rsquo;s</i> 2015 Women Worth Watching&reg; list. Ouellette, who practices in the Environmental Law &amp; Natural Resources group, was nominated for her positive influence on diversity both inside and outside the workplace.</p> <p>In the September/October 2014 edition of <i>Diversity Journal</i>, Ouellette gives a first-person account of lessons learned during her career &mdash; including how building relationships, staying competitive and working hard can lead to success. (<a target="_blank" href="http://www.womenworthwatching.com/michelle-ouellette/"><span style="color: #0000ff">Click here to see the article</span></a>.)</p> <p>&ldquo;Michelle represents what can be accomplished by women, or anyone, who work hard and are passionate about what they do,&rdquo; said BB&amp;K Partner Danielle Sakai, who oversees recruiting. &ldquo;She sets a fantastic example for the less experienced female attorneys in the firm, whom she supports and mentors.&rdquo;</p> <p>This is the <i>Diversity Journal&rsquo;s</i> 13th year publishing this list, which includes women from a variety of industries and locations nationwide. &ldquo;When we launched our inaugural Women Worth Watching issue, we knew we were doing something unique,&rdquo; said Kathie Sandlin, the magazine&rsquo;s editor in chief. &ldquo;We may not have been the first to celebrate the accomplishments of women in business, but we knew by telling their stories, we could help propel the wave of high achievers that would certainly follow.&rdquo;</p> <p>BB&amp;K has a strong commitment to diversity. In May 2014, <i>The American Lawyer</i> ranked BB&amp;K No. 12 in attorney racial diversity out of more than 200 of the largest and highest-grossing law firms nationwide on their annual &quot;<a target="_blank" href="http://www.bbklaw.com/88E17A/assets/files/documents/Diversity-Scorecard-2014.pdf"><span style="color: #0000ff">Diversity Scorecard</span></a>.&quot; In addition, BB&amp;K was recognized in June 2014 by <i>Law360</i> for being one of the top 25 U.S. law firms - out of 400 surveyed - that have the highest percentage of female partners. BB&amp;K ranked No. 13 on <i>Law360</i>&rsquo;s first ever &quot;<span style="color: #0000ff"><u><a target="_blank" href="http://www.bbklaw.com/?t=40&amp;an=31314&amp;format=xml">Ceiling Smashers</a></u></span>&quot; list, with women accounting for nearly a third of the firm&rsquo;s partners.</p> <p align="center">###</p> <b><i>Best Best &amp; Krieger LLP</i></b><i> is a national law firm that focuses on environmental, business, education, municipal and telecommunications law for public agency and private clients. With 200 attorneys, the law firm has nine offices nationwide, including Los Angeles, Sacramento, San Diego and Washington D.C. For more information, visit </i><span style="color: #0000ff"><i><a target="_blank" href="http://www.bbklaw.com/"><span style="color: #0000ff">www.bbklaw.com</span></a></i></span><i><span> or follow @BBKlaw on <a target="_blank" href="http://www.twitter.com/bbklaw"><span style="color: #0000ff">Twitter</span></a>.</span></i>Press Releases09 Oct 2014 00:00:00 -0800http://www.bbklaw.com/?t=40&an=33728&format=xmlHydrology and the Lawhttp://www.bbklaw.com/?t=40&an=32004&format=xml<p>Program Co-Chair and BB&amp;K Managing Partner <b>Eric Garner</b> and Partner <b>Shawn Hagerty</b> were among the presenters at this one-day seminar titled &ldquo;Hydrology and the Law: Effective Tools for Resolving Water Rights and Damages Issues&rdquo; in Santa Monica, Calif. and webcast live. California is in the midst of a historic drought. Surface water deliveries are at an all-time low and many groundwater basins are being significantly drawn down. As the State, other public agencies and private interests struggle with how to maintain supplies in the short and long term, as well as protect the environment and comply with environmental regulations, understanding how hydrology and the law interrelate has never been more important.</p> <p>This one-day seminar explained the basics of hydrology and how it interacts with the law in California for the benefit of practitioners in both fields. In particular, leading experts in both fields examined the relationship between hydrology and the law as it relates to water quality and pending groundwater legislation, as well as how hydrology comes into play during litigation. This seminar helped practitioners in both fields improve their overall understanding of these very interrelated fields just as water issues are front page news.</p> <p><b>BB&amp;K Speakers</b></p> <p>Eric Garner<br /> 8:30 a.m., &ldquo;Introduction and Overview: Surface and Groundwater Law and Relevant Legal Concepts&rdquo;<br /> 2:30 p.m., &ldquo;The Practical Application of Science to New Groundwater Regulation&rdquo;</p> <p>Shawn Hagerty<br /> 1:30 p.m., &ldquo;The Practical Application of Science to Current Water Quality Issues: Challenges of Certainty in an Uncertain World&rdquo;</p> <p><b>Topics</b></p> <ul> <li>Hydrology of surface water, groundwater and sub-surface flows</li> <li>Water supply forecasting</li> <li>Application of science to water quality issues</li> <li>New groundwater regulations</li> <li>The use of science in resolving water quality disputes and damages</li> </ul> <p><b>Audience</b></p> <ul> <li>Attorneys</li> <li>Consultants</li> <li>Real estate developers</li> <li>Agricultural water users</li> <li>Agency and Tribal representatives</li> <li>Anyone else involved in water issues in California</li> </ul> <p><b>Date:</b><br /> Oct. 7, 2014<br /> 8 a.m. &ndash; 5 p.m.</p> <p><b>Location:</b><br /> DoubleTree Guest Suites Santa Monica Hotel or Live via Webcast</p> <p><b>Continuing Education Credits</b><br /> Live credits: Law Seminars International is a State Bar of California approved MCLE provider. This program qualifies for 6.75 California MCLE credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.</p> <p>For more information, <a target="_blank" href="https://www.lawseminars.com/detail.php?SeminarCode=14HYCA"><font color="#0000ff">visit the Law Seminars International event page by clicking here</font></a>.</p>Conferences & Speaking Engagements07 Oct 2014 00:00:00 -0800http://www.bbklaw.com/?t=40&an=32004&format=xmlClimate Action Planning by Local Governmenthttp://www.bbklaw.com/?t=40&an=32363&format=xml<p>BB&amp;K attorneys <b>Fernando Avila</b> and <b>Charity Schiller</b> presented &ldquo;Urban Density, Transit, Water/Energy Conservation and Distributed Energy: Climate Action Planning by Local Government&rdquo; at CLE International&rsquo;s &ldquo;California Greenhouse Gas Regulations&rdquo; two-day program.</p> <p><b>When:</b><br /> Oct. 6, 2014<br /> 3:30 p.m.</p> <p><b>Location:</b><br /> Hotel Nikko, San Francisco<br /> For more information or to register, visit CLE International by <a target="_blank" href="http://www.cle.com/product.php?proid=1469&amp;src=Featured&amp;page=California_Greenhouse_Gas_Regulations"><font color="#0000ff">clicking here</font></a>.</p>Conferences & Speaking Engagements07 Oct 2014 00:00:00 -0800http://www.bbklaw.com/?t=40&an=32363&format=xmlCEQA Associate - Riverside, Irvine or LAhttp://www.bbklaw.com/?t=40&an=7930&format=xml<p>Our Environmental &amp; Natural Resources Group has an immediate opening for an associate with a minimum of 4 years of CEQA experience (both transactional and litigation), as well as land use experience. A planning background is ideal.&nbsp; The attorney can be based in our Riverside, Irvine or Los Angeles office; however, he/she must be willing to work out of our Riverside office regularly and as needed.<br /> <br /> Qualified applicants are invited to apply online by clicking the link below. Applicants must attach a resume, transcript and cover letter to be considered for employment. This self-apply feature is compatible with Internet Explorer 6, 7, 8 &amp; 9, Mozilla Firefox for Windows, or Safari for Macintosh.<br /> <br /> <a target="_blank" href="https://lawcruit.micronapps.com/sup/lc_supp_jobpost.aspx?%40Pl3%3cKWEX%40=2%3e4&amp;%3db8=8_CG">lawcruit.micronapps.com/sup/lc_supp_jobpost.aspx</a></p> <p>Please address your cover letter to:<br /> <br /> <strong><span>Jill N. Willis<br /> </span></strong><span><em>Chief Talent Officer<br /> </em>Best Best &amp; Krieger LLP<br /> 300 South Grand Avenue, 25th Floor<br /> Los Angeles, CA 90071<br /> </span><em><span><br /> </span><strong><span><em><strong>No phone calls please</strong></em><br /> <br /> <b><i>Best Best &amp; Krieger LLP is an Equal Opportunity Employer.</i></b></span></strong></em></p>Job Openings at BB&K07 Oct 2014 00:00:00 -0800http://www.bbklaw.com/?t=40&an=7930&format=xmlGovernor Signs Legislation Amending California's Water Service Duplication Statutehttp://www.bbklaw.com/?t=40&an=33541&format=xml<p>Assembly Bill 2443, signed Monday by Gov. Jerry Brown, amends California&rsquo;s Water Service Duplication Statute to allow for political subdivisions, such as municipalities or county water districts, to provide recycled water service to customers within the service area of privately owned water companies that do not currently provide recycled water service, upon the political subdivision&rsquo;s compliance with the Water Recycling Act.</p> <p>Under previous law, the California Water Service Duplication Statute attempted to grant privately owned water companies the right to be paid compensation for the diminution in the value of their property occurring as a result of the duplication of water service by a political subdivision, which was interpreted by some to prevent the expansion of recycled water service.&nbsp;The lone exception to this rule was a legislative amendment that exempted the use of recycled water by entities in Los Angeles County from the compensation requirement of the Statute.&nbsp;</p> <p>Specifically, AB 2443 makes inapplicable the requirement that a mutual water company is entitled to compensation when a public agency constructs facilities to provide or extend recycled water service to the territory of the mutual water company and has fully complied with the Water Recycling Act. However, this exemption would not apply in the case of a public agency providing or extending recycled water service to the territory of the mutual water company that already provides recycled water service, or has developed specific plans to provide recycled water service, by Dec. 31.</p> <p>For more information about how this amendment to the Water Service Duplication Statute will affect your agency, please contact one of the attorney authors of this legal alert listed at right in the <a target="_blank" href="http://www.bbklaw.com/?t=5&amp;LPA=492&amp;format=xml"><span style="color: #0000ff">Environmental Law &amp; Natural Resources</span></a> practice group, or your <a target="_blank" href="http://www.bbklaw.com/?p=2099"><span style="color: #0000ff">BB&amp;K attorney</span></a>.</p> <p><i>Disclaimer: BB&amp;K legal alerts are not intended as legal advice. Additional facts or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information in this communiqu&eacute;.</i></p>Legal Alerts03 Oct 2014 00:00:00 -0800http://www.bbklaw.com/?t=40&an=33541&format=xmlA Summary of California Water Rights Systems and a Primer for Public Water Agency Directorshttp://www.bbklaw.com/?t=40&an=31201&format=xml<p>BB&amp;K attorneys Eric Garner and Jeff Ferre presented at the Water Education Foundation&rsquo;s 2014 Water 101 Workshop. This course offered the opportunity to learn the California water basics and water district board member governance. It was open to anyone interested in learning more about the history of, and the management structure of, water in California, and about the key water issues facing the State &ndash; including the drought, groundwater management and the potential for a 2014 water bond.</p> <p>BB&amp;K Managing Partner Eric Garner presented &ldquo;Summary of California Water Rights Systems&rdquo; on Thursday, Oct. 2 at 10:30 a.m. Eric discussed:</p> <ul> <li>Riparian Rights</li> <li>Appropriative Rights</li> <li>Groundwater Law and Cases</li> <li>Reasonable and Beneficial Use</li> <li>Public Trust Law and Cases</li> </ul> <p>BB&amp;K Partner Jeff Ferre presented &ldquo;Governance Primer for Water District Directors&rdquo; on Friday, Oct. 3 at 9 a.m. He spoke about:</p> <ul> <li>The Role and Responsibilities of a Water District Director</li> <li>Building an Effective Board</li> <li>The Brown Act &ndash; Basic Requirements</li> <li>The Fair Political Practices Act &ndash; Basic Requirements</li> <li>Conflict of Interest Code</li> <li>Requirements for Ethics Training</li> <li>Avoiding Common Legal and Political Pitfalls for Directors</li> </ul> <p><strong>Audience:<br /> </strong>The course&nbsp;was especially beneficial to water resource industry staff, engineering and environmental firm personnel, legislators, legislative staff, press, advocates, stakeholders, environmentalists, public interest organizations and water district directors.</p> <p><strong>When:</strong><br /> Thursday, Oct. 2 &ndash; Friday, Oct. 3, 2014</p> <p><strong>Where:<br /> </strong>The Cucamonga Valley Water District&rsquo;s Frontier Project in Rancho Cucamonga</p> <p>For more information, please click <a target="_blank" href="http://www.watereducation.org/foundation-event/water-101-workshop"><span style="color: #0000ff"><span style="background-color: #ffffff">here</span></span></a>.</p>Conferences & Speaking Engagements02 Oct 2014 00:00:00 -0800http://www.bbklaw.com/?t=40&an=31201&format=xmlNew Law Requires Formal Consultation with Native American Tribes During CEQA Processhttp://www.bbklaw.com/?t=40&an=33399&format=xml<p>Assembly Bill 52, signed yesterday by Gov. Jerry Brown, seeks to protect a new class of resources under CEQA: &ldquo;tribal cultural resources.&rdquo; It requires that lead agencies undertaking CEQA review must, upon request of a California Native American tribe, begin consultation prior to the release of a negative declaration, mitigated negative declaration or environmental impact report for a project. AB 52 does not go into effect immediately, but will apply to those projects for which a lead agency has issued a notice of preparation of an environmental impact report or notice of intent to adopt a negative declaration on or after July 1, 2015.</p> <p>Under AB 52, lead agencies must now evaluate, just as they do for other historical and archeological resources under CEQA, a project&rsquo;s potential impact to a &ldquo;tribal cultural resource.&rdquo; A tribal cultural resource is defined as a site, feature, place, cultural landscape, sacred place or object with cultural value to a California Native American tribe, which may include non-unique archeological resources previously subject to limited review under CEQA. &ldquo;California Native American tribes&rdquo; are all tribes (federally recognized or not) on the &ldquo;contact list&rdquo; maintained by the Native American Heritage Commission. If substantial evidence demonstrates that a project may cause a substantial adverse change to a tribal cultural resource, AB 52 provides that the project may have a significant effect on the environment. AB 52 also contains a list of potential mitigation measures, including a preference for preservation in place, which must be considered by a lead agency, unless it determines that the measure is infeasible.</p> <p>AB 52 requires that, by July 1, 2016 (note that this a year <i>after</i> the statute takes effect), NAHC must provide the tribes on its contact list with a list of all public agencies that may serve as a lead agency for projects within the geographic area within which the tribe is traditionally and culturally affiliated. NAHC must also inform these tribes how to request that public agencies notify the tribes about projects for the purposes of requesting consultation.</p> <p>Where a tribe requests, in writing, that a public agency inform it of proposed projects, the lead agency must notify the tribe within 14 days of determining that a project application is complete or deciding to undertake a project (i.e., prior to the release of the environmental document). If the tribe responds by requesting consultation, in writing, within 30 days of the notification, the lead agency must begin the consultation process within 30 days of receiving the request.</p> <p>Consultation may concern the level of environmental review necessary; the significance of a tribal cultural resource and of a project&rsquo;s impact on that resource; and project alternatives and/or mitigation, including those recommended by the tribe. During consultation, lead agencies must also follow certain confidentiality requirements concerning the tribal cultural resources at issue. Consultation ends when 1) the lead agency agrees to incorporate the mitigation requested by the tribe into the CEQA document (if a significant effect exists), or 2) the tribe or the lead agency conclude that agreement cannot be reached. If no agreement is reached, the lead agency must still consider feasible mitigation based on the standards in the statute.</p> <p>For more information about how this law will affect your agency and its CEQA review process, please contact one of the attorney authors of this legal alert listed at right in the <a target="_blank" href="http://www.bbklaw.com/?t=5&amp;LPA=492&amp;format=xml"><span style="color: #0000ff">Environmental Law &amp; Natural Resources</span></a> practice group, or your <a target="_blank" href="http://www.bbklaw.com/?p=2099"><span style="color: #0000ff">BB&amp;K attorney</span></a>.</p> <i>Disclaimer: BB&amp;K legal alerts are not intended as legal advice. Additional facts or future developments may affect subjects contained herein. Seek the advice of an attorney before acting or relying upon any information in this communiqu&eacute;.</i>Legal Alerts26 Sep 2014 00:00:00 -0800http://www.bbklaw.com/?t=40&an=33399&format=xmlBB&K Partner Eric Garner Named the Best Lawyers 2015 Water Law Lawyer of the Year in Los Angeleshttp://www.bbklaw.com/?t=40&an=33401&format=xml<p><b>LOS ANGELES, Calif.</b>&nbsp;- Best Best &amp; Krieger LLP is pleased to announce that Eric Garner was named the <i>Best Lawyers</i>&reg; 2015 Water Law &ldquo;Lawyer of the Year&rdquo; in Los Angeles. In <i>Best Lawyers </i>magazine, appearing in Los Angeles newspapers today, Garner is featured among the City&rsquo;s most prestigious lawyers, who were selected by their peers.</p> <p>In the magazine profile, Garner discusses how he&rsquo;s made water law his primary practice for 27 years, drawn to the field as early as law school because of its complexity. &ldquo;I thought water law was fascinating because it was so challenging to determine whose interests should come first,&rdquo; Garner said.</p> <p>Garner began his legal career at BB&amp;K, and has served as the firm&rsquo;s managing partner since 2005. <i>Best Lawyers</i> cites the work Garner has done in litigating and negotiating key agreements involving major western U.S. water bodies, including the Santa Maria and Antelope Valley groundwater basins, as well as work he&rsquo;s done internationally &mdash; such as helping South Africa rewrite its water laws after apartheid.</p> <p>He told <i>Best Lawyers</i> his success is a testament to the mentors he&rsquo;s had over the years. &ldquo;From working with brilliant lawyers, I&rsquo;ve learned that being creative is perhaps the most important part of resolving disputes in this area,&rdquo; Garner said.</p> <p>&ldquo;Only a single lawyer in each practice area and designated metropolitan area is honored as &lsquo;Lawyer of the Year,&rsquo; making this accolade particularly significant,&rdquo; according to <i>Best Lawyers</i>.</p> <p align="center">###</p> <b><i>Best Best &amp; Krieger&rsquo;s Water Rights</i></b><i> practice area is a nationally recognized force in water law since James Krieger&rsquo;s significant role in implementing the State Water Project. As general counsel to water providers, BB&amp;K represents dozens of public agencies that serve water to more than 21 million people, in addition to countless developer, agricultural and manufacturing clients. We regularly advise public agency and private clients on all aspects regarding allocation of scarce water supplies. For more information, visit </i><i><a target="_blank" href="http://www.bbklaw.com/"><span><font color="#0000ff">www.bbklaw.com</font></span></a><span> or follow <a target="_blank" href="https://twitter.com/bbklaw"><span style="color: #0000ff">@BBKlaw </span></a>or <a target="_top" href="https://twitter.com/bbkericgarner"><span style="color: #0000ff">@BBKEricGarner </span></a>on Twitter.</span></i>Press Releases26 Sep 2014 00:00:00 -0800http://www.bbklaw.com/?t=40&an=33401&format=xml