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-us25 Mar 2015 00:00:00 -0800firmwisehttp://blogs.law.harvard.edu/tech/rssCalifornia's Water: Drought, Finding Water, The Water Bond and Interpreting New Groundwater Regulationhttp://www.bbklaw.com/?t=40&an=37949&format=xml<p>Best Best &amp; Krieger LLP Managing Partner Eric Garner is the program chair and a speaker, along with BB&amp;K attorneys Joseph Byrne, Glen Price and Kelly Salt, at The Seminar Group&rsquo;s &ldquo;California&rsquo;s Water: Drought, Finding Water, The Water Bond and Interpreting New Groundwater Regulation.&rdquo;</p> <p>This program will discuss important new water-related legislation, what the public and private sectors are doing to deal with the existing drought, and what our water future holds. This is a critical time in water law. How we address some of the pressing issues that face us will impact the future of California in many ways, including how the State continues to develop and grow. The program is designed for business persons who want to know how water issues may affect them going forward, as well as water professionals wanting the latest information.</p> <p><b>BB&amp;K Speakers</b><br /> <br /> Eric Garner<br /> 9 a.m. &nbsp;Introduction and Overview<br /> 3 p.m. &ldquo;Where Do You Stand? Complying with New Groundwater Regulations and Preparing for More Legislation&rdquo;</p> <p>Kelly Salt<br /> 11:15 a.m. &ldquo;Water Conservation: Best Practices and Dealing with the Financial Impacts of Successful Conservation&rdquo;</p> <p>Glen Price<br /> 1:45 p.m. &ldquo;Making Sure Your New Development Has Water and/or Rights&rdquo;</p> <p>Joseph Byrne (also chair of the California Water Commission)<br /> 4 p.m. &ldquo;How to Find Money and Finance Water Projects as Regulatory Requirements Increase&rdquo;</p> <p><strong>When</strong><br /> Friday, May 15, 2015<br /> 9 a.m. &ndash; 4:30 p.m.</p> <p><strong>Where</strong><br /> DoubleTree by Hilton L.A. Downtown<br /> 120 S. Los Angeles Street<br /> Los Angeles, CA 90012</p> <p>For more information or to register, visit <a target="_blank" href="http://www.theseminargroup.net/seminardetl.aspx?id=1467"><span style="color: #0000ff">The Seminar Group&rsquo;s website</span></a>.</p>Conferences & Speaking Engagements15 May 2015 00:00:00 -0800http://www.bbklaw.com/?t=40&an=37949&format=xmlLaw of the Colorado River: Meeting Demand During Unprecedented Droughthttp://www.bbklaw.com/?t=40&an=37999&format=xml<p>Best Best &amp; Krieger LLP Of Counsel Roderick Walston will discuss <i>Agua Caliente vs. Coachella Valley Water District and Desert Water Agency</i> during the &ldquo;Addressing Tribal Concerns&rdquo; panel of the two-day conference &ldquo;Law of the Colorado River: Meeting Demand During Unprecedented Drought.&rdquo;</p> <p><strong>When</strong><br /> Friday, May 1, 2015<br /> 8:45 a.m.</p> <p><strong>Where</strong><br /> Planet Hollywood Las Vegas</p> <p>For more information or to register, visit the <a target="_blank" href="http://www.cle.com/product.php?proid=1518&amp;src=Featured&amp;page=Law_of_the_Colorado_River"><span style="color: #0000ff">event page at CLE</span></a>.</p>Conferences & Speaking Engagements01 May 2015 00:00:00 -0800http://www.bbklaw.com/?t=40&an=37999&format=xmlIMLA's 2015 Mid-Year Seminarhttp://www.bbklaw.com/?t=40&an=37676&format=xml<p>Join BB&amp;K at IMLA&rsquo;s four-day mid-year seminar in Washington D.C.</p> <p><b>BB&amp;K Speakers</b></p> <p>Andre Monette: &ldquo;Land Use Sustainability Code and Stormwater&rdquo;<br /> Friday, April 24<br /> 2:50-3:50 p.m.</p> <p>Joseph Van Eaton and Gerard Lederer: Telecomm: An On Overview of FCC Regulations&rdquo;<br /> Sunday, April 26<br /> 9 &ndash; 10:30 a.m.</p> <p>Visit Gerard Lederer and John Freshman, BB&amp;K&rsquo;s senior director of Governmental Affairs, at the WONK Breakfast on Monday, April 27 from 7:30 to 9 a.m.<br /> <br /> <strong>When</strong>: <br /> April 24 &ndash; 27, 2015</p> <p><strong>Where</strong>:<br /> Omni Shoreham, Washington, D.C.</p> <p>For more information or to register, visit the <a target="_blank" href="http://www.imla.org/events/seminars/490-2015-mid-year-seminar#news"><span style="color: #0000ff">IMLA website</span></a>.</p>Conferences & Speaking Engagements24 Apr 2015 00:00:00 -0800http://www.bbklaw.com/?t=40&an=37676&format=xmlPerformance Measures - Accountability and Transparency Certifications Through CSDA and Othershttp://www.bbklaw.com/?t=40&an=38432&format=xml<p>BB&amp;K Partner Kara Ueda will present &ldquo;Performance Measures &ndash; Accountability and Transparency Certifications Through CSDA and Others&rdquo; at the 2015 CALAFCO Annual Staff Workshop.</p> <p><strong>When</strong><br /> Thursday, April 16, 2015<br /> 1:45 &ndash; 3 p.m.</p> <p><strong>Where</strong><br /> Holiday Inn Express<br /> Grass Valley, CA</p> <p>For more information or to register, <a target="_blank" href="http://www.calafco.org/index.php/education/conferences-workshops"><span style="color: #0000ff">click here.</span></a></p>Conferences & Speaking Engagements16 Apr 2015 00:00:00 -0800http://www.bbklaw.com/?t=40&an=38432&format=xmlLand to Sea... Strategies to Solutionshttp://www.bbklaw.com/?t=40&an=37367&format=xml<p>Best Best &amp; Krieger LLP attorneys Paeter Garcia, Charity Schiller, Michelle Ouellette and Sarah Owsowitz will be among the featured speakers at the Association of Environmental Professionals Conference March 22-25, 2015 in Santa Barbara.</p> <p><b>BB&amp;K Speakers</b></p> <p>Paeter Garcia and Charity Schiller, &ldquo;CEQA and the Big Drought&rdquo;</p> <p>California&rsquo;s ongoing drought poses numerous challenges, with consequences for both the state&rsquo;s physical and regulatory environments. This panel will address how CEQA is being applied, or in some cases waived, for projects intended to provide drought relief, and it will also discuss challenges related to completing legally defensible CEQA documents for projects that will be built under drought conditions. Paeter will discuss the complexities of water supply planning and preparing Water Supply Assessments when almost any water source may be subject to unknown levels of future curtailment as the drought drags on. Charity will provide an overview of the exemptions to CEQA contained in Gov. Jerry Brown&rsquo;s two emergency drought declarations and how these apply, or don&rsquo;t, to many of the water supply projects that are being developed by local governments and water districts.&nbsp; She will also discuss legal defensibility as it relates to water supply conclusions contained in CEQA documents.</p> <p>Michelle Ouellette, &ldquo;Whiskey is for Drinking; Water is for Fighting Over: The Saga of the Cadiz Litigation 2.0&rdquo;</p> <p>In August 2014, an Orange County Superior Court judge issued rulings in six related lawsuits concerning the Cadiz Valley Water Conservation, Recovery and Storage Project. The Cadiz project has been contentious, with several lawsuits filed by labor unions, environmental groups and a private salt mining company.&nbsp; &nbsp;As described by proponents, the Cadiz project is a public-private partnership between the Santa Margarita Water District and Cadiz, Inc. designed to manage a groundwater basin in San Bernardino County, capturing groundwater that would ultimately flow to hyper-saline lakes and evaporate. As described by opponents, they argue the Project is a water mining and privatization scheme that will harm a fragile desert ecosystem and fuel unsustainable growth. &nbsp;Given the years of controversy, a wide variety of CEQA, water and other issues were considered by Judge Gail Andler, who ultimately upheld the agencies&rsquo; decisions in all of the lawsuits.</p> <p>Sarah Owsowitz, &ldquo;Tribal Cultural Resources in CEQA, AB 52 Explained&rdquo;</p> <p>This dynamic panel will detail features and requirements of the new CEQA law on avoidance, preservation or mitigation of Tribal Cultural Resources, AB 52, and discuss strategies&nbsp; for preparing, entering into, and concluding consultation with Tribal Governments. If you are an environmental consultant, public agency representative, developer, or legal counsel who may have tribal cultural resources in your CEQA documents, then this presentation is for you. This panel will answer the following questions: What is AB 52, and how does it work? When does the law go into effect? What is the impact on my current environmental document? How do I consult with Tribal Governments? What is the role of the Lead Agency, the Project Proponent, and the California Native American Tribe in the consultation process?</p> <p><b>When<br /> </b>March 22-25, 2015</p> <p><b>Where</b><br /> Fess Parker Resort, Santa Barbara</p> <p>For more information or to register, <a target="_blank" href="https://www.califaep.org/events/2015-conference"><span style="color: #0000ff">click here.</span></a></p>Conferences & Speaking Engagements22 Mar 2015 00:00:00 -0800http://www.bbklaw.com/?t=40&an=37367&format=xmlCalifornia's State Water Resources Control Board Renews and Imposes Stricter Emergency Water Conservation Regulationshttp://www.bbklaw.com/?t=40&an=38346&format=xml<p>California&rsquo;s State Water Resources Control Board approved a resolution today renewing and updating statewide emergency water conservation regulations adopted by the Board last year that were set to expire on April 25. The Office of Administrative Law still needs to approve the new regulations before they become effective.</p> <p>In many ways, the new regulations re-adopt the same or similar water conservation measures that exist under the current regulations. All retail urban water suppliers (suppliers providing water to more than 3,000 municipal customers or supplying more than 3,000 acre-feet per year) must either (1) implement all requirements and actions of their water shortage contingency plans that include mandatory restrictions on the number of days that potable water can be used for outdoor irrigation of ornamental landscapes or turf, or (2) submit an alternate plan that includes allocation-based rate structures which, in conjunction with other measures, will achieve a level of conservation superior to that achieved by limiting outdoor irrigation to no more than two days per week. For urban water suppliers that do not have a water shortage contingency plan that restricts the number of days potable water can be used for outdoor irrigation, the new regulations will require them to limit such irrigation to no more than two days per week.</p> <p>The new regulations also impose several new requirements on retail urban water suppliers, which must now:</p> <ul> <li>Promptly notify customers of potential water leaks within a customer&rsquo;s exclusive control; and</li> <li>Include in their monthly monitoring report the population served, the percentage of water produced that is used for the residential sector, statistics on water conservation compliance and enforcement efforts, and number of days outdoor irrigation is allowed.</li> </ul> <p>Smaller entities that distribute a public water supply but do not qualify as urban water suppliers must either (1) limit the use of potable water for outdoor irrigation to no more than two days per week, or (2) implement mandatory conservation measures intended to achieve a 20 percent reduction in water consumption relative to 2013 (as compared to a &ldquo;comparable&rdquo; reduction in last year&rsquo;s regulation).</p> <p>In addition, the new regulations re-adopt existing end user restrictions and impose several new requirements which:</p> <ul> <li>Prohibit landscape irrigation within 48 hours after measurable rainfall;</li> <li>Prohibit the hospitality industry from serving drinking water, unless requested by patrons; and</li> <li>Require hotels and motels to provide guests with notice of the option to not have towels and linens washed daily.</li> </ul> <p>Similar to the existing regulations, the new regulations do not apply to water wholesalers or the wholesale operations of combined retail/wholesale water suppliers. The State Board recognizes that the new regulations will likely decrease&nbsp;revenues of urban water suppliers due to reduced water sales, and increase their costs by requiring additional reporting information. To the extent that reduced water sales are expected to cause budgetary shortfalls for the water suppliers, the Board urges suppliers to &ldquo;take immediate steps to raise necessary revenues in a way that actively promotes continued conservation,&rdquo; including rate structure changes.</p> <p>The Board and staff also emphasized during today&rsquo;s hearing that they will be looking at further regulations and measures in the future to continue to aggressively address the ongoing drought and need to conserve water throughout California.</p> <p>The new regulations will remain in effect for 270 days. For more information about the emergency drought regulations and how they may affect your agency, please contact one of the attorney authors of this legal alert listed to the right, an attorney 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 Alerts17 Mar 2015 00:00:00 -0800http://www.bbklaw.com/?t=40&an=38346&format=xmlLegal Options for Water Providers in Times of Droughthttp://www.bbklaw.com/?t=40&an=38386&format=xml<p>As the State Water Resources Control Board considers adopting a stronger regulation for urban water conservation, water agencies and localities are going to need all the tools in the toolbox to deal with customer demand. So what are the legal options available?</p> <p>Attorney Kelly Salt, a partner with the law firm Best Best &amp; Krieger, is experienced in assisting cities and water districts with utility rates and fees, including reviewing utility rate and fee studies, preparation of notices of public hearings, and establishing new and increased taxes, assessments, fees and charges.&nbsp; At the 2015 NWRI Drought Response Workshop, Ms. Salt gave a presentation on the legal tools available in the state constitution and water code that are of concern to water agencies and localities as they consider rate changes, water conservation programs, and fines and penalties.</p> <p>&ldquo;The preeminent law that governs us all when it comes to water use is Article 10, Section 2, simply stated, says that the constitution requires that the water resources of the state shall be protected, and unreasonable water use prevented,&rdquo; Kelly Salt began.&nbsp; That amendment was adopted in 1928, but there are other provisions that govern water use, she said.</p> <p>&hellip;</p> <p><i>To read the full article in Maven&rsquo;s Notebook, which ran March 17, 2015, <a target="_blank" href="http://mavensnotebook.com/2015/03/17/legal-options-for-water-agencies-and-localities-in-times-of-drought/"><span style="color: #0000ff">click here</span></a>.</i></p>BB&K In The News17 Mar 2015 00:00:00 -0800http://www.bbklaw.com/?t=40&an=38386&format=xmlWater Issues: 2015 Editionhttp://www.bbklaw.com/?t=40&an=37694&format=xml<p>Best Best &amp; Krieger Managing Partner Eric Garner is among the panelists discussing &ldquo;Water Issues: 2015 Edition&rdquo; at the USC Gould School of Law 2015 Real Estate Law and Business Forum. Get updated on the drought, how Southern California is dealing with it and how it will impact development now and in the future. Learn about the drought&rsquo;s potential impact on the ability of development to meet CEQA requirements and comply with Water Supply Assessment requirements, and pending cases that could impact real estate water availability. Eric will be joined on the panel by Building Industry Association of Southern California Environmental Affairs Director Mark Grey and Metropolitan Water District of Southern California General Manager Jeffrey Kightlinger.</p> <p><b>Real Estate Law and Business Forum</b></p> <p>For more than 10 years, the USC Gould School of Law Real Estate Law and Business Forum has been the most highly attended law and business conference in the area. Programming is designed to appeal to both professionals and business people across the real estate field. Speakers include nationally-known business and legal leaders. The focus is on opportunities - for you and for your clients - and how to maximize potential in the current real estate market.</p> <p><strong>When</strong><br /> Thursday, March 12<br /> 1:45 p.m.</p> <p><strong>Where</strong><br /> Jonathan Club<br /> 545 S. Figueroa St.<br /> Los Angeles, CA</p> <p>For more information or to register, visit the <a target="_blank" href="http://weblaw.usc.edu/why/academics/cle/realestate/"><span style="color: #0000ff">USC Gould School of Law website</span></a>.</p>Conferences & Speaking Engagements12 Mar 2015 00:00:00 -0800http://www.bbklaw.com/?t=40&an=37694&format=xmlCalifornia Land Use Law & Policyhttp://www.bbklaw.com/?t=40&an=37112&format=xml<p>BB&amp;K Partner Michelle Ouellette co-chairs and BB&amp;K co-sponsors this two-day conference, which also features several BB&amp;K speakers. The economy has improved much throughout 2014 and is expected to continue to improve into 2015. Private development and municipal redevelopment is back. Private counsel, federal, state and municipal counsel, and land use consultants need to be ready to address the pent-up demand.</p> <p>Will you be ready? What are the new hurdles to private, federal, state and community development projects? Certainly climate change requirements, CEQA and related environmental requirements are in flux. And what about the newest high hurdle to clear&mdash;water supply? Even with recent heavy precipitation, the drought is far from over and water supply will likely remain a dominant hurdle to development in California.</p> <p>Other issues that need to be on your land use radar screen includes large-scale habitat and conservation planning projects; species and wetlands protection; coastal development challenges; medical marijuana sales and cultivation; and the controversial practice of &ldquo;ballot box&rdquo; end runs around traditional land use regulation and compliance.</p> <p>MCLE credit is available.</p> <p><b>BB&amp;K Speakers</b><br /> Shawn Hagerty: &ldquo;Stormwater Management and MS4 Permits &mdash; Get It Done Right the First Time&rdquo;<br /> Monday, March 9<br /> a.m.</p> <p>Charity Schiller: &ldquo;Life in the Country &mdash; Not Letting Climate Change Law Compliance Serve as a Barrier to Growth&rdquo;<br /> Monday, March 9<br /> 3:15 p.m.</p> <p>Jeffrey V. Dunn: &ldquo;Siting Medical Marijuana Dispensaries&rdquo;<br /> Monday, March 9<br /> 4:15 p.m.</p> <p><b>When</b><br /> Monday, March 9 &ndash; Tuesday, March 10, 2015</p> <p><b>Location</b><br /> Westin Hotel, Sacramento</p> <p>For see the entire program, <a target="_blank" href="http://images.magnetmail.net/images/clients/ARGENT/attach/CLUconf2015.pdf"><span style="color: #0000ff">click here</span></a>. To register, <a target="_blank" href="https://www.registrationheadquarters.com/events/?1e8d5c72f0d3403fb911a1f2593ad72ea&amp;mmurlid=63143569"><span style="color: #0000ff">click here.</span></a></p>Conferences & Speaking Engagements09 Mar 2015 00:00:00 -0800http://www.bbklaw.com/?t=40&an=37112&format=xmlACWA Legislative Symposium Focuses on Groundwater Adjudication, Prop. 218 Changeshttp://www.bbklaw.com/?t=40&an=38173&format=xml<p>ACWA&rsquo;s 2015 Legislative Symposium held in Sacramento today focused on key water issues being addressed this legislative session, including the streamlining of groundwater basin adjudications and possible changes to Proposition 218.</p> <p>The day-long conference, held at the Sacramento Convention Center, offered more than 140 attendees an opportunity to hear differing perspectives on water issues facing lawmakers this term. ACWA Vice President Kathy Tiegs opened the conference with welcoming remarks.</p> <p>The first panel &ndash; &ldquo;To Adjudicate or Not to Adjudicate? That is the Question&rdquo; &ndash; explored proposals to streamline the groundwater adjudication process. The streamlining was addressed in the context of how it might intersect with the newly passed Sustainable Groundwater Management Act. Eric Garner, an attorney with Best Best and Krieger, moderated the panel.</p> <p><i>To read the full article in ACWA Water News, which ran March 4, 2015, <a target="_blank" href="http://www.acwa.com/news/state-budget-fees/acwa-legislative-symposium-focuses-groundwater-adjudication-prop-218-changes"><span style="color: #0000ff">click here</span></a>.</i></p>BB&K In The News04 Mar 2015 00:00:00 -0800http://www.bbklaw.com/?t=40&an=38173&format=xmlCalifornia Supreme Court Makes Critical CEQA Ruling Regarding Categorical Exemptionshttp://www.bbklaw.com/?t=40&an=38124&format=xml<p>In a victory for public agencies and developers, the California Supreme Court issued its heavily anticipated ruling in <i>Berkeley Hillside Preservation v. City&nbsp;of&nbsp;Berkeley</i>, reversing the Court of Appeal. At issue was the City of Berkeley&rsquo;s determination that a proposed 6,478 square-foot home with an attached 3,394 square-foot garage, on a steep slope in a heavily wooded area, was categorically exempt from the California Environmental Quality Act pursuant to the categorical exemptions for single-family residences (CEQA Guidelines section&nbsp;15303) and in-fill development projects (CEQA Guidelines section&nbsp;15332).</p> <p>Project opponents argued the exemptions should not apply because of the presence of &ldquo;unusual circumstances&rdquo; per CEQA Guidelines section 15300.2(c) &ndash; namely, the house will be built on a steep slope. The Court of Appeal agreed, holding that evidence demonstrated a &ldquo;fair argument&rdquo; that the project might have an effect on the environment, which is <i><u>itself</u></i> an &ldquo;unusual circumstance,&rdquo; and thus the exemptions could not be used. The Supreme Court rejected this ruling and articulated a detailed test and standards of review for assessing the &ldquo;unusual circumstances&rdquo; exemption. It sent the case back to the Court of Appeal for further hearing consistent with that test and standards.</p> <p>Answering the key question posed in the litigation, the court held that the &ldquo;unusual circumstances&rdquo; exception can only be used to preclude the use of a categorical exemption if a two-prong test is satisfied. First, an agency must evaluate whether there is an &ldquo;unusual circumstance&rdquo; that differentiates the project from the general class of similarly situated projects. Second, the agency must consider whether the unusual circumstance that pertains to the project creates a &ldquo;reasonable possibility&rdquo; that the project may result in a &ldquo;significant environmental impact.&rdquo; The court expressly rejected the appellate court&rsquo;s interpretation of the &ldquo;unusual circumstances&rdquo; test, finding that &ldquo;the Court of Appeal erred by holding that a potentially significant environmental effect itself constitutes unusual circumstances.&rdquo;</p> <p>Next, in a move that will help agencies in their use of categorical exemptions, the court ruled that the &ldquo;substantial evidence&rdquo; standard of review applies to judicial review of an agency&rsquo;s decision as to whether &ldquo;unusual circumstances&rdquo; are present. The court observed that such a determination is a factual inquiry, with the agency serving as a finder of fact, and thus a court should uphold an agency&rsquo;s decision if it is supported by substantial evidence in the record. This holding is a terrific outcome for public agencies, as this standard of review is highly deferential.</p> <p>As to the second prong of the test, the court ruled that, once the presence of an &ldquo;unusual circumstance&rdquo; is established, a categorical exemption may not be used if there is a fair argument, supported by substantial evidence, that &ldquo;there is a reasonable possibility of a significant effect on the environment&rdquo; due to the &ldquo;unusual circumstance.&rdquo; While the &ldquo;fair argument&rdquo; standard of review does not grant a high level of deference to public agencies, it will be difficult for a project opponent to get to the second prong of the test because, if an agency&rsquo;s decision that there are no &ldquo;unusual circumstances&rdquo; is upheld by a court under the&rdquo; substantial evidence&rdquo; standard of review, the test is concluded.</p> <p>While the court did not provide a bright line definition for what constitutes an &ldquo;unusual circumstance,&rdquo; it did provide guidance for agencies in considering this question. It noted that &ldquo;evidence that a project <i>will</i> have a significant effect <i>does</i> tend to prove that some circumstance of the project is unusual.&rdquo; Further, it held that a party could also invoke the &ldquo;unusual circumstances&rdquo; exception by showing that a project &ldquo;has some feature that distinguishes it from others in the exempt class, such as its size or location.&rdquo; It also ruled that agencies have the discretion to consider conditions in the vicinity of a proposed project when determining whether the environmental effects of a project are unusual, holding that the Court of Appeal erred in finding that the unusual circumstances inquiry excluded consideration of the typical circumstances in a particular neighborhood.</p> <p>If you have any questions about this case or how it might impact your agency, please contact one of the attorney authors of this 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 Alerts03 Mar 2015 00:00:00 -0800http://www.bbklaw.com/?t=40&an=38124&format=xmlGroundwater Regulation and Management in Californiahttp://www.bbklaw.com/?t=40&an=35962&format=xml<p>Best Best &amp; Krieger LLP Partner Paeter Garcia is co-chair of Law Seminars International&rsquo;s two-day conference and webcast &ldquo;Groundwater Regulation and Management in California: Updates on Legal and Policy Developments; Practical Tips and Strategies,&rdquo; which will be held March 2-3, 2015 in Sacramento. Paeter, along with BB&amp;K Managing Partner Eric Garner, will also be speaking on panels.</p> <p>California's new Sustainable Groundwater Management Act is perhaps the most significant water law to be passed in the last 100 years. For the first time, California will implement broad reaching regulations over groundwater that will be phased in over the next several years. These new requirements will substantially affect future decisions in the areas of land use, the environment, agriculture and municipal water use, and many other aspects of California life.</p> <p>Join industry experts, leading attorneys and agency officials for a two-day conference regarding the mechanics and implications of the new Act. Topics include statewide perspectives in groundwater management, legal implications of the new laws, practical approaches and requirements for forming Groundwater Sustainability Agencies and developing Groundwater Sustainability Plans, the role of state agencies, funding issues, and practical examples of how real life groundwater disputes are resolved today.</p> <p>This comprehensive conference will provide local government, agricultural, environmental, attorney and consultant interests with a working knowledge of how to plan for the future under the new groundwater legislation.</p> <p><b>What You Will Learn</b></p> <ul type="disc"> <li>Geohydrology science and engineering</li> <li>Existing groundwater law and what AB 3030 changes</li> <li>Development of Groundwater Sustainability Agencies (GSAs) and Plans (GSPs)</li> <li>What to expect in terms of state assistance and involvement</li> <li>Relationship between AB 3030 planning and other planning requirements and processes</li> <li>Financing issues</li> <li>Resolving groundwater disputes: Options when informal methods, such as mediation, fail</li> <li>Contingency planning: What if a plan fails?</li> <li>Case studies of the issues in the most controversial areas</li> </ul> <p><b>BB&amp;K Speakers</b></p> <p>Paeter Garcia: &ldquo;Relationship Between Planning Under the Sustainable Groundwater Management Act and Other Planning Requirements and Processes&rdquo;<br /> Tuesday, March 3<br /> 8:45 &ndash; 10:15 a.m.</p> <p>Eric Garner: &ldquo;Resolving Groundwater Disputes: Options When Informal Methods, such as Mediation, Fail&rdquo;<br /> Tuesday, March 3<br /> 1:15 &ndash; 2 p.m.</p> <p><i>BB&amp;K is also co-sponsoring the reception for faculty and attendees at 5 p.m. on Monday, March 2.</i></p> <p><b>Where</b><br /> Courtyard Marriott Sacramento Midtown<br /> 4422 Y Street<br /> Sacramento, CA 95817</p> For more information or to register, please visit Law Seminars International by <a target="_blank" href="http://www.lawseminars.com/detail.php?SeminarCode=15WATCA"><span style="color: #0000ff">clicking here.</span></a>Conferences & Speaking Engagements02 Mar 2015 00:00:00 -0800http://www.bbklaw.com/?t=40&an=35962&format=xmlWestern Water Lawhttp://www.bbklaw.com/?t=40&an=35561&format=xml<p>Roderick E. Walston, who is of counsel at Best Best &amp; Krieger, is co-chair of, and was a featured panelist at, CLE International&rsquo;s Western Water Law. During this two-day event, experts from around the West and the nation, who are actively shaping the direction of water supply and quality issues, shared their experience and insights into the myriad of complex and legal issues surrounding water in the West.</p> <p>These topics were addressed:</p> <ul> <li>Perspectives on Federal Water Policy</li> <li>Ethics and Water Law</li> <li>Western Water Law Recap</li> <li>Federal Reserved Water Rights: Overview and Current Status</li> <li>Does the Reserved Rights Doctrine Apply to Groundwater?</li> <li>The Dispute Over the Rio Grande: Texas v. New Mexico</li> <li>California Adopts Groundbreaking Groundwater Legislation</li> <li>Regulation of Groundwater and Surface Water in Arizona</li> <li>How Are Western States Managing Water Supplies</li> <li>Federal Permitting and River Management</li> <li>Climate Change</li> <li>Water and Energy Development in Wyoming</li> <li>Endangered Species Act Issues: Delta Litigation in California</li> <li>Developments on the Clean Water Act</li> </ul> <p>Rod spoke on a panel titled &ldquo;Federal Reserved Water Rights&rdquo; on Thursday, Feb. 19, 2015 at 1:45 p.m.</p> <p><strong>When</strong><br /> Thursday, Feb. 19 &ndash; Friday, Feb. 20</p> <p><strong>Where</strong><br /> The Westin San Diego</p> <p>For more information, visit the CLE event page by <a target="_blank" href="http://www.cle.com/product.php?proid=1502&amp;src=Featured&amp;page=Western_Water_Law"><span style="color: #0000ff">clicking here</span></a>.</p>Conferences & Speaking Engagements19 Feb 2015 00:00:00 -0800http://www.bbklaw.com/?t=40&an=35561&format=xmlBB&K Welcomes Legislative Assistant Annick C. Miller Riverahttp://www.bbklaw.com/?t=40&an=37868&format=xml<p><b>WASHINGTON, D.C.</b>&nbsp;- We are pleased to announce that Annick C. Miller Rivera has joined Best Best &amp; Krieger LLP as a legislative assistant in the firm&rsquo;s Washington, D.C. office. She will work closely with the firm&rsquo;s Governmental Affairs senior director in developing and implementing legislative action plans &mdash; especially on policies related to water, the environment and related infrastructure issues, as well as telecommunications.</p> <p>Prior to joining BB&amp;K, Miller Rivera served as legislative assistant to former House Natural Resources Committee Chairman &quot;Doc&quot; Hastings (R-Washington). In this role, she briefed and advised the Congressman on various policy issues and legislative actions, including agriculture and water and their interconnections.</p> <p>&ldquo;With four years of working on Capitol Hill, Annick brings to BB&amp;K a unique perspective on complicated policy issues that will benefit the firm&rsquo;s clients and bolster its growing lobbying services,&rdquo; said Governmental Affairs Senior Director John Freshman.</p> <p>Miller Rivera has a master&rsquo;s degree in public policy from George Mason University and a bachelor&rsquo;s degree in international business from Johnson &amp; Wales University.</p>Press Releases17 Feb 2015 00:00:00 -0800http://www.bbklaw.com/?t=40&an=37868&format=xmlAdapting to Changing Water Supplieshttp://www.bbklaw.com/?t=40&an=35229&format=xml<p>Best Best &amp; Krieger Partner Joseph P. Byrne, who is also chair of the California Water Commission,&nbsp;spoke on a panel titled &ldquo;Adapting to Changing Water Supplies&rdquo; during The Seminar Group&rsquo;s one-day event, &ldquo;Preparing for Climate Change &ndash; New Regulations and New Litigation.&rdquo; The panel included discussions on:</p> <ul> <li>Permitting growth in times of drought</li> <li>Impacts of changing water levels</li> <li>Water rights transfers</li> <li>Water for municipalities</li> <li>Water for agriculture</li> <li>Water for utilities</li> <li>Water System: How it works from a state-wide perspective</li> <li>Drought: What people are doing to deal with it</li> <li>Water Bond</li> <li>Impacts on Development</li> </ul> <p>BB&amp;K Guests received $100 off the seminar rate by calling (206) 463-4400 and mentioning the code &ldquo;FAC100.&rdquo;</p> <p><strong>When</strong></p> <p>Wednesday, Feb. 11, 2015<br /> Conference: 9 a.m. &ndash; 5 p.m.<br /> Panel: 1:45 - 2:45 p.m.</p> <p>Where<br /> Le Meridien San Francisco<br /> 333 Battery St.<br /> San Francisco, CA<br /> <br /> <a target="_blank" href="/?t=18&amp;dd=7527"><span style="color: #0000ff">Click here</span></a> to see the conference brochure (.pdf).</p>Conferences & Speaking Engagements11 Feb 2015 00:00:00 -0800http://www.bbklaw.com/?t=40&an=35229&format=xmlCEQA Attorney - 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 attorney 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&K06 Feb 2015 00:00:00 -0800http://www.bbklaw.com/?t=40&an=7930&format=xmlState Board Issues Notice of Potential Curtailment of Surface Water Rights Diversionshttp://www.bbklaw.com/?t=40&an=37441&format=xml<p>Despite some rainfall and the temporary lifting of certain 2014 surface water curtailment notices during the fall, the drought emergency in California continues. On Jan. 23, the State Water Resource Control Board issued a <a target="_blank" href="http://www.waterboards.ca.gov/waterrights/water_issues/programs/drought/docs/2015_notice.pdf"><span style="color: #0000ff">Notice of Surface Water Shortage and Potential for Curtailment of Water Right Diversions</span></a> for the coming year. The Notice warns that, unless precipitation conditions substantially improve, surface water supplies in 2015 will continue to be low. As a result, the State Board expects that curtailment notices may again be issued in the spring or summer, with potential impacts to more than 9,000 water right holders in California.</p> <p>Under California law, the most recent or junior water right holders are required to discontinue diversion in times of water shortage, before more senior, riparian and pre-1914 water right holders have to do so. While the new Notice does not specify when such curtailment notices will be issued to the affected water rights holders, it is expected that the State Board will follow similar procedures as it did in curtailing water diversions in 2014.</p> <p>Prior to issuing diversion curtailments in May 2014, the State Board conducted analyses of the Sacramento-San Joaquin, the Russian River and the Eel River watersheds to determine water supply, demand and availability. Similar analyses were conducted after the 2014 curtailment notices were issued to monitor these watersheds and to determine if and when to lift the curtailments.</p> <p>For the past few months, the State Board has been soliciting <a target="_blank" href="http://www.waterboards.ca.gov/waterrights/water_issues/programs/drought/dryyear_report/"><span style="color: #0000ff">recommendations</span></a> from the public on how to best implement the water rights priority system in times of drought. State Board staff is expected to present its findings and suggested improvements to the State Board by Jan. 31. It is possible that curtailment procedures may change in 2015 based on the staff recommendations.</p> <p>For more information about how the potential curtailments 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> 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 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 Alerts27 Jan 2015 00:00:00 -0800http://www.bbklaw.com/?t=40&an=37441&format=xmlThe List: Law Firmshttp://www.bbklaw.com/?t=40&an=37475&format=xml<p>Best Best &amp; Krieger LLP is the 9th largest law firm in the Sacramento area, with 26 local attorneys, according to a list published Jan. 5 by the <i>Sacramento Business Journal</i>. In addition, the firm ranked 6th on the <i>Business Journal&rsquo;s</i> list of Most Female Attorneys, with 14 female attorneys in the firm&rsquo;s Sacramento office. BB&amp;K was also listed as 9th among the 10 Sacramento-area law firms with the most offices nationwide (BB&amp;K has nine offices throughout California and in Washington, D.C.).</p> <p>The list was compiled from surveys submitted by law firms in Sacramento, El Dorado, Placer and Yolo counties.</p> <p><a target="_blank" href="http://www.bizjournals.com/sacramento/subscriber-only/2015/01/23/law-firms.html"><span style="color: #0000ff">Click here to see the list</span></a> (subscription required to see the full list).</p>BB&K In The News27 Jan 2015 00:00:00 -0800http://www.bbklaw.com/?t=40&an=37475&format=xmlSix BB&K Attorneys Named to the 2015 Southern California Super Lawyers Listhttp://www.bbklaw.com/?t=40&an=37336&format=xml<p><b>RIVERSIDE, Calif.</b>&nbsp;- We are pleased to announce that six Best Best &amp; Krieger LLP attorneys were named to the 2015 Southern California Super Lawyers list by <i>Super Lawyers Magazine</i>. Only five percent of Southern California lawyers receive this honor following a selection process that includes independent research, peer nominations and peer evaluations..</p> <p>The attorneys and the categories they were selected in are:</p> <p><a target="_blank" href="http://www.bbklaw.com/?t=3&amp;A=1560&amp;format=xml"><span style="color: #0000ff">Scott H. Campbell</span></a> (State, Local and Municipal Law): A municipal lawyer and litigator with extensive trial experience, Scott represents public entities as both general counsel and public works construction counsel. He serves as city attorney for Avalon on Santa Catalina Island and as general counsel for the Lake Arrowhead Community Services District.</p> <p><a target="_blank" href="http://www.bbklaw.com/?t=3&amp;A=1563&amp;format=xml"><span style="color: #0000ff">Sonia R. Carvalho</span></a> (State, Local and Municipal Law): Sonia is a municipal lawyer and serves as city attorney for the cities of Santa Ana and Claremont. Sonia&rsquo;s practice focuses on land use, ethics, open government laws and elections law.</p> <p><a target="_blank" href="http://www.bbklaw.com/?t=3&amp;A=1586&amp;format=xml"><span style="color: #0000ff">Jeffrey V. Dunn</span></a> (Civil Litigation: Defense): Jeff represents public agencies in complex litigation matters, with an emphasis on municipal land use issues including water rights.</p> <p><a target="_blank" href="http://www.bbklaw.com/?t=3&amp;A=1598&amp;format=xml"><font color="#0000ff">Eric L. Garner</font></a> (Environmental): Eric is the managing partner, overseeing the firm&rsquo;s nine offices and nearly 200 attorneys. He is one of the leading authorities on water law and has litigated cases and negotiated key agreements involving major water bodies across the West.</p> <p><a target="_blank" href="http://www.bbklaw.com/?t=3&amp;A=1629&amp;format=xml&amp;/Kira%20L.%20Klatchko"><span style="color: #0000ff">Kira L. Klatchko</span></a> (Appellate): Kira handles both state and federal appeals arising from all areas of civil practice for clients as varied as cities, businesses and families. She is chair of the firm&rsquo;s Appellate Practice Litigation group and is an Appellate Law Specialist, certified by the State Bar of California Board of Legal Specialization.</p> <p><a target="_blank" href="http://www.bbklaw.com/?t=3&amp;A=1650&amp;format=xml"><span style="color: #0000ff">Michelle Ouellette</span></a> (Environmental): A legal counselor and litigator, Michelle is a leading authority on federal and state endangered species laws, the California Environmental Quality Act and the National Environmental Policy Act. She steered two of the nation&rsquo;s largest habitat conservation plans through a maze of environmental requirements, protecting dozens of endangered species while allowing development to move forward.</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 nearly 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/">www.bbklaw.com</a></i></span><i><span> or follow @BBKlaw on Twitter.</span></i>Press Releases22 Jan 2015 00:00:00 -0800http://www.bbklaw.com/?t=40&an=37336&format=xmlSix BB&K Attorneys in San Diego Included on the 2015 List of San Diego Super Lawyers or Super Lawyers Rising Starshttp://www.bbklaw.com/?t=40&an=37339&format=xml<p><b>SAN DIEGO, Calif.</b> _ We are pleased to announce that five Best Best &amp; Krieger LLP attorneys were named to the 2015 list of San Diego Super Lawyers, while one was selected to the 2015 San Diego Super Lawyers Rising Stars list. Only five percent of San Diego lawyers receive this honor following a selection process that includes independent research, peer nominations and peer evaluations. To be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for 10 years or less. No more than 2.5 percent are named to Rising Stars.</p> <p>The attorneys selected are:</p> <p><a target="_blank" href="http://www.bbklaw.com/?t=3&amp;A=1551&amp;format=xml&amp;/Bruce%20W.%20Beach"><span style="color: #0000ff">Bruce W. Beach</span></a>: Bruce focuses his practice on eminent domain and property litigation. He has worked on projects for road rights-of-way, pipelines, light rail transit corridors, reservoir sites, as well as redevelopment and flood control projects.</p> <p><a target="_blank" href="http://www.bbklaw.com/?t=3&amp;A=1600&amp;format=xml&amp;/James%20B.%20Gilpin"><span style="color: #0000ff">James B. Gilpin</span></a>: Jim practices in civil litigation with an emphasis on real property litigation including eminent domain, construction and other public works litigation. He represents clients in all phases of litigation, including writ proceedings, jury and court trials and appeals.</p> <p><a target="_blank" href="http://www.bbklaw.com/?t=3&amp;A=1606&amp;format=xml&amp;/Shawn%20D.%20Hagerty"><span style="color: #0000ff">Shawn D. Hagerty</span></a>: Shawn provides both advisory and litigation services to municipalities in the area of land use and planning, including general plan, zoning, subdivision map act and other land use regulations. He also focuses on water quality regulations as applied to municipalities.</p> <p><a target="_blank" href="http://www.bbklaw.com/?t=3&amp;A=1610&amp;format=xml&amp;/Robert%20J.%20Hanna"><span style="color: #0000ff">Robert J. Hanna</span></a>: Robert&rsquo;s practice includes real property, title insurance, business and commercial litigation.</p> <p><a target="_blank" href="http://www.bbklaw.com/?t=3&amp;A=1657&amp;format=xml&amp;/Arlene%20%20Prater"><span style="color: #0000ff">Arlene Prater</span></a>: Arlene is managing partner of BB&amp;K&rsquo;s San Diego office. She provides counsel to public and private employers on personnel and labor issues in both litigation and in an advisory role.</p> <p><a target="_blank" href="http://www.bbklaw.com/?t=3&amp;A=1748&amp;format=xml&amp;/Steven%20G.%20Martin"><span style="color: #0000ff">Steven G. Martin</span></a> (Rising Star): Steve assists clients with a variety of local governance, transactional and litigation issues, including endangered species, Indian law, water law and environmental review.</p> <p style="text-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 nearly 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/">www.bbklaw.com</a></i></span><i><a target="_blank" href="http://www.bbklaw.com/"></a><span> or follow @BBKlaw on Twitter.</span></i>Press Releases22 Jan 2015 00:00:00 -0800http://www.bbklaw.com/?t=40&an=37339&format=xml