Best Best & Krieger News Feed Best and Krieger is a Full Service Law Firmen-us29 Jun 2016 00:00:00 -0800firmwise Groundwater in a Time of Increasing Demand and Changing Climate Best &amp; Krieger LLP Managing Partner Eric Garner will speak on &quot;Managing Groundwater in a Time of Increasing Demand and Changing Climate,&quot; during the Water Education Foundation's &quot;Toward Sustainable Groundwater in Agriculture: 2nd International Conference Linking Science &amp; Policy.&quot;<br /> <br /> <strong>When</strong><br /> Thursday, June 30<br /> 10 a.m. - Noon<br /> <br /> <strong>Where<br /> </strong>Hyatt Regency San Francisco Airport<br /> 1333 Old Bayshore Hwy.<strong><br /> </strong> Burlingame, CA 94010<strong><br /> <br /> </strong>For more information or to register, <a target="_blank" href=""><span style="color: rgb(0, 0, 255);">click here.</span></a><strong><br /> <br /> </strong><br />Conferences & Speaking Engagements30 Jun 2016 00:00:00 -0800 Clarifies California's Subdivision Map Act Requirements<p>The scope of findings that a city or county must make when approving subdivision maps under the California Subdivision Map Act were clarified in a recent California Court of Appeal decision. According to Government Code section 66473.5, for a city or county to approve a subdivision map, it must make a finding that a proposed subdivision is consistent with its general plan. The general plan consistency finding is the only affirmative finding that the Subdivision Map Act purports to require by its express terms. There has long been question, however, as to whether local agencies must also make the &ldquo;negative&rdquo; findings under Government Code section 66474 to approve a parcel map.</p> <p>Section 66474 provides that a city or county shall deny approval of a tentative tract or parcel map if it makes any one of seven specific &ldquo;negative&rdquo; findings. For example, if the site is not physically suitable for the type of development or for the proposed density of the development, then the city or county shall deny the application.</p> <p>At issue in the <a target="_blank" href=""><span style="color: rgb(0, 0, 255);"><i>Spring Valley Association v. City of Victorville</i></span></a> case was a commercial development that included space for a new Wal-Mart store. For the project to proceed, the applicant requested a parcel map to subdivide the property for development. In approving the parcel map, the City Council found that the proposed subdivision was consistent with the City&rsquo;s General Plan. However, the City Council did not make findings under section 66474 because the City Council did not intend to deny the map.</p> <p>Spring Valley Association argued that the City&rsquo;s parcel map findings for approval of the map were inadequate because the City did not make the converse &ldquo;denial&rdquo; findings under section 66474. Relying on a 1975 Attorney General opinion that interpreted the predecessor statute to the current section 66474, the court concluded that the City Council was, in fact, required to make the negative findings before it could approve the parcel map. Thus, for a city or county to approve a tentative tract or parcel map, it must make the general plan consistency finding in Government Code section 66473.5 and must also find the inverse of the seven &ldquo;negative&rdquo; findings in section 66474.</p> <p>While this case adds a significant number of findings to the subdivision map process, cities and counties who use Best Best &amp; Krieger LLP&rsquo;s model subdivision resolutions should not experience any interruption in their current procedures. BB&amp;K model subdivision resolutions already include both the affirmative finding under Government Code section 66473.5 and the inverse of the seven &ldquo;negative&rdquo; findings in section 66474. If you are uncertain about whether your subdivision map resolution contains all of the requisite findings, or if you are a BB&amp;K client interested in obtaining a copy of the BB&amp;K form resolutions, please contact one of the authors of this Legal Alert listed at right in the firm&rsquo;s <a target="_blank" href=";LPA=492&amp;format=xml"><span style="color: rgb(0, 0, 255);">Environmental Law &amp; Natural Resources</span></a> practice group, or your <a target="_blank" href=""><span style="color: rgb(0, 0, 255);">BB&amp;K attorney</span></a>.</p> <p>Please feel free to share this Legal Alert or subscribe by <a href="" target="_blank"><span style="color: rgb(0, 0, 255);">clicking here</span></a>. Follow us on Twitter <a href="" target="_blank"><span style="color: rgb(0, 0, 255);">@BBKlaw.</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 Alerts28 Jun 2016 00:00:00 -0800, Lyft to Get New Regulator in Calif. a package of California Public Utilities Commission reforms in the works, ridesharing services regulation will shift to the Department of Motor of Vehicles. In an interview with <em>The Recorder</em>, Best Best &amp; Krieger LLP attorney Jordan Ferguson said the DMV makes sense as the regulatory agency of transportation network companies like Uber and Lyft. This is because the DMV is already focusing on future technologies and innovations, like driverless cars, Jordan said.<br /> <br /> &ldquo;The DMV is going to be better equipped at handling TNCs going down the line,&rdquo; Jordan told The Recorder. &ldquo;They&rsquo;re thinking about these issues at a much more nuanced level than the PUC has.&rdquo;<br /> <br /> <a target="_blank" href=";publication=The+Recorder"><span style="color: rgb(0, 0, 255);">The article, which was posted June 28, 2016 on, is available by clicking here</span></a> (subscription required).<br />BB&K In The News28 Jun 2016 00:00:00 -0800 and CEQA: New Rules for Tribal Consultation Under AB 52<br /> Best Best and Krieger LLP Of Counsel and Program Co-Chair Sarah Owsowitz and Katy Wisinski are among the presenters at Law Seminar International's one-day seminar titled &ldquo;Tribes and CEQA: New Rules for Tribal Consultation Under AB 52.&rdquo;<br /> <p><strong>BB&amp;K Speakers</strong></p> <p><u>Sarah Owsowitz</u><br /> 8:30 a.m., &ldquo;Introduction and Overview&rdquo;<br /> <br /> 10:30 a.m., &quot;Changes Brought About by AB 52&quot;<br /> <br /> 3 p.m., &quot;Wrap up Discussion on Laying the Foundation for Productive Consultation: What Developers, Lead Agencies, and Tribes Need to Know About Each Other's Processes, Needs and Objectives&quot;</p> <p><u>Katy Wisinski</u><br /> 1:15 p.m., &quot;Structuring Government-to-Government Consultation, Including Tips for Designing Consultation Structures to Maintain the Confidentiality of Communications&rdquo;</p> <p><strong>When</strong><br /> Monday, June 20<br /> 8 a.m. &ndash; 5 p.m.</p> <p><b>Where<br /> </b>Morongo Casino Resort &amp; Spa<br /> 49500 Seminole Dr. <br /> Cabazon, CA 92230</p> <p>For more information or to register, <a href="" target="_blank"><span style="color: rgb(0, 0, 255);">click here</span></a>.</p> <br /> <br /> <br type="_moz" />Conferences & Speaking Engagements20 Jun 2016 00:00:00 -0800 Local Groundwater Storage Potential Best &amp; Krieger LLP Managing Partner Eric Garner will speak on two panels during the UCLA Water Resource Group's LA's Future Workshop &quot;Understanding Local Groundwater Storage Potential.&quot;<br /> <br /> 9:15 a.m.: &quot;Water Rights in Adjudicated and Unadjudicated Basins in the Los Angeles County: History, Current Status, Implications for Stormwater Capture and Storage, and Legal Solutions.&quot; During this panel, Eric will discuss increasing stormwater incentives for non&ndash;rights holders in adjudicated basins, and in unadjudicated basins subject to SGMA: What are the legal avenues for stormwater agencies and groundwater basin managers to do this?<br /> <br /> 2:55 p.m.: &quot;Increasing Conjunctive Use and Storage through More Stormwater Capture: Panel and Audience Discussions.&quot; As a panelist, Eric will touch on how we can improve the incentives for stormwater capture and storage in groundwater basins. How much can we increase sustainable yield through this approach? <br /> <br /> <strong>When</strong><br /> Wednesday, June 15<br /> <br /> <strong>Where<br /> </strong>UCLA Luskin School of Public Affairs<br /> 3250 Public Affairs Building <br /> Room 2355<br /> Los Angeles, CA 90095<br /> <br /> For more information or to register, <a target="_blank" href=""><span style="color: rgb(0, 0, 255);">click here</span></a>.<br /> <br />Conferences & Speaking Engagements15 Jun 2016 00:00:00 -0800 Water Law & Policy<p>BB&amp;K will co-sponsor this two-day conference featuring Partner Steve Anderson as co-chair and Partner Jeffrey V. Dunn as a presenter. El Ni&ntilde;o has brought a sigh of relief to water suppliers and agencies tasked with overseeing California&rsquo;s water systems. But the drought isn&rsquo;t over for everyone, and the vagaries brought on by a changing climate add to water supply uncertainty. If the past several years have taught us anything, it&rsquo;s that long-term water planning is crucial to survive the feast-or-famine nature of California&rsquo;s water supply.<br /> <br /> The conference will focus on long-term water supply issues facing the state:</p> <ul> <li>how state and federal agencies are planning future management decisions;</li> <li>the limits of State Water Resources Control Board authority during droughts;</li> <li>developments with the Cal WaterFix project;</li> <li>water transfers as a means of coping with unpredictable supplies; and</li> <li>big questions related to reforming California&rsquo;s water law system.</li> </ul> <p>MCLE credit is available.</p> <p><b>BB&amp;K Speakers</b><br /> Steve Anderson: &ldquo;Conference Overview with Critical Detail&rdquo;<br /> Monday, June 13 and Tuesday, June 14<br /> 7:30 a.m.</p> <p>Jeffrey V. Dunn: &ldquo;The Antelope Valley Adjudication: Lessons Learned&rdquo;<br /> Tuesday, June 14<br /> 2:15 p.m.</p> <p><b>When</b><br /> Monday, June 13 &ndash; Tuesday, June 14</p> <p><b>Location</b><br /> Hotel Nikko<br /> 222 Mason St.<br /> San Francisco, CA 94102</p> <p>For more information or to register, <a target="_blank" href="/88E17A/assets/files/Documents/2016CWLbrochure.pdf"><span style="color: rgb(0, 0, 255);">click here.</span></a></p>Conferences & Speaking Engagements13 Jun 2016 00:00:00 -0800 Groundwater in California<p>&nbsp;<br /> Best Best and Krieger LLP Of Counsel Roderick Walston and Program Co-Chair Deborah Wordham are among the presenters at this two-day seminar titled &ldquo;Sustainable Groundwater in California.&rdquo; California's Sustainable Groundwater Management Act is in full swing. For the first time in the state's history, SGMA requires local agencies to develop and implement plans to achieve sustainable groundwater management for basins designated as medium or high priority by the California Department of Water Resources. This seminar brings together industry experts, leading attorneys and agency officials for a two-day conference regarding the mechanics and implications of SGMA.</p> <p><strong>BB&amp;K Speakers</strong></p> <p><u>Deborah Wordham</u><br /> Thursday, June 6<br /> 8:30 a.m., &ldquo;Introduction and Overview&rdquo;</p> <p><u>Roderick Walston</u><strong><br /> </strong>Thursday, June 6<br /> 1:15 p.m., &ldquo;The Public Trust Doctrine as a Limit on Use&rdquo;</p> <p><strong>When</strong><br /> June 6-7, 2016<br /> 8 a.m. &ndash; 5 p.m.</p> <p><b>Where<br /> </b>Courtyard Marriott Sacramento Midtown<br /> 4422 Y St.<br /> Sacramento, CA 95817</p> <p>For more information or to register, <a target="_blank" href=""><span style="color: rgb(0, 0, 255);">click here</span></a>.</p>Conferences & Speaking Engagements06 Jun 2016 00:00:00 -0800 Species: Big Picture Overview Best &amp; Krieger LLP Partner Steve Anderson will present &quot;Endangered Species: Big Picture Overview,&quot; during Law Seminars International's conference &quot;Endangered Species in California.&quot;<br /> <br /> Steve's presentation will provide an overview of the federal Endangered Species Act (ESA), the major pieces, how they fit together and how they work with California state law.<br /> <br /> <strong>When</strong><br /> Thursday, June 2<br /> 8:45 a.m.<br /> <br /> <strong>Where<br /> </strong>Courtyard Long Beach Downtown<br /> 500 E. 1st St.<br /> Long Beach, CA 90802<br /> <br /> For more information or to register, <a target="_blank" href=""><span style="color: rgb(0, 0, 255);">click here</span></a>.<br /> <br type="_moz" />Conferences & Speaking Engagements02 Jun 2016 00:00:00 -0800, Brown Act and Planning and Zoning Law Challenges Overcome in Development Project<p>A team of Best Best &amp; Krieger LLP attorneys successfully defeated environmental and other legal challenges to a master planned infill residential and habitat preservation project in the City of Montebello. Los Angeles Superior Court Judge John A. Torribio denied a petition for a writ of mandate that claimed the project plan was inconsistent with the City&rsquo;s General Plan and that the City violated open meeting laws during the approval process. In a decision issued May 23, Torribio found both those claims and others lacked merit.</p> <p>The project is planned on a nearly 500-acre plot of undeveloped land in Montebello. The land is being used for oil production, and has been for a century. About 10 years ago, the plan to develop about 150 acres of the site into a residential community was proposed. The rest of the site will be dedicated to open space uses, with approximately 260 acres reserved for the California gnatcatcher, a species designated as threatened by the federal government. The development also includes trails and parks, allowing the public access to the space for the first time in recent history.</p> <p>Following numerous public hearings before both the City Council and the Planning Commission, as well as several revisions to the environmental impact report based on feedback from the public and other public agencies, the plan was approved in June 2015. A month later, the lawsuit was filed.</p> <p>The petitioner claimed the project should be halted because the City&rsquo;s administrative process was flawed in that the wrong address for a public hearing was on the City&rsquo;s website. However, noting that the correct address was on the properly noticed meeting agenda, Torribio, rejected the claim. He also rejected a claim that the plan was inconsistent with the City&rsquo;s General Plan for not addressing low-income and special needs housing issues. Torribio noted that the proposed project need only be &ldquo;compatible&rdquo; with the General Plan and that they are, indeed, compatible in that they do not preclude affordable housing and programs to assist the elderly and the disabled elsewhere in the City. He also found that the petitioner did not properly follow procedure on other claims, and rejected those.</p> <p>The case is <i>Citizens for Open and Public Participation v. City of Montebello</i>, BS156922.</p>Client Successes02 Jun 2016 00:00:00 -0800 Staff Divided on Allowing CWA Permits for Groundwater Discharges<p>Best Best &amp; Krieger LLP Partner Shawn Hagerty participated in a discussion titled, &ldquo;The NPDES Permit Program: 40+ Years Newon&rdquo; at the American Law Institute&rsquo;s Clean Water Act 2016 seminar on May 20 in Washington, D.C. In InsideEPA&rsquo;s &ldquo;EPA Staff Divided on Allowing CWA Permits for Groundwater Discharges,&rdquo; Shawn&rsquo;s comments on the expansion of groundwater release permits were included:</p> <p style="margin-left: 40px;">&ldquo;Best Best &amp; Krieger's Shawn Hagerty, who has worked on groundwater litigation, said during the seminar that expanding permits to groundwater releases risks &lsquo;overburdening the program, and trying to jam a solution to all our problems into a single program.&rsquo;</p> <p style="margin-left: 40px;">&ldquo;Hagerty drew a connection between the groundwater litigation and EPA's contentious rule defining which waters are &lsquo;waters of the United States&rsquo; subject to the CWA, which critics have attacked as vague and expansive. The agency's broad definition of what is a &lsquo;tributary&rsquo; to a navigable water covered by CWA protections encourages third parties to try expanding other regulations of water that flows into jurisdictional waterbodies, he said.</p> <p style="margin-left: 40px;">&quot;&rsquo;While that tributary thinking has an important place in the 'Waters of the United States' context, when applied in this point source context it really has the threat of eliminating the distinction between point and non-point sources,&rsquo; he said.&rdquo;</p> <p><i>To see the full article on </i><span style="color: rgb(0, 0, 255);"><i><a target="_blank" href=""><span style="color: rgb(0, 0, 255);"></span></a></i></span><span style="color: rgb(0, 0, 255);"><i>,</i></span><i> click here (subscription required).</i></p>BB&K In The News26 May 2016 00:00:00 -0800