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-us30 Oct 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=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=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 is the program chair of the event, and Partners <b>Paeter Garcia</b> and <b>Kelly Salt</b> will be participating 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 will help 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 will provide their insight on the legal and policy issues facing the state&rsquo;s surface water, groundwater and alternative water supplies. Come and discover how California&rsquo;s drought is creating challenges and prompting new solutions for water resource management.</p> <p><b>BB&amp;K Speakers:</b><br /> <br /> Eric Garner will deliver the event&rsquo;s opening introduction and overview at 9 a.m. At 11:30 a.m., he will moderate the discussion &ldquo;The Groundwater Conundrum,&rdquo; which will explore 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 will appear as a panelist at 3 p.m. for a discussion titled, &ldquo;The Perfect Non-Storm: Permitting Development in Drought Conditions.&rdquo; Topics to be discussed include:</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> <p>Kelly Salt is participating on a panel at 4 p.m. called, &ldquo;Pricing the Way through a Water Shortage.&rdquo; Issues to be covered include:</p> <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> <p><b>Credits: </b><br /> <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 or to register, 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 is 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 will discuss methods that private companies are undertaking on their own efforts to protect water supplies essentials to their business models. The panel will also discuss 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, is co-moderating &ldquo;Three Mile Island, Chernobyl, Fukushima: lessons learned and being learned.&rdquo; This session will explore the legal lessons that we have learned as a result of the Three Mile Island, Chernobyl and Fukushima incidents. In particular, it will address how the legal community has responded to these incidents from a liability, regulatory and contractual perspective. It will also address 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 is 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 will discuss 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 will be 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> are 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 will explain 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 will examine 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 will help practitioners in both fields improve their overall understanding of these very interrelated fields just as water issues are front page news.</p> <p style="text-align: left"><strong><em>Half-price registration is available to BB&amp;K guests. Please call (206) 567-4490 or email </em></strong><strong><a href="http://wiseadmin.net/wise2/fckeditor/editor/dialog/ndawber@lawseminars.com%20"><em><font color="#0000ff">ndawber@lawseminars.com</font></em></a><em> and mention BB&amp;K to obtain this special discount.</em></strong></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>What You Will Learn</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>Who Should Attend</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> will present &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 will be presenting at the Water Education Foundation&rsquo;s 2014 Water 101 Workshop. This course offers the opportunity to learn the California water basics and water district board member governance. It is 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 will present &ldquo;Summary of California Water Rights Systems&rdquo; on Thursday, Oct. 2 at 10:30 a.m. Eric will discuss:</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 will present &ldquo;Governance Primer for Water District Directors&rdquo; on Friday, Oct. 3 at 9 a.m. He will speak 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 will be 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>Where:<br /> The Cucamonga Valley Water District&rsquo;s Frontier Project in Rancho Cucamonga</p> <p>For more information or to register, 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=xmlGovernor Signs New Laws Amending California's Urban Water Management Planning Acthttp://www.bbklaw.com/?t=40&an=33369&format=xml<p>Under new amendments to California&rsquo;s Urban Water Management Planning Act, urban water suppliers will be required to provide narrative descriptions of their water demand management measures and account for system water losses when preparing Urban Water Management Plans, among other changes. The amended Act, created by Gov. Jerry Brown&rsquo;s signature on Assembly Bill 2067 and Senate Bill 1420 last week, also establishes July 1, 2016 as the deadline for urban water suppliers to prepare and submit their 2015 UWMPs to the Department of Water Resources.</p> <p>Water supply planning in California is more important now than ever before. To that end, the Act generally requires all wholesale and retail urban water suppliers &mdash; whether publicly or privately owned &mdash; that provide water directly or indirectly for municipal purposes to more than 3,000 customers, or more than 3,000 acre-feet per year, to prepare an UWMP. The standard timing requirement is that UWMPs must be adopted at least once every five years on or before December 31 in years ending in five and zero (i.e., 2005, 2010, 2015). Based on previous legislation, the deadline for adopting and submitting the 2010 UWMPs was extended to July 1, 2011, which gave water agencies additional time to comply with the then-new requirements of the Water Conservation Act of 2009 (otherwise known as SBX7-7). Under AB 2067, the deadline for agencies to adopt and submit the next round of 2015 UWMPs will be extended to <b>July 1, 2016</b>. Also notable, SB 1420 amended the Act to require agencies to electronically submit their UWMPs to DWR, and to include any standardized forms, tables, or displays specified by DWR.</p> <p>Demand management remains a critical component of the UWMP process. This was made abundantly clear in 2009 when SBX7-7 was passed to require a statewide 20 percent reduction in urban per capita water use by Dec. 31, 2020. SBX7-7 substantially expanded the role of UWMPs by requiring all urban retail water suppliers to develop baseline daily per capita water use data, urban water use targets, and other technical information, and to report all of the information in their 2010 UWMPs.</p> <p>AB 2067 and SB 1420 mark a continued focus on water use reduction strategies. As amended, the Act will require urban retail water suppliers to provide a &ldquo;narrative description&rdquo; that addresses the nature and extent of each water demand management measure implemented over the last five years, the measures the supplier plans to implement to achieve its water use targets in accordance with SBX7-7, and specific descriptions of certain water saving practices. Urban wholesale water suppliers will also be required to provide narrative descriptions for certain water-saving practices. In addition, the amended Act will require UWMPs to quantify &ldquo;distribution system water loss&rdquo; as a new category of a water supplier&rsquo;s past and current water use. Furthermore, the Act has been amended to allow water use projections to account for water savings estimated to result from applicable codes, standards, ordinances and transportation and land use plans.</p> Similar to when SBX7-7 made it more complicated to prepare the 2010 UWMPs, AB 2067 and SB 1420 have added new requirements and procedures for preparing the next round of 2015 UWMPs. Best Best &amp; Krieger LLP has represented myriad retail and wholesale water providers throughout the state in preparing their UWMPs, Water Supply Assessments, Written Verifications and other water supply analyses required by law. <br /> <br /> <p>For more information about how the Urban Water Management Planning Act 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: rgb(0,0,255)">Environmental Law &amp; Natural Resources</span></a><span style="color: rgb(0,0,255)"> </span>practice group, or your <a target="_blank" href="http://www.bbklaw.com/?p=2099"><span style="color: rgb(0,0,255)">BB&amp;K attorney</span></a>.<br /> <br /> <em>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;</em></p>Legal Alerts24 Sep 2014 00:00:00 -0800http://www.bbklaw.com/?t=40&an=33369&format=xmlIn response to drought, California takes historic step to regulate groundwaterhttp://www.bbklaw.com/?t=40&an=33331&format=xml<p>The crisis spawned by California's now three-year drought has led state leaders to pass a law thought politically impossible even just a few years ago - a statewide scheme imposing controls on groundwater pumping.</p> <p>Gov. Jerry Brown, who tried and failed to address the problem of rampant groundwater extraction during the last drought in the 1970s, signed the historic legislation into law last week.</p> <p>Groundwater use has been largely unregulated in the state and the new law comes as increased pumping is causing wells to go dry and land to subside around the state, particularly in the Central Valley.</p> <p>The bill was supported by a wide array of interests, from environmentalists to urban water suppliers. Agricultural interests, including the California Farm Bureau Federation, opposed it.</p> While hailing the significance of the law, water lawyers say it raises questions, including how the new law will interact with the well-developed common law on groundwater pumping rights, how local governments skill cooperate, and how aggressively the state will oversee local efforts. <br /> <br /> &hellip; <p>Eric L. Garner, another longtime water attorney, said he didn't think he'd see comprehensive groundwater law pass in his career but that it's enormously important.</p> <p>&quot;There are simply too many people in the state and too much demand on water, and groundwater is too important to not be managed,&quot; said Garner, managing partner at Best Best &amp; Krieger L.L.P. &quot;We have to manage this resource for the long term.&quot;</p> <p>&hellip;</p> <p>This new law- offers an alternative that is 'hopefully quicker and more efficient&quot; than adjudications, which can last 10 or 15 years, Garner said.</p> <p>&quot;Optimistically, one would like to say that the planning process, which is participatory and broad-based, will reduce litigation, but realistically, when some pumpers are faced with either reducing pumping or paying substantially more for what they pump, that's when litigation breaks out,&quot; Garner said.</p> <p>Another incentive that could motivate people to take a more cooperative approach is a desire to keep the State Water Resources Control Board from stepping in and imposing a plan, Garner said.</p> <p><i>Click <a target="_blank" href="http://www.dailyjournal.com/subscriber/submain.cfm#section=DJStoryContent.cfm%3Fseloption%3DNEWS%26pubdate%3D09/22/2014%26shNewsType%3DNews%26NewsId%3D937322%26sdivId%3DmainContent1"><span style="color: #0000ff">here</span></a>&nbsp;to read the entire article published on Sept. 22, 2014 in the Daily Journal (subscription required).</i></p>BB&K In The News22 Sep 2014 00:00:00 -0800http://www.bbklaw.com/?t=40&an=33331&format=xmlNew Law Requires Cities and Counties to Expedite Their Permitting Processes for Small Residential Rooftop Solar Systemshttp://www.bbklaw.com/?t=40&an=32617&format=xml<p>A new law imposes requirements on cities and counties regarding permitting for small residential rooftop solar energy systems. Under <a target="_blank" href="http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140AB2188"><span style="color: #0000ff">AB 2188</span></a>, signed Sunday by Gov. Jerry Brown, cities and counties must adopt ordinances, or amend their current ordinances, to create expedited, streamlined permitting processes for small rooftop solar energy systems by Sept. 30, 2015.</p> <p>To comply with the new law, cities and counties must adopt permitting procedures that conform to the expedited permitting recommendations in the current version of the &ldquo;California Solar Permitting Guidebook.&rdquo; In addition, cities and counties must adopt a requirements checklist that small rooftop solar energy systems must comply with to be eligible for expedited review. Cities and counties must publish their checklists and other required permitting documentation on their websites.</p> <p>According to the new law, an application that meets the checklist&rsquo;s information requirements is deemed complete; and if an application is incomplete, the city or county must issue a written correction notice. AB 2188 also requires that cities and counties accept electronic submissions of applications and electronic signatures. After an application is complete, and if it is consistent with the city&rsquo;s or county&rsquo;s solar permitting ordinance, the city or county may approve the application. However, cities and counties cannot condition their approval on the approval of an association that manages a common interest development. Only one inspection, which is done in a timely manner, is required for a small rooftop solar energy system that is eligible for expedited review.</p> <p>The requirements outlined in AB 2188 apply only to residential rooftop solar energy systems that are no larger than 10 kilowatts or 30 kilowatts thermal. The systems must be installed on a single or duplex family dwelling, comply with local codes and the California Electrical Code, and not exceed the maximum legal building height. In addition, solar energy systems for heating water in single family residences and solar collectors that heat water in commercial or swimming pool applications must be certified by an accredited listing agency.</p> <p>For more details or questions about this new law, please contact one of the attorney authors of this legal alert listed at the right in the <a target="_blank" href="http://www.bbklaw.com/?t=5&amp;LPA=479&amp;format=xml"><span style="color: #0000ff">Renewable Energy group</span></a>, or your <a target="_blank" href="http://www.bbklaw.com/?p=2099"><span style="color: #0000ff">BB&amp;K attorney</span></a>.<br /> <br /> <em>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;</em></p>Legal Alerts22 Sep 2014 00:00:00 -0800http://www.bbklaw.com/?t=40&an=32617&format=xmlCEQA: California Environmental Quality Acthttp://www.bbklaw.com/?t=40&an=31522&format=xml<p>BB&amp;K attorneys Michelle Ouellette and Fernando Avila were among the faculty at this day-long seminar on CEQA. As the cornerstone of the state's environmental protection laws, CEQA tends to be a focus for lawsuits challenging the land-use decisions of public agencies. Developing strategies for surviving potential litigation is an important aspect of preparing sound CEQA documents.</p> <p>This&nbsp;seminar provided the tools&nbsp;needed to develop effective CEQA compliance strategies. The essentials of preparing legally defensible CEQA documents and examination of solutions to real projects&nbsp;were discussed.</p> <p><strong>When:</strong><br /> Friday, Sept. 19, 2014<br /> 9 a.m. &ndash; 4:30 p.m.</p> <p><strong>Where:</strong><br /> Hampton Inn &amp; Suites Riverside/Corona East<br /> 4250 Riverwalk Parkway<br /> Riverside, CA 92505</p> <p>For more information, click <a target="_blank" href="http://www.lorman.com/training/ceqa-california-environmental-quality-act-393990"><u><span style="color: #0000ff">here</span></u></a>.</p>Conferences & Speaking Engagements19 Sep 2014 00:00:00 -0800http://www.bbklaw.com/?t=40&an=31522&format=xmlBB&K Attorney Named to State Bar and League of California Cities Committeeshttp://www.bbklaw.com/?t=40&an=33222&format=xml<p><b>SAN FRANCISCO, Calif.</b>&nbsp;- Christopher Diaz, of counsel in Best Best &amp; Krieger&rsquo;s Walnut Creek, Calif. office, was appointed at the California State Bar&rsquo;s annual meeting on Friday to the Bar&rsquo;s Public Law Section Executive Committee.&nbsp;Diaz also recently served on the League of California Cities&rsquo; Resolutions Committee.</p> <p>&ldquo;I&rsquo;m looking forward to being a part of the Public Law Section Executive Committee, which serves current and up-and-coming public law attorneys,&rdquo; Diaz said. &ldquo;I&rsquo;ve always been drawn to public law issues, and I&rsquo;m honored to be able to serve in this capacity.&rdquo;</p> <p>During his three-year commitment on the 16-member committee, Diaz will help promote the practice of public law for Section members and will assist the Section with conferences, mentoring, outreach, training and editing its <i>Public Law Journal</i>.</p> <p>&ldquo;Chris has brought an amazing work ethic and passion for public agency representation to our firm, and I'm eager to see him share those talents with public lawyers throughout the state,&quot; said BB&amp;K Partner Scott Smith, who has one more year in his term on the Section committee.</p> <p>Diaz represents public agencies in a wide range of government law issues, with an emphasis on the California Environmental Quality Act, land use, conflicts of interest and ethics laws, and the Brown Act. He is a member of the firm&rsquo;s Municipal Law, Environmental Law &amp; Natural Resources and Special Districts practice groups. He currently serves as assistant city attorney for the Town of Colma and the cities of Lafayette and Clayton. He also serves as assistant general counsel for Local Agency Formation Commission of Santa Clara County.</p> <p>As a member of the League&rsquo;s Resolutions Committee, Diaz helped formulate positions for the influential group of municipal officers and representatives on upcoming policy matters. This year, the Committee addressed the issue of illegal marijuana cultivation and its impact on habitat and water supply. Diaz previously served on the League&rsquo;s Community Services Policy Committee from 2013-14.&nbsp;</p> <p>&ldquo;The League serves as an invaluable resource to local government, and it has been an honor to work closely with other local government representatives from across the state in setting policy objectives for the League,&rdquo; Diaz said.</p> <p>Diaz earned his law degree from the University of California, Los Angeles and his bachelor&rsquo;s degree from the University of California, San Diego.</p> <p style="text-align: center">&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; ###</p> <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><i><a target="_blank" href="http://www.bbklaw.com/"><font color="#0000ff">www.bbklaw.com</font></a> or follow @BBKlaw on Twitter.</i></p>Press Releases15 Sep 2014 00:00:00 -0800http://www.bbklaw.com/?t=40&an=33222&format=xml