Best Best & Krieger News Feed Best and Krieger is a Full Service Law Firmen-us27 Aug 2016 00:00:00 -0800firmwise APA California Conference<br /> Join Best Best &amp; Krieger LLP at the 2016 American Planning Association California Conference in Pasadena, Calif.<br /> <br /> <strong>BB&amp;K Speakers</strong><br /> <br /> Thomas Rice: &quot;CEQA and Noticing: Best Practices for Complying with CEQA, Brown Act, and Other Public Noticing Requirements&quot;<br /> Saturday, Oct. 22<br /> 1 - 2:30 p.m.<br /> <br /> Jennifer Lynch: &ldquo;10 Crucial Things Planning School Didn&rsquo;t Teach You&rdquo;<br /> Saturday, Oct. 22<br /> 1:15 - 2:30 p.m.<br /> <br /> Jennifer Lynch: &ldquo;Quick Hits: Demographics, Housing, CEQA and More&rdquo;<br /> Monday, Oct. 24<br /> 9:45 - 11:15 a.m.<br /> <br /> <strong>When</strong><br /> Saturday, Oct. 22 - Tuesday, Oct. 25<br /> <br /> <strong>Where</strong><br /> Pasadena Convention Center<br /> 300 E. Green St.<br /> Pasadena, CA 91101<br /> <br /> For more information or to register, <a href="" target="_blank"><span style="color: rgb(0, 0, 255);">click here</span></a>.Conferences & Speaking Engagements22 Oct 2016 00:00:00 -0800 Annual Conference<br /> Join Best Best &amp; Krieger LLP at the 2016 League of California Cities&rsquo; Annual Conference in Long Beach, Calif.<br /> <br /> <strong>BB&amp;K Speakers</strong><br /> <br /> Ruben Duran: &ldquo;Understanding Public Service Ethics Laws and Principles (AB 1234 Training)&rdquo;<br /> Wednesday, Oct. 5<br /> 9 - 11 a.m.<br /> <br /> Alisha Winterswyk: &ldquo;Complying with CEQA, Brown Act, and Other Public Noticing Requirements&rdquo;<br /> Thursday, Oct. 6<br /> 8 - 9:30 a.m.<br /> <br /> Gail Karish: &ldquo;The Advance of Wireless Infrastructure&rdquo;<br /> Thursday, Oct. 6<br /> 4:15 - 5:30 p.m.<br /> <br /> Isabel Safie and Katrina Veldkamp: &ldquo;Reducing Pension and OPEB Costs&rdquo;<br /> Thursday, Oct. 6<br /> 4:15 - 5:30 p.m.<br /> <br /> Jordan Ferguson: &ldquo;What Municipalities Can Do About the Coming Drone-pocalypse&rdquo;<br /> Friday, Oct. 7<br /> 10:30 - 11:45 a.m.<br /> <br /> <strong>When</strong><br /> Wednesday, Oct. 5 - Friday, Oct. 7<br /> <br /> <strong>Where</strong><br /> Long Beach Convention Center<br /> 300 E Ocean Blvd<br /> Long Beach, CA 90802<br /> <br /> For more information or to register, <a href="" target="_blank"><span style="color: rgb(0, 0, 255);">click here</span></a>.<br />Conferences & Speaking Engagements05 Oct 2016 00:00:00 -0800 Caliente v. Coachella Valley Water District, et al.<br /> Best Best &amp; Krieger LLP Of Counsel Roderick Walston will discuss <em>Agua Caliente v. Coachella Valley Water District, et al.</em> at CLE International's Tribal Water Law's 5th Annual Conference.<br /> <br /> Rod will discuss differing perspectives of this case with Mark Reeves of Kilpatrick Townsend &amp; Stockton of Washington, D.C.<br /> <br /> <strong>When</strong><br /> Thursday, Sept. 29<br /> 11 a.m. - 12:15 p.m.<br /> <br /> <strong>Where</strong><br /> Caesars Palace<br /> 3570 S. Las Vegas Blvd.<br /> Las Vegas, NV 89109<br /> <br /> For more information or to register, <a href="" target="_blank"><span style="color: rgb(0, 0, 255);">click here</span></a>.Conferences & Speaking Engagements29 Sep 2016 00:00:00 -0800’s 81st Annual Conference<br /> Join Best Best &amp; Krieger LLP at IMLA&rsquo;s 81st Annual Conference in San Diego, Calif.<br /> <strong><br /> BB&amp;K Speakers</strong><br /> <br /> Greg Rodriguez and Steven DeBaun: &quot;Autonomous Cars &amp; the Future of Transportation: Not a Horse and Buggy, but Not Quite the Starship Enterprise&hellip;Yet&quot;<br /> Thursday, Sept. 29<br /> 10:45 - 11:45 a.m.<br /> <br /> Shawn Hagerty (Tour Guide): &quot;Code Enforcement &amp; Land Use Tour&quot;<br /> Thursday, Sept. 29<br /> 2 p.m.<br /> <br /> Andre Monette (Speaker) and Shawn Hagerty (Moderator): &ldquo;The Safe Drinking Water Act and the Nation&rsquo;s Aging Water Infrastructure &amp; Liability for Lead Contamination of Water Supplies - Is It Covered by Insurance?&rdquo;<br /> Friday, Sept. 30<br /> 12:10 - 1:10 p.m.<br /> <br /> Gene Tanaka: &ldquo;Health and Environment Section Meeting&rdquo;<br /> Friday, Sept. 30<br /> 2:40 - 3:40 p.m.<br /> <br /> Greg Rodriguez and Steven DeBaun (Leading Table Discussion): &quot;WONK Breakfast&quot;<br /> Saturday, Oct. 1<br /> 7:30 - 8:30 a.m.<br /> <br /> Gail Karish and Gerry Lederer (Speakers), Joe Van Eaton (Moderator): &ldquo;Telecommunications - New Challenges for Local Counsel in a Broadband World: Why Public Safety, Economic Development, Planning and Zoning and Elected Officials Will Be Knocking On Your Door&rdquo;<br /> Saturday, Oct. 1<br /> 9 - 10:30 a.m.<br /> <br /> <strong>When</strong><br /> Wednesday, Sept. 28 - Sunday, Oct. 2<br /> <br /> <strong> Where</strong><br /> Hilton San Diego Bayfront<br /> 1 Park Blvd.<br /> San Diego, CA 92101<br /> <br /> For more information or to register, <a href="" target="_blank"><span style="color: rgb(0, 0, 255);">click here</span></a>.Conferences & Speaking Engagements28 Sep 2016 00:00:00 -0800 the Cadillac Desert<div style="text-align: center;"><img width="454" vspace="0" border="0" hspace="0" height="122" align="absmiddle" src="" alt="" /></div> <br /> <br /> <div style="text-align: center;"><em>Marc Reisner&rsquo;s &quot;Cadillac Desert&quot; masterfully chronicled how early settlers transformed the West, turning barren desert into rich agricultural land and residential oases.<br /> <br /> Now, faced with a historic drought, a growing population and a changing climate, we must reimagine our Cadillac Desert. Best Best &amp; Krieger LLP has gathered leaders and experts in design, municipal planning, academia, agriculture, policy, finance and technology to share their visions for the West's water future.<br /> <br /> We invite you to join BB&amp;K Managing Partner Eric Garner, Partner John Brown and others, along with an esteemed group of speakers for this unique day-long conversation on wa</em>ter and our future.</div> <br /> <br /> <div>&nbsp;</div> <table width="305" cellspacing="1" cellpadding="1" border="1" align="center"> <tbody> <tr> <td bgcolor="0 0 4 6 7 F" style="text-align: center;" bordercolor="0 0 4 6 7 F"><span style="color: rgb(234, 178, 57);"><span style="font-size: xx-large;">Sessions</span></span></td> </tr> </tbody> </table> <p>&nbsp;</p> <p><strong><br /> <br /> 8:30 a.m</strong>.: Welcome and Opening Remarks - <a target="_blank" href=";A=1598&amp;format=xml&amp;/Eric%20L.%20Garner"><span style="color: rgb(234, 178, 57);"><b>Eric Garner</b></span></a>, Managing Partner, Best Best &amp; Krieger LLP</p> <p><strong>8:45 &ndash; 9:30 a.m</strong>.: <u>The Forever Drought</u><br /> <a href="#Patzert"><span style="color: rgb(234, 178, 57);"><b>Bill Patzert</b></span></a>, a climate scientist at NASA&rsquo;s Jet Propulsion Laboratory, will provide an overview of our current water reality. He will discuss the outlook for drought relief, future water trends and what it all means for water suppliers and consumers.</p> <p><strong>9:30 &ndash; 10:45 a.m</strong>.: <u>Where Will Water Come From?</u><br /> This panel will examine the water supply landscape of the future. Some of the region&rsquo;s foremost water experts will weigh in on the role of imported water, local water sustainability projects, conservation, technology, finance and other factors in meeting the challenges of the West&rsquo;s water future.</p> <ul> <li><span style="color: rgb(234, 178, 57);"><b><a href="#Gold"><span style="color: rgb(234, 178, 57);">Mark Gold</span></a></b></span>, Associate Vice Chancellor for Environment and Sustainability, UCLA Institute of the Environment and Sustainability</li> <li><a href="#Howitt"><span style="color: rgb(234, 178, 57);"><b>Richard Howitt</b></span></a>, Professor Emeritus, U.C. Davis and ERA Economics</li> <li><a href="#Kightlinger"><span style="color: rgb(234, 178, 57);"><b>Jeff Kightlinger</b></span></a>, General Manager/Chief Executive Officer, The Metropolitan Water District of Southern California</li> <li>Moderator: <a target="_blank" href=";A=1598&amp;format=xml&amp;/Eric%20L.%20Garner"><span style="color: rgb(234, 178, 57);"><b>Eric Garner</b></span></a>, Managing Partner, BB&amp;K</li> </ul> <p><strong>10:45 &ndash; 11 a.m.</strong>: Networking Break (Plaza)</p> <p><strong>11 a.m. &ndash; 12:15 p.m.</strong>: <u>Water and Technology</u><br /> Innovation in water technology has outpaced its adoption. Can we surmount the obstacles to technological adoption in response to growing water stresses? This panel of industry innovators will describe available and emerging water technologies and discuss how they are reinventing water management to deploy technologies in public and private sectors.</p> <ul> <li><span style="color: rgb(234, 178, 57);"><b><a href="#Brewen"><span style="color: rgb(234, 178, 57);">Howard Brewen</span></a></b></span>, Superintendent, City of San Luis Obispo Water Resource Recovery Facility</li> <li><a href="#Hoek"><span style="color: rgb(234, 178, 57);"><b>Eric Hoek</b></span></a>, Founder and CEO, Water Planet, Inc.</li> <li><a href="#Gagliardo"><span style="color: rgb(234, 178, 57);"><b>Paul Gagliardo</b></span></a>, Innovation Director, American Water</li> <li>Moderator: <a href="#Shenkar"><span style="color: rgb(234, 178, 57);"><b>Laura Shenkar</b></span></a>, Founder and Principal, Artemis Water Strategy</li> </ul> <p><strong>12:15 &ndash; 1 p.m.</strong>: Lunch (Heritage Hall)</p> <p><strong>1 &ndash; 1:30 p.m.</strong>: <u>Using Nature&rsquo;s Technology in Response to Drought</u> (Heritage Hall)<br /> Theodore Payne Foundation Director of Outreach <a href="#Novick"><span style="color: rgb(234, 178, 57);"><b>Lisa Novick</b></span></a> will present on the beauty and benefits of native landscapes. She will highlight California&rsquo;s rich palette of native plants, which use up to 80 percent less water while supporting ecosystems and promoting watershed health.</p> <p><strong>1:45 &ndash; 3 p.m.</strong>: <u>How are Cities Looking at Water?</u><br /> Cities are finding it increasingly difficult to provide clean and affordable water service in the face of water shortages and rapidly changing regulatory, physical and fiscal constraints. This panel of present and former leaders from major municipal water agencies will discuss innovative strategies for delivering water in the water-scarce West.</p> <ul> <li><span style="color: rgb(234, 178, 57);"><b><a href="#epstein"><span style="color: rgb(234, 178, 57);">Shana Epstein</span></a></b></span>, General Manager, Ventura Water</li> <li><a href="#Mulroy"><span style="color: rgb(234, 178, 57);"><b>Pat Mulroy</b></span></a>, Senior Fellow, William S. Boyd School of Law, UNLV, Climate Adaptation and Environmental Policy, Brookings Institution</li> <li><a href="#Pettijohn"><span style="color: rgb(234, 178, 57);"><b>David Pettijohn</b></span></a>, Director of Water Resources, Los Angeles Department of Water and Power</li> <li>Moderator: <a href="#Burton"><span style="color: rgb(234, 178, 57);"><b>Scott Burton</b></span></a>, Utilities General Manager, City of Ontario</li> </ul> <p><strong>3 p.m. &ndash; 3:15 p.m.</strong> Networking Break (Plaza)</p> <p><strong>3:15 &ndash; 4:30 p.m.</strong>: <u>Modern Urban Living in the Dry Age</u><br /> A century of urbanization has profoundly impacted water resources in Western cities. This panel will discuss how design can drive the (re)adaptation of our urban landscapes to water scarcity. Panelists will describe the water-smart environments of our future and will discuss the considerations and tools that inform water-smart design choices.</p> <ul> <li><span style="color: rgb(234, 178, 57);"><b><a href="#Arnold"><span style="color: rgb(234, 178, 57);">Hadley Arnold</span></a></b></span>, Director, Arid Lands Institute</li> <li><a href="#Pincetl"><span style="color: rgb(234, 178, 57);"><b>Stephanie Pincetl</b></span></a>, Director, UCLA California Center for Sustainable Communities</li> <li><a href="#Hanna"><span style="color: rgb(234, 178, 57);"><b>Mark Hanna</b></span></a>, Senior Principal Water Resources Engineer, Geosyntec Consultants</li> <li>Moderator: <a target="_blank" href=";A=1597&amp;format=xml&amp;/Paeter%20E.%20Garcia"><span style="color: rgb(234, 178, 57);"><b>Paeter Garcia</b></span></a>, Partner, BB&amp;K</li> </ul> <p><strong>4:30 &ndash; 4:45 p.m.</strong>: Closing Remarks</p> <p><strong>4:45 &ndash; 6 p.m.</strong>: Networking Reception (Plaza)<br /> <br /> &nbsp;</p> <table width="484" cellspacing="1" cellpadding="1" border="1" align="center"> <tbody> <tr> <td bgcolor="0 0 4 6 7 F" style="text-align: center;" bordercolor="0 0 4 6 7 F"><span><span style="color: rgb(234, 178, 57);"><span style="font-size: xx-large;">About the Autry Museum <br /> of the American West</span></span></span></td> </tr> </tbody> </table> <p>&nbsp;</p> <p><br /> <br /> The Autry is a museum dedicated to exploring and sharing the stories, experiences, and perceptions of the diverse peoples of the American West, connecting the past to the present to inspire our shared future. The museum presents a wide range of exhibitions and public programs&mdash;including lectures, film, theater, festivals, family events, and music&mdash;and performs scholarship, research, and educational outreach. The Autry&rsquo;s collection of more than 500,000 pieces of art and artifacts includes the Southwest Museum of the American Indian Collection, one of the largest and most significant in the United States.</p> <p align="center"><i>The Autry welcomes you as their guest to explore the galleries and exhibits.</i></p> <p align="center"><span><br /> <br /> </span></p> <table width="503" cellspacing="1" cellpadding="1" border="1" align="center"> <tbody> <tr> <td bgcolor="0 0 4 6 7 F" style="text-align: center;" bordercolor="0 0 4 6 7 F"><span style="font-size: xx-large;"><span style="color: rgb(234, 178, 57);">Presenters</span></span></td> </tr> </tbody> </table> <p align="center"><span>&nbsp;</span><b><br /> <br /> <br /> </b></p> <p style="text-align: left;"><b><a name="Arnold"></a>Hadley Arnold</b> leads the Arid Lands Institute, a research, teaching and outreach center. ALI creates new planning and design tools solving water-supply challenges in drylands. ALI has built collaborations between leading architecture and engineering firms, public agencies, university science and policy teams, and university design programs in 30 states and around the world. ALI research has been supported by the AIA |Los Angeles, Holcim Foundation, Buckminster Fuller Institute, US Department of Housing and Urban Development, EPA, City of LA Mayor&rsquo;s Office for Great Streets, Metropolitan Water District of Southern California, Metabolic Studio, and the AIA College of Fellows 2015 Latrobe Prize.</p> <p><b><a name="Brewen"></a>Howard Brewen</b> is the superintendent of the City of San Luis Obispo&rsquo;s Water Resource Recovery Facility. Howard&rsquo;s entrepreneurial experience in the private sector has brought sustainability innovation to the municipal environment. Under Howard&rsquo;s direction, the City collaborated with Pacific Gas and Electric in a $9.75 million Energy Efficiency Project at the WRRF, the first of its kind in California. Howard is currently spearheading a $105 million WRRF upgrade that will deliver the latest in water resource recovery technology. Howard is also working with California Polytechnic State University, San Luis Obispo to further an extensive student research and development project on the use of algae for wastewater treatment and biofuel, which is housed at the City&rsquo;s WRRF.</p> <p><b>John Brown </b>(Program Co-Chair), a partner at BB&amp;K, is a public lawyer and has represented as general and special counsel a variety of California public agencies including cities, redevelopment agencies, special districts and school districts. He is the city attorney for the cities of Ontario and La Habra Heights and the town attorney of the Town of Apple Valley. John also acts as general counsel for a variety of other public agencies. He has served as general counsel to the Elsinore Valley Municipal Water District for more than 40 years and also acts as general counsel to the Hi-Desert Water District.</p> <p><b><a name="Burton"></a>Scott Burton </b>is the general manager of the City of Ontario&rsquo;s Municipal Utilities. He has served in various capacities with the City over the past 16 years and, prior to that, was an engineer with the Yorba Linda Water District and a consulting engineering firm. In his current capacity he leads a staff of 170 dedicated employees responsible for water, sewer, solid waste and recycling enterprise functions serving about 35,000 customer accounts. Ontario is home to a 13-square-mile master planned community that is poised to develop over the next 25 years. With this comes unique challenges in managing, conserving and expanding Ontario&rsquo;s water supply resources.<b><span>&nbsp;&nbsp; </span></b></p> <p><b><a name="epstein"></a>Shana Epstein</b> has served as general manager of Ventura Water since 2011. She has led the municipal utility to achieve many important accomplishments, rising to the challenge posed by five years of drought. Shana leads an integrated water agency that operates four treatment/purification plants and maintains more than 600 miles of pipeline. Prior to joining the City of Ventura, Shana served as the environmental utilities manager for the City of Beverly Hills. In this position, she led a 75-person team to manage water, wastewater, stormwater and solid waste.</p> <p><b><a name="Gagliardo"></a>Paul Gagliardo</b> is the manager of Innovation Development for American Water, the largest publicly traded U.S. water and wastewater utility company. Paul leads the company's Innovation Development Process, which tests and develops new technologies and processes for use in the company and the water industry. He came to American Water in 2009 from Natawa Corporation, a start-up company focused on utilities and technology within a public-private partnership framework, where he served as vice president. He also spent more than 20 years at the City of San Diego, where he created and managed the Aqua2000 Research Center, a program focused on testing new technologies for the water and wastewater business.</p> <p><b>Paeter Garcia&rsquo;s </b>practice areas include water rights, water supply planning and related fields of environmental and natural resources law for both public agency and private clients. A partner at BB&amp;K in Los Angeles, counsels clients on a broad range of water law and policy matters, such as surface and groundwater right issues, water transactions and conveyance, and groundwater management and storage arrangements. Water supply planning and sufficiency analyses are a significant component of his practice. Paeter serves as vice-chair of the Southern California Water Committee&rsquo;s Urban Water Planning Task Force.</p> <p><b>Eric Garner</b> (Program Co-Chair) is managing partner at BB&amp;K and has practiced water law for nearly 30 years at the firm. For the past two decades, he has worked extensively on groundwater matters. He has advised clients throughout California on groundwater issues and was involved in the drafting of the Sustainable Groundwater Management Act. He has worked on surface water issues throughout the state and has drafted water laws in South Africa, Trinidad and Pakistan. Eric co-authored &ldquo;California Water&rdquo; and &ldquo;California Water II,&rdquo; and is an adjunct law professor at the University of Southern California Gould School of Law.</p> <p><a name="Gold"></a>Professor <b>Mark Gold</b> is the associate vice chancellor for Environment and Sustainability at UCLA. His research focuses on integrated water management, coastal resource management, and urban sustainability. He is spearheading UCLA's first ever Grand Challenge: Thriving in a Hotter Los Angeles by 2050: a Path to 100% Renewable Energy, 100% Local Water and Enhance Ecosystem and Human Health. In addition, Mark serves on L.A. Mayor Eric Garcetti's Water Task Force and is a city representative on the Metropolitan Water District. Prior to working at UCLA, Mark was the president of Heal the Bay for 18 years.</p> <p><b><a name="Hanna"></a>Mark Hanna</b> is a California registered professional engineer and a senior principal in Geosyntec Consultants&rsquo; Los Angeles office. His 20 plus years of experience in water resources, water rights and integrated planning allows him to offer multi-sector clients comprehensive solutions to the growing problems of water supply in the natural and urban environment. In addition to several regional planning studies revolving around local water resources, Mark currently leads Frank Gehry's engineering team in the Los Angeles River Vision Study and consults on the redevelopment of several large parcels along the Los Angeles River.</p> <p><b><a name="Hoek"></a>Eric Hoek</b> is chief executive officer at Water Planet, Inc., which develops and markets membrane-based water purification and separation products solutions and services. Previously, Eric was an engineering professor at UCLA and UC Riverside, researching and teaching spanned water treatment, desalination, membrane technology and nanotechnology. He has published extensively on these topics and was an editor of the international journal <i>Desalination and the Encyclopedia of Membrane Science &amp; Technology.</i> His early research and inventions lead to the formation of NanoH2O, now LG Water Solutions. He recently embarked on a 5-year collaboration with Global Classrooms for Peace to improve sanitation and water issues on Fiji&rsquo;s remote islands.</p> <p><b><a name="Howitt"></a>Richard Howitt</b> is a professor emeritus of agricultural and resource economics at UC Davis and a principal at ERA Economics. He has published widely on agricultural and environmental resource allocation issues, with special emphasis on agricultural land use, water markets and the application of optimization models to resource allocation questions. His research interests include building computer models of how land and water are used, and their calibration to G.I.S-based data sets. He is engaged in an analysis of land use patterns in the Sacramento-San Joaquin Delta and in an assessment of potential economic outcomes for agriculture and recreation in the Delta's primary zone under different flooding and water quality scenarios and the economic impact of groundwater legislation on the California water sector.</p> <p><b><a name="Kightlinger"></a>Jeffrey Kightlinger</b> is general manager and chief executive officer for The Metropolitan Water District of Southern California. The Metropolitan Water District is the largest municipal water provider in the nation delivering an average of over 2 billion gallons of water a day to 19 million customers across Southern California. Metropolitan serves one out of every two Californians in the six counties of Ventura, Los Angeles, Orange, Riverside, San Bernardino and San Diego. Kightlinger was appointed general manager in February 2006. Prior to that, he served as the general counsel for the agency.</p> <p><b><a name="Mulroy"></a>Pat Mulroy</b> serves as a non-resident senior fellow for Climate Adaptation and Environmental Policy for The Brookings Institution and also as a Practitioner in Residence for the Saltman Center for Conflict Resolution at the UNLV William S. Boyd School of Law. She also holds a faculty position at the Desert Research Institute, where she serves as the Maki Distinguished Faculty Associate. Pat also serves on the Wynn Resorts Ltd. Board of Directors. At UNLV&rsquo;s Boyd School of Law and DRI, Pat&rsquo;s focus is on helping communities in water-stressed areas throughout both the American Southwest and the world develop strategies to address increased water resource volatility and identify solutions that balance the needs of all stakeholders.</p> <p><b><a name="Novick"></a>Lisa Novick</b> is the director of outreach for the Theodore Payne Foundation for Wild Flowers and Native Plants. Since joining the Foundation in 2007, Lisa has designed and implemented its K-12 Education and Landscaping for Resilience programs, and has designed and installed dozens of native landscapes in public spaces across the Los Angeles region. In 2015, LFR received a Green Leadership Award from the Los Angeles County Board of Supervisors. A published writer in literary short fiction, Lisa blogs for the Huffington Post and is working on a book of creative nonfiction.</p> <p><b><a name="Patzert"></a>William Patzert,</b> often called the &quot;Prophet of California climate,&quot; has been a scientist at the California Institute of Technology&rsquo;s NASA Jet Propulsion Laboratory in Pasadena, Calif. since 1983. The author of many scientific and popular articles, Bill works with undergraduate and graduate students from all over the world, and lectures at many local universities. A media favorite, he is often sought out by reporters and is regularly seen on local and national television representing NASA and JPL. In a recent article, he was named as one of the West&rsquo;s most influential individuals in dealing with water issues.</p> <p><b><a name="Pettijohn"></a>David R. Pettijohn</b> is the director of Water Resources for the Los Angeles Department of Water and Power. With more than 30 years of water utility experience, David has management oversight for water resource activities including strategic planning, watershed management, conservation, water recycling policy, and local resource development, as well as inter-agency coordination activities and legislative affairs. David is a registered civil engineer in the State of California. He serves on the Colorado River Board of California.</p> <p><b><a name="Pincetl"></a>Stephanie Pincetl</b> is professor-in-residence at the UCLA Institute of the Environment and Sustainability and director of the California Center for Sustainable Communities at UCLA. Stephanie conducts research on environmental policies and governance and analyzes how institutional rules construct how natural resources and energy are used to support human activities. She is an expert in bringing together interdisciplinary teams of researchers across the biophysical and engineering sciences with the social sciences to address problems of complex urban systems and environmental management.</p> <p><b><a name="Shenkar"></a>Laura Shenkar</b> is the founder and a principal at Artemis Water Strategy. She works with leading corporations and water utilities, with water tech companies and investors to drive deployment of advanced water technology. With Generate Capital, Artemis has adapted finance innovations from the solar industry to build the first water project finance vehicles. More than 1,000 companies have participated in Artemis&rsquo; nonprofit Artemis Top 50 company competition, which has identified the early leaders in water tech. Artemis clients include Walmart, the U.S. Navy, Intel as well as the governments of Canada, Singapore and Israel.</p> <div><hr width="33%" size="1" align="left" /> </div> <br /> <br /> <br /> Click here to view the program for the day as a PDF.Seminars and Webinars15 Sep 2016 00:00:00 -0800 to Groundwater Sustainability Workshop<br /> Ever since the Sustainable Groundwater Management Act (SGMA) was passed, the clock started ticking, growing louder as key deadlines approach. First stop - June 2017. Are you clear about what path is best for your organization?<br /> <br /> <em><strong> GEOSCIENCE Support Services, Inc., Best Best &amp; Krieger LLP </strong></em>and<em><strong> John Robinson Consulting, Inc.</strong></em> are hosting a workshop to help you in your journey to SGMA compliance. We will help you:<br /> <br /> <ul> <li>Fully understand what is or is not required for your organization's compliance and key deadlines</li> <li>Demystify the legal, financial and planning aspects of forming a Groundwater Sustainability Agency</li> <li>Learn what is involved in developing and implementing a Groundwater Sustainability Plan</li> </ul> <br /> The workshop will include presentations and open group discussions. We invite you to be our guest for this informative and interactive session. For detailed information about the workshop and contact information for questions, please <a href="" target="_blank"><span style="color: rgb(0, 0, 255);">click here</span></a>.<br /> <br /> Registration information is provided below. Seating is limited.<br /> <br /> <strong> When:</strong><br /> Tuesday, Sept. 13<br /> 9 a.m. - noon<br /> <br /> <strong> Where:</strong><br /> <a href="" target="_blank"><span style="color: rgb(0, 0, 255);"> DoubleTree Hotel Ontario Airport</span></a><br /> Big Bear Room<br /> 222 North Vineyard Ave.<br /> Ontario, CA 91764<br /> <br /> <a href=";oseq=&amp;c=&amp;ch=" target="_blank"><span style="color: rgb(0, 0, 255);"> Click here to register</span></a> for this conference.Conferences & Speaking Engagements13 Sep 2016 00:00:00 -0800 Land Use Law & Policy Conference<br>Join Best Best &amp; Krieger LLP at the Argent Communications California Land Use Law &amp; Policy Conference. The event, co-sponsored by BB&amp;K and co-chaired by BB&amp;K Partner Michelle Ouellette, will provide perspectives from top legal and technical professionals about effective ways to navigate California's regulatory landscape. <br /> <br /> <strong>BB&amp;K Speakers</strong><br /> <br /> Michelle Ouellette, &quot;Welcome Remarks with Critical Detail&quot;<br /> 8:30 - 8:45 a.m.<br /> <br /> Charity Schiller: &ldquo;CEQA and Sustainable Community Strategies - Making Sense of SB 375&rdquo;<br /> 10:15 - Noon<br /> <br /> Paeter Garcia: &ldquo;Successful Land Use Planning and the Sustainable Groundwater Management Act - The Developer's Perspective&rdquo;<br /> 1:15 - 2 p.m.<br /> <br /> <strong>When</strong><br /> Monday, Sept. 12<br /> 8:30 a.m. - 5 p.m.<br /> <br /> <strong>Where</strong><br /> DoubleTree Suites<br /> 1707 4th St.<br /> Santa Monica, CA 90401<br /> <p><em>Friends of Best Best &amp; Krieger can receive a $100 discount off of the regular conference price by using the code: Friend of Best Best &amp; Krieger.</em></p> <br /> For more information or to register, <a href="" target="_blank"><span style="color: rgb(0, 0, 255);">click here</span></a>.Conferences & Speaking Engagements12 Sep 2016 00:00:00 -0800 Six-Case Win For Water District Helps Secure Orange County’s Water Supply<em>California and water: the two always have been, [and] always will be, inextricably linked. No resource is as vital to California&rsquo;s urban centers, agriculture, industry, recreation, scenic beauty, and environmental preservation as its liquid gold. <br /> </em>~ Ramon Llamas &amp; Emilio Custodio, <em>Intensive Use of Groundwater: Challenges and Opportunities</em> 1, 280 (2003). <br /> <br /> In early May, the Fourth District Court of Appeal took an important step toward helping to secure Orange County&rsquo;s water supply. It issued several opinions in response to challenges to a proposed public-private partnership project that seeks to pump groundwater, which would otherwise evaporate, from an aquifer in the Mojave Desert to agencies throughout Southern California. The victory for the Santa Margarita Water District (the District) was the result of years of hard work, consultation, and cooperation among various private and public entities and interests throughout the environmental review process, which resulted in the approval of a beneficial public project (the Project) that will serve Southern California citizens for decades to come. <br /> <br /> <strong>Project Background</strong><br /> Cadiz Inc. is a private corporation that owns approximately 34,000 acres of land in the Cadiz and Fenner valleys in eastern San Bernardino County. Despite the location in the heart of the desert, underlying the land is a vast groundwater basin that holds an estimated 17-to-34 million acre-feet of fresh groundwater. Within this closed basin system, groundwater percolates from higher elevations and eventually flows to Bristol and Cadiz dry lakes. Once the fresh groundwater reaches the dry lakes, it evaporates&mdash;first mixing with the highly saline groundwater zone under the dry lakes so that the water is no longer fresh, suitable, or available to support freshwater beneficial uses.<br /> <br /> In the interest of preventing the waste of a beneficial water source, Santa Margarita Water District worked in collaboration with Cadiz to develop a creative, comprehensive, and long-term groundwater management program for the basin. Under the groundwater conservation and recovery component of the Project, an annual average of 50,000 acre-feet of groundwater would be pumped from the basin over a fifty-year period. The water would then be transported via a forty-three-mile underground water conveyance pipeline to the Colorado River Aqueduct, where it would be transported to the District and other participating agencies. <br /> <br /> <strong>Environmental Review and Project Approval</strong><br /> In March 2011, the District posted a notice informing the public that a draft Environmental Impact Report would be prepared under the California Environmental Quality Act. In June 2011, San Bernardino County, Cadiz and the District executed a Memorandum of Understanding that provided that the District would act as the designated lead agency for purposes of completing the Environmental Impact Report (EIR). The District and its legal counsel (Best Best &amp; Krieger LLP), worked to produce an EIR that analyzed the Project&rsquo;s potential environmental impacts, while also ensuring that the EIR was legally defensible in all respects. On July 31, 2012, the District certified the final EIR and approved the Project. <br /> <br /> <strong>The Lawsuits and Successful Defense in the Trial Court</strong><br /> Shortly after the District approved the Project, numerous lawsuits were filed challenging the Project.[1] The Center for Biological Diversity, the San Bernardino Valley Audubon Society, the Sierra Club and the National Parks Conservation Association, among other groups, filed several petitions for writ of mandate, challenging the Project under CEQA as well as compliance with county requirements. Some of the arguments that were raised by these groups included: <ol> <li>the District was improperly designated as the lead agency for the Project;</li> <li>the EIR&rsquo;s project description was inaccurate and misleading;</li> <li>the EIR was misleading because it did not provide an accurate duration for pumping; and</li> <li>the Project would pump more water from the aquifer than contemplated by the EIR.</li> </ol> A private party, Delaware Tetra Technologies, Inc., also filed legal challenges against the Project. Delaware Tetra operates brine-mining facilities at the dry lakes, producing calcium chloride brine and sodium chloride salt. Delaware Tetra filed several petitions for writ of mandate challenging, among other actions, the District and the County of San Bernardino&rsquo;s execution of the MOU designating the District as lead agency, the adequacy of the EIR, and whether the county followed applicable county requirements.<br /> <br /> The trial court ultimately denied all of the petitions and ruled for the District, the county and Cadiz on all causes of action. The petitioners appealed the trial court&rsquo;s rulings. <br /> <br /> <strong>The Court of Appeal&rsquo;s Review and the District&rsquo;s Victory </strong><br /> On May 10, the court of appeal affirmed the trial court&rsquo;s rulings and denied all of the petitions in a series of partially published and unpublished decisions. In evaluating the claims, the court of appeal considered whether the designation of the District, versus the County of San Bernardino, as lead agency for the Project violated CEQA. Under CEQA, the &ldquo;lead agency&rdquo; for a project is usually the &ldquo;public agency which has the principal responsibility for carrying out or approving a project.&rdquo; Pub. Res. Code &sect; 21067; Cal. Code Regs., tit. 14, &sect; 15051(a), (b). Here, the environmental groups and Delaware Tetra argued that the County of San Bernardino should be the lead agency for the Project, in part because the groundwater would be pumped from the county. <br /> <br /> Rejecting this argument, the court of appeal considered State CEQA Guideline section 15051, the guideline that governs the designation of lead agency under CEQA, and held that where an agency is contemplating partnering with a private entity, &ldquo;the agency that will serve as lead agency for purposes of the environmental review . . . may be (1) the public agency that is part of the public/private partnership, or (2) the public agency with the greatest responsibility for supervising or approving the project as a whole.&rdquo; <em>Center for Biological Diversity v. County of San Bernardino</em>, 247 Cal. App. 4th 326, 340 (2016).<br /> <br /> Therefore, the District &ldquo;was correctly designated as the lead agency for the Project under either prong of this test.&rdquo; <em>Id.</em> The court reached this conclusion based on the District&rsquo;s involvement in the cooperative partnership with Cadiz in implementing, overseeing, and carrying out the Project. In particular, the court emphasized the District&rsquo;s day-to-day responsibilities for managing, operating, and maintaining the Project, as well as its obligation to obtain financing for the costs of operation. <br /> <br /> In addition, the court held that the parties had appropriately designated the District as lead agency by agreement. Where two or more public agencies will be involved with a project and each has a &ldquo;substantial claim&rdquo; to serve as lead agency, CEQA provides that the parties &ldquo;may by agreement designate an agency as the lead agency.&rdquo; Cal. Code. Regs., tit. 14, &sect; 15051(d). Here, the parties had entered into an MOU that designated the District as lead agency, which the court found appropriate given the District&rsquo;s substantial authority over the Project &ldquo;as a whole.&rdquo; <em>Center for Biological Diversity</em>, 247 Cal. App. 4th at 343-44. As a result, the court held that the District had appropriately been designated as lead agency. The court also found that the EIR fully complied with CEQA. <em>Id.</em><br /> <br /> With regard to Delaware Tetra&rsquo;s claims regarding the approval of the MOU, the primary claim related to whether the District and the county should have completed environmental review before approving the MOU. Resolving this issue turned on whether the approval of the MOU constituted a &ldquo;project&rdquo; under CEQA. A &ldquo;project&rdquo; within the meaning of CEQA is a discretionary activity by a public agency &ldquo;which may cause either a direct physical change . . . or a reasonably foreseeable indirect physical change in the environment&rdquo; Pub. Res. Code &sect; 21065. As the impetus for several other necessary governmental approvals, Delaware Tetra argued that the MOU was a &ldquo;core component&rdquo; of the Project for which CEQA review was required. <em>Delaware Tetra Technologies, Inc. v. County of San Bernardino</em>, 247 Cal. App. 4th 352, 362 (2016). <br /> <br /> The court of appeal disagreed, finding in part that the MOU expressly reserved &ldquo;all discretionary authority to approve, deny, or condition the [Project]&rdquo; pending the completion of environmental review. Id. Thus, environmental review prior to MOU approval would have been premature.<br /> <br /> Finally, in related cases, the court of appeal found that the county had complied with its requirements prior to taking action on the Project. <br /> <br /> <strong>Conclusion</strong><br /> As public agencies continue to search for drought resilient water supplies, this case represents a major victory for both the District and the citizens of Orange County. In addition, it provides an excellent example of how public and private entities may coordinate to ensure that public infrastructure projects are successfully navigated throughout the regulatory and litigation processes to completion.<br /> <br /> ENDNOTE<br /> (1) <em>Center for Biological Diversity et al. v. County of San Bernardino et al.</em>, Orange County Superior Court Case no. 30-2012-00612947; <em>Center for Biological Diversity et al. v. County of San Bernardino et al.</em>, Orange County Superior Court Case no. 30-2012-00633936; <em>Delaware Tetra Techs., Inc. v. Santa Margarita Water District et al.</em>, Orange County Superior Court Case no. 30-2012-00636391; <em>Delaware Tetra Techs., Inc. v. County of San Bernardino et al.</em>, Orange County Superior Court Case no. 30-2012-00594355; <em>Delaware Tetra Techs., Inc. v. County of San Bernardino et al.</em>, Orange County Superior Court Case no. 30-2012-0056715; <em>Delaware Tetra Techs., Inc. v. County of San Bernardino et al.</em>, Orange County Superior Court Case no. 30-2013-00635215.<br /> <br /> <strong><em>Michelle Ouellette</em></strong><em> is a partner in Best Best &amp; Krieger LLP&rsquo;s <a target="_blank" href=";LPA=492&amp;format=xml"><span style="color: rgb(0, 0, 255);">Environmental Law &amp; Natural Resources practice group</span></a>. Her practice emphasizes the California Environmental Quality Act, the National Environmental Policy Act, and state and federal endangered species laws. She can be reached at <a href=""><span style="color: rgb(0, 0, 255);"></span></a>.<br /> <br /> <div style="text-align: center;">###</div> <br /> This article originally appeared in the August 2016 edition of Orange County Lawyer magazine, a publication of the Orange County Bar Association. Reprinted with permission.<br /> </em>BB&K In The News24 Aug 2016 00:00:00 -0800 Quality District’s CEQA Thresholds Limited significant new decision that could impact lead agencies&rsquo; California Environmental Quality Act analysis of toxic air contaminants was handed down this week by a California appellate court. The First District Court of Appeal upheld the CEQA thresholds of significance adopted by the Bay Area Air Quality Management District, which were challenged by a building industry group, but found that the thresholds &mdash; as to toxic air contaminants &mdash; may be used in only limited circumstances. <br /> <br /> The decision comes in the wake of a California Supreme Court decision rendered late last year, which sent the case back to the lower appellate court. In 2010, the District adopted thresholds of significance that set a limit on the level of toxic air contaminants and particulate matter that could be experienced by residents and workers brought to an area as a result of a proposed project (&ldquo;receptor thresholds&rdquo;). The California Building Industry Association challenged these thresholds on grounds that CEQA does not require an analysis of an existing condition&rsquo;s impact on a new project&rsquo;s occupants. <br /> <br /> Last year in <a target="_blank" href=";doc_id=2013110&amp;doc_no=A135335"><em><span style="color: rgb(0, 0, 255);">California Building Industry Association v. Bay Area Air Quality Management District</span></em></a>, the Supreme Court agreed with CBIA, finding that CEQA does not generally require an agency to consider the effects of existing environmental conditions on a proposed project&rsquo;s future users and residents. The Court struck down a portion of State CEQA Guidelines section 15126.2(a) on grounds it was inconsistent with this general rule and therefore unauthorized by CEQA. The Court explained that the rule against requiring analysis of an existing condition&rsquo;s impacts on a project&rsquo;s users would not apply where a project could <em>exacerbate</em> existing environmental hazards. The Court remanded the case to the Court of Appeal to determine whether the District&rsquo;s receptor thresholds were consistent with its decision. <br /> <br /> On remand, the District acknowledged &mdash; and the appellate court agreed &mdash; that a lead agency cannot require a project proponent to obtain an EIR or implement mitigation measures based solely on the impact the existing environment would have upon future users or residents. Nonetheless, the District argued that the receptor thresholds did not need to be set aside because there were legitimate circumstances in which they could be utilized. The Court of Appeal ruled on each circumstance raised:<br /> <br /> <ul> <li>The voluntary use of receptor thresholds must be limited to an agency&rsquo;s proposed projects, and cannot be imposed on third party project proponents.</li> <li>Receptor thresholds can be applied to any new project to determine whether it would worsen existing conditions and thus affect future users of the project.</li> <li>Receptor thresholds can be used by a school district acting as a lead agency to assess such hazards.</li> <li>A lead agency charged with CEQA review of a project governed by certain housing development exemption provisions can apply the receptor thresholds to determine whether air quality posed a health risk to future occupants of such a qualifying housing project.</li> <li>While the District argued the receptor thresholds could be used to determine whether a particular project is consistent with a general plan and the Court did not rule out the possibility, it declined to make such a determination because the District did not provide the Court with a concrete example of such a use.</li> </ul> <br /> For the above reasons, the Court concluded that a lead agency may rely on the receptor thresholds in certain circumstances. The Court remanded the case to the trial court with instructions to partially grant CBIA&rsquo;s petition for writ of mandate, thereby invalidating that portion of the District&rsquo;s CEQA Guidelines that suggest that lead agencies should apply the thresholds to &ldquo;routinely assess the effect of existing environmental conditions on future users or occupants.&rdquo; <br /> <br /> If you have any questions about this opinion or how it may impact your city agency, please contact the attorney authors of this Legal Alert listed to the right in the firm&rsquo;s <a href=";LPA=492&amp;format=xml" target="_blank"><span style="color: rgb(0, 0, 255);">Environmental Law &amp; Natural Resources</span></a> practice group, or your <a href="" target="_blank">BB&amp;K attorney</a>.<br /> <br /> 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>.<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>Legal Alerts18 Aug 2016 00:00:00 -0800 Guidance Issued for Analyzing Climate Change in National Environmental Policy Act Documents<p>The White House&rsquo;s Council on Environmental Quality has issued new guidance directing federal agencies to evaluate greenhouse gas emissions and climate change when preparing documents for proposed agency actions under the National Environmental Policy Act. Although CEQ&rsquo;s guidance document is, as the name indicates, just guidance, it will likely result in changes to the way NEPA documents are drafted and provide ammunition to project opponents if the guidance is not followed.</p> <p>A key point made in the new <a target="_blank" href=""><span style="color: rgb(0, 0, 255);">guidance document</span></a> is that federal agencies should quantify GHG emissions when possible, regardless of a proposed action&rsquo;s size. This emphasis appears to have stemmed from concern that GHG emissions might be overlooked on the basis that climate change occurs on a global scale and a single action makes only a small contribution to global conditions. CEQ&rsquo;s guidance makes clear that agencies should not limit themselves to calculating a proposed action&rsquo;s emissions as a percentage of sector, nationwide or global emissions in deciding whether or to what extent to consider climate change impacts under NEPA.</p> <p>The emphasis on quantifying GHG emissions for all projects is a change from CEQ&rsquo;s previous draft guidance document, which included a threshold of 25,000 metric tons of CO<sub>2</sub>-equivalent emissions before quantification was warranted. The new guidance eliminates this threshold and instead recommends that agencies quantify a proposed agency action&rsquo;s direct and indirect GHG emissions without &ldquo;establish[ing] any particular quantity of GHG emissions as &lsquo;significantly&rsquo; affecting the quality of the human environment.&rdquo; Although federal agencies may apply the rule of reason when determining the level of review that is appropriate, CEQ&rsquo;s guidance recommends that where agencies do not quantify a proposed action&rsquo;s anticipated GHG emissions &ldquo;agencies include a qualitative analysis in the NEPA document and explain the basis for determining that quantification is not reasonably available.&rdquo;</p> <p>In addition to other directives, CEQ&rsquo;s guidance document makes clear that NEPA analyses should evaluate not only a proposed action&rsquo;s impact on climate change, but also the effects of climate change on the proposed action. This approach diverges from environmental review under the California Environmental Quality Act, where documents do not need to consider the effects of the environment on a project, as recently confirmed by the California Supreme Court. Agencies should be mindful of this divergence when preparing joint NEPA/CEQA documents.</p> <p><a target="_blank" href=""><span style="color: rgb(0, 0, 255);">CEQ&rsquo;s new guidance document</span></a> will impact future agency actions subject to NEPA and potentially even agency actions currently undergoing NEPA review. As a result, agencies and project proponents should work closely with legal counsel to ensure their NEPA documents are consistent with CEQ&rsquo;s new guidance.</p> <p>If you have any questions about the new guidance or how it may impact your organization, please contact the attorney authors of this Legal Alert listed to the right in the firm&rsquo;s <a href=";LPA=492&amp;format=xml" target="_blank"><span style="color: rgb(0, 0, 255);">Environmental Law &amp; Natural Resources</span></a> practice group, or your <a href="" target="_blank"><span style="color: rgb(0, 0, 255);">B</span></a><a href="" target="_blank"><span style="color: rgb(0, 0, 255);">B&amp;K attorney</span></a>.</p> <p>Please feel free to share this Legal Alert or subscribe by <a target="_blank" href=""><span style="color: rgb(0, 0, 255);">clicking here</span></a>. Follow us on Twitter @BBKlaw.</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 Alerts15 Aug 2016 00:00:00 -0800