Best Best & Krieger News Feed

AB 1825 Sexual Harassment Avoidance Training

16 May 2013 00:00:00 -0800

California's Fair Employment and Housing Act, pursuant to AB 1825, requires that employers with fifty or more employees in California provide at least two hours of Sexual Harassment Avoidance Training every two years to any employee that has a supervisory role in operations. This presentation is designed to satisfy those requirements.

Joseph Ortiz will be presenting the training from the Riverside office. All other BB&K offices will participate in the training via state-of-the-art video conferencing. The video conference is interactive, allowing attendees to ask questions and participate in other ways.

What will be covered:

What constitutes sexual harassment or discrimination in the workplace
How to recognize and avoid it
What procedures to follow if you witness harassment or are harassed yourself
The potential consequences - including personal liability - of sexual harassment

Who should attend:

Supervisors
Human Resources Professionals
Public Officials
Managers & Private Business Professionals with 50 or More Employees

When:
Thursday, May 16
3:00pm - 5:00pm

Registration:
CLICK HERE TO REGISTER

The training will be also be held via video conference at the following BB&K Offices throughout CA. When you register you will select which office you will select where you plan to participate in the training.

Indian Wells
Irvine
Los Angeles
Ontario
Riverside – Joseph Ortiz will be presenting from the Riverside office
Sacramento
San Diego
Walnut Creek

Cost is $75 per person. *Payment by check must be received before or on the day of the session.

BB&K Presenter:
Joseph Ortiz, Partner, Labor & Employment Practice Group in Riverside office

QUESTIONS:
Contact Katey Lamke if you have any questions about this event and/or about BB&K upcoming seminars/events.

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Associate Attorney - Municipal Law - Walnut Creek Office

07 Jan 2013 00:00:00 -0800

Best Best & Krieger's Walnut Creek office has an immediate mid-level associate opening in its Municipal Law Group requiring 3 to 5 yrs. of specific municipal law transactional experience. Some municipal law litigation experience preferred. Qualified applicants are invited to submit by email or mail a cover letter, resume and law school transcript to:

Jill N. Willis
Chief Talent Officer
Best Best & Krieger LLP
300 South Grand Avenue, 25th Floor
Los Angeles, CA 90071
Email: Jill.Willis@bbklaw.com

No phone calls please

Fourteen Best Best & Krieger Attorneys Named Best Lawyers in America for 2013

01 Jan 2013 00:00:00 -0800

Fourteen attorneys from Best Best & Krieger LLP offices throughout California were recently selected by their peers for inclusion in The Best Lawyers in America® 2013. (Copyright 2012 by Woodward/White, Inc., of Aiken, S.C.).

In addition, two attorneys were also named 2013 “Lawyers of the Year” for specific practices and geographic areas.

Best Lawyers, established in 1983, is based on an exhaustive peer-review survey in which more than 39,000 attorneys cast nearly 3.1 million votes on the legal abilities of other lawyers in their practice areas. Lawyers are not required or allowed to pay a fee to be listed.

SOUTHERN CALIFORNIA

BB&K attorneys based in Riverside who were ranked as leaders in their fields include Eric Garner, a water rights attorney and managing partner of the nine-office law firm, for environmental litigation and water law; Michelle Ouellette for energy, environmental, environmental litigation and natural resources law; Gregory K. Wilkinson and Arthur L. Littleworth for energy, environmental litigation, natural resources and water law; and George M. Reyes for corporate law. Best Lawyers also named Littleworth a 2013 "Lawyer of the Year" for Riverside in environmental litigation.

In the firm’s Ontario office, Stephen P. Deitsch, who serves as city attorney to Indian Wells, Arcadia, Big Bear Lake and Shafter, was named for municipal, land use and zoning law. Also named in the municipal law category was John E. Brown, who serves as city attorney to Ontario and as town attorney for Apple Valley.

In San Diego, Robert J. Hanna, a real estate attorney, was named for commercial litigation.

NORTHERN CALIFORNIA

The attorneys honored in the Sacramento office were Edward J. Quinn Jr. and Joseph E. Coomes, Jr. for municipal, land use and zoning law; T. Brent Hawkins for municipal law; Harriet Steiner, the city attorney of Davis, for municipal law and municipal litigation; and Iris P. Yang, city attorney of Paso Robles, for municipal, land use and zoning law, and municipal litigation. Best Lawyers also named Coomes a 2013 "Lawyer of the Year" for Sacramento in municipal law.

In Walnut Creek, environmental attorney and former member of the California Attorney General’s office, Roderick E. Walston, was named for natural resources and water law.

Six BB&K Attorneys Named 2012 Northern California Super Lawyers and Rising Stars

10 Jul 2012 00:00:00 -0800

Four Best Best & Krieger attorneys were named among the Northern California lawyers most respected by their peers. In addition, two BB&K lawyers are among the top up-and-coming attorneys in Northern California under 40 years of age or practicing less than 10 years.

The attorneys on the 2012 Northern California Super Lawyers list are Susan L. Schoenig for employment and labor law, Stacey N. Sheston for employment and labor law, Harriet A. Steiner for government and municipal law, and Gene Tanaka for environmental litigation. Super Lawyers’ 2012 Northern California Rising Stars are Sarah E. Owsowitz for land use and zoning law, and Kara K. Ueda for government and municipal law.

Schoenig advises a diverse group of public and private employers in all types of employment and labor matters. She handles wrongful termination and unlawful harassment matters from the filing of the initial complaint through investigation, subsequent litigation and trial. She has served as the California Public Employees Retirement System’s litigation supervisor.

Sheston is co-leader of the firm’s labor and employment practice group. Her practice includes providing day-to-day employment advice to both public and private employers. Sheston also represents employers in employment-related mediations, arbitrations, administrative hearings and court proceedings.

Steiner, who is city attorney of Davis, also represents special districts and joint powers agencies as general counsel and special counsel. Her areas of specialty include land use, environmental law, telecommunications law and cable television franchising, wastewater and municipal water, and public financing.

Tanaka is a public agency litigator. He has litigated many land use cases, including the successful Los Angeles Superior Court challenge to the Ward Valley Low Level Radioactive Waste Facility. Tanaka also represents clients in toxics cases for cleanup or damages. He has worked on the Stringfellow cleanup litigation in U.S. District Court.

Owsowitz’s practice focuses on advice and litigation regarding the California Environmental Quality Act, with a concentration on urban decay, climate change, water supply and cultural resource issues. She has substantial experience obtaining entitlements and preparing and defending environmental impact reports for large-scale development projects, hospital retrofits and renewable energy projects.

Ueda specializes in municipal law, conflicts of interest, elections, land use, and the California Environmental Quality Act. She also assists public agencies on general plan updates, LAFCO matters, Proposition 218, and Brown Act and Public Records Act compliance. In addition, Ueda routinely litigates CEQA, land use and elections cases in state and federal courts.

Best Best & Krieger Among Nation’s Most Diverse Law Firms

18 Jun 2012 00:00:00 -0800

For Immediate Release: June 18, 2012
Media Contact: Jennifer Bowles • 951.826.8480 • jennifer.bowles@BBKlaw.com

RIVERSIDE, Calif. _ Best Best & Krieger LLP ranked 15th among the nation's most racially diverse law firms, with nearly 20 percent of its attorneys hailing from minority backgrounds, according to The American Lawyer's annual Diversity Scorecard, published in the magazine’s June issue.

BB&K, with 200 attorneys in nine offices in California and Washington D.C., placed in the Top 20 for the fifth year straight. In all, 233 of the nation’s largest and highest-grossing firms responded to this year’s survey, placing BB&K’s No. 15 ranking in the top 6.5 percent.

Eric Garner, BB&K’s managing partner, said he was very pleased with the results of the Diversity Scorecard, which also placed the firm ninth overall for the highest percentage of minority partners.

“We believe that our continued presence in the Top 20, and our highest ranking yet, reflects the firm’s longstanding commitment to diversity, which we believe is essential to foster the kind of creative solutions our clients need in 2012,” Garner said.

BB&K clients includes cities, counties, public agencies, water and school districts, companies and individuals.

The survey showed:

- BB&K’s percentage of minority attorneys, at 18.5 percent, or 35 attorneys, is nearly five percent higher than the national average of 13.6 percent.

- Of the 195 attorneys at BB&K, 15 are Hispanic-American, 15 are Asian-American, four are African-American and one is of mixed race.

- The percentage of BB&K’s minority attorneys who are partners, at 14.4 percent, rose more than 2 percent from the year before and was the ninth highest overall.

One of those partners, Gene Tanaka, sits on the firm’s executive committee and is managing partner of the Walnut Creek office. Another partner, Marco Martinez, is managing partner of the firm’s Irvine office.

Tanaka, who is Japanese-American, said the firm has always been welcoming to attorneys from diverse backgrounds.

“In my 27 years at BB&K, I can honestly say that my race has never been a consideration or issue,” he said. “I frankly do not think anyone really thought about it professionally or socially. I cannot imagine any better treatment by a group of people.”

Tanaka said shortly after he arrived at the firm, BB&K’s partners appointed him to lead an ad hoc committee to consider diversity and, as a result, the firm adopted a policy in the early 1990s to encourage diversity based on race, ethnicity and sexual orientation before many other firms.

In 2008 and 2009, BB&K ranked 19th in the Diversity Scorecard; 17th in 2010; and 19th last year.

Last year, BB&K launched a scholarship/fellowship program for a law student from a diverse background. The program offers the recipient a paid summer associate position for two summers during law school in addition to a $7,500 scholarship once the program is completed. The program’s current recipient, Leo Li from Loyola Law School, will be working in the firm’s Riverside and Ontario offices for his second summer this year. Fluent in Mandarin Chinese, Li is on track to graduate in 2013.

According to American Lawyer, large firms slightly reduced their percentage of minority attorneys to 13.6 percent. The magazine editors said they weren’t too worried about the slight dip from 13.9 percent from the year before because the editors tweaked the methodology for the latest survey to include full-time equivalent numbers for the entire calendar year. That meant that part-time attorneys were prorated in their statistics.

Environmental Rules for Development Loosening as Builders Look to Expedite CEQA Reviews

20 Apr 2012 00:00:00 -0800

Last fall, in a push to build a propose football stadium in downtown Los Angeles and help other big projects turn dirt, Gov. Jerry Brown signed into law a pair of bills aimed at cutting lengthy reviews under the California Environmental Quality Act.

Now, new discussions about environmental review fast-tracking for developments are beginning to sprout, including recent talks about streamlining the process for a massive bullet train system. The state’s high unemployment rate and sluggish construction are helping fuel the rule loosing, as lawmakers are more receptive to speeding up projects that can help jumpstart the battered economy.

And lawyers say their development clients are increasingly interested in slicing through the often yearslong environmental studies to more quickly get their projects off the ground.

“I certainly expect arguments to be made to expand the categories of projects in California that can see streamlined review,” said Sarah E. Owsowitz, of counsel in Best Best & Krieger LLP’s Environmental Law and Natural Resources practice group.

Click here to read the full article. (Daily Journal subscription required).

BB&K Adds Environmental Attorney in Northern California

27 Feb 2012 00:00:00 -0800

For Immediate Release: Feb. 27, 2012
Media Contact: Jennifer Bowles • 951.826.8480 • jennifer.bowles@BBKlaw.com

WALNUT CREEK, Calif. _ Best Best & Krieger LLP has hired Sarah E. Owsowitz, an environmental attorney and former deputy city attorney for San Francisco, to join its environmental law and natural resources practice as an of counsel attorney.

Owsowitz’s practice focuses on advice and litigation involving the California Environmental Quality Act, widely known as CEQA, with an emphasis on air quality, climate change, water supply, urban decay and cultural resources.

In particular, she has experience in obtaining entitlements and preparing and defending environmental impact reports for large-scale retail and residential development projects and hospital retrofits such as the Acute Care Tower Replacement Project for the Alameda County Medical Center (Highland Hospital) in Oakland.

In addition, Owsowitz has provided CEQA and permitting counsel for wind and solar energy projects across California, from Sacramento County to San Diego County.

“Sarah comes to us with a rich background in CEQA and she’ll provide a strong anchor for our Northern California clients,” said Michelle Ouellette, a BB&K partner and member of the firm’s executive committee who also specializes in CEQA.

Prior to joining BB&K, Owsowitz worked at Cox Castle & Nicholson and Morrison & Foerster. Before that, she served for seven years as a deputy city attorney for the city and county of San Francisco.

“I was looking to join a large, statewide land use and natural resources practice where I could work in both the public and private sectors, and I found that at BB&K,” she said.

Owsowitz received her law degree and a master’s degree in planning from the University of Minnesota in 1998.

Court of Federal Claims Dismisses Water District Takings Lawsuit

07 Dec 2011 00:00:00 -0800

Ojai California’s Casitas Municipal Water District has – at least for the time being – failed in its quest for compensation from the United States for water lost to comply with a National Marine Fisheries Service Biological Opinion (BiOp) intended to benefit endangered west coast steelhead trout. However, the court’s Opinion leaves open the possibility that if and when Casitas – or someone else – can demonstrate that water taken by the government has resulted in an actual reduction of the beneficial use of water – e.g., the amount of water actually delivered to customers – the government will be liable under the Fifth Amendment to actually pay for it.

After trial on remand from the Court of Appeals in Casitas Municipal Water District v. United States, Case No. 1:05-cv-00168-JPW, the trial court ruled on December 5 that Casitas’ “compensable property interest” under California water law is not the water that it diverts into its reservoir under its state permits, but is its right to the beneficial use of that water. The court found that Casitas has not yet suffered any reduction in that aspect of its water rights.

The court rejected both Casitas’ argument that it should be compensated for water it had a legal right to divert but did not because of the BiOp, and the United States’ argument that because of underlying California water law principles, Casitas’ legal right to divert was already limited, notwithstanding the BiOp.

With respect to one of those underlying principles, the public trust doctrine, the court cited the California Supreme Court’s 1983 observation that “[t]he population and economy of [California] depend upon the appropriation of vast quantities of water for uses unrelated to in-stream trust values,” stating that “Notably, the public trust doctrine is concerned not only with fish and other environmental values, but also with human navigation and commerce.” The power of the government to take water for environmental uses is not absolute.

For more information on this case and how it may affect your agency or project, please contact Robert Sawyer or Roderick Walston of BB&K’s Environmental Law & Natural Resources practice group.

Disclaimer: BB&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 communiqué.

Twelve Best Best & Krieger Attorneys Named Best Lawyers in America for 2012

06 Sep 2011 00:00:00 -0800

RIVERSIDE, Calif. _ Twelve lawyers from Best Best & Krieger LLP offices throughout California were recently selected by their peers for inclusion in The Best Lawyers in America® 2012. (Copyright 2010 by Woodward/White, Inc., of Aiken, S.C.).

BB&K attorneys who were ranked as leaders in their fields include Eric Garner, a water rights attorneys and managing partner of the nine-office law firm, for environmental litigation.

Best Lawyers, established in 1983, is based on an exhaustive peer-review survey in which more than 39,000 attorneys cast almost 3.1 million votes on the legal abilities of other lawyers in their practice areas. Lawyers are not required or allowed to pay a fee to be listed.

Other BB&K attorneys bestowed with the honor include the following from the Riverside office: Michelle Ouellette, for energy, environmental, environmental litigation and natural resources law; Gregory K. Wilkinson and Arthur L. Littleworth for energy, environmental litigation, natural resources and water law; and George M. Reyes for corporate law.

In the firm’s Ontario office, Stephen P. Deitsch, who serves as city attorney to Indian Wells, Arcadia, Big Bear Lake and Shafter, was named for municipal, land use and zoning law. Also named in the municipal law category was John E. Brown, who serves as city attorney to Ontario and as town attorney for Apple Valley.

The attorneys honored in the Sacramento office were Ed J. Quinn Jr. and Joseph E. Coomes, Jr. for municipal, land use and zoning law; Harriet Steiner, the city attorney for Davis, for municipal law and municipal litigation, and Iris P. Yang, city attorney for Paso Robles, for municipal litigation.

In Walnut Creek, Roderick E. Walston was named for natural resources and water law.

Four BB&K Attorneys Named 2011 Northern California Super Lawyers

13 Jul 2011 00:00:00 -0800

Four Best Best & Krieger attorneys were named among the lawyers most respected by their peers in Northern California Super Lawyers’ 2011 list. Northern California Super Lawyers lists the top five percent of attorneys who have attained a high degree of peer recognition and personal achievement.

The honored attorneys are Susan L. Schoenig for employment and labor law; Ann Taylor Schwing for business litigation; Harriet A. Steiner for government and municipal law, and Gene Tanaka for land use and zoning law.

Schoenig advises a diverse group of public and private employers in all types of employment and labor matters. She has served as the California Public Employees Retirement System’s litigation supervisor. Schoenig also represents clients in a wide range of real estate and commercial litigation.

Schwing’s litigation practice focuses on appeals, motions and research. She divides her time between work for the firm, writing legal treatises and volunteer work on several nonprofit boards. She serves as commissioner and secretary for the Land Trust Accreditation Commission, and as an executive committee member and Master of the Bench for The Anthony M. Kennedy Inn of Court.

Steiner, who is city attorney of Davis, also represents special districts and joint powers agencies as general counsel and special counsel. Her areas of specialty include land use, environmental law, telecommunications law and cable television franchising, wastewater and municipal water, and public financing.

Tanaka is a public agency litigator. He has litigated many land use cases, including the successful Los Angeles Superior Court challenge to the Ward Valley Low Level Radioactive Waste Facility. Tanaka also represents clients in toxics cases for cleanup or damages. He has worked on the Stringfellow cleanup litigation in U.S. District Court.

BB&K's Christopher Calfee Chosen by Law360 As One of Nation's Top Five Environmental Lawyers Under 40

18 Mar 2011 00:00:00 -0800

Christopher H. Calfee was selected today by Law360 as one of the nation's top five environmental lawyers under 40 to watch.

Calfee received the distinction for helping to craft the state's guidelines for analyzing greenhouse gas emissions under the California Environmental Quality Act, taking a leave from Best Best & Krieger after he was appointed by then-Gov. Schwarzenegger for the task.

As special counsel for the Office of Planning and Research and the California Natural Resources Agency, Calfee was the lead attorney responsible for the development and adoption of amendments to the state’s CEQA Guidelines addressing analysis and mitigation of greenhouse gas emissions

Returning to BB&K last year, Calfee now advises clients on compliance with CEQA and evolving federal and state climate change laws, including AB 32 and SB 375, and assists in the development of long-range plans for the reduction of greenhouse gas emissions.

BB&K Ranks 27th in California; First in Inland Southern California

09 Feb 2011 00:00:00 -0800

Best Best & Krieger LLP ranked 27th in a survey of California’s largest law firms, up from 32 last year, according to a special supplement published in today’s Daily Journal.

BB&K, founded in Riverside in 1891, came in first in the Inland Empire, with 85 attorneys based in Riverside, Ontario and Indian Wells when the newspaper conducted the survey at the end of last year.

In Southern California, BB&K ranked 15th in a list of the top 25 largest firms in the region, the newspaper reported.

BB&K, with 195 attorneys at the time of the survey, has five other offices across California in San Diego, Sacramento, Los Angeles, Irvine and Walnut Creek.

Click here to view the Daily Journal's special supplement (subscription required)

BB&K Attorney Named “Top 20 Under 40” in California

12 Jan 2011 00:00:00 -0800

For Immediate Release: Jan. 12, 2010
Media Contact: Jennifer Bowles · 951.826.8480 · jennifer.bowles@BBKlaw.com

Eds Note: Click here for more information on the CEQA Guidelines

LOS ANGELES _ Christopher H. Calfee, a Best Best & Krieger attorney who helped craft the state’s historic guidelines for analyzing greenhouse gas emissions under the California Environmental Quality Act, was named a “Top 20 Under 40” attorney in the state by the Daily Journal.

The guidelines, which became effective in March, were the nation’s first set of binding regulations to require consideration of greenhouse gas emissions on such a broad scale.

The regulations require cities, counties and other agencies considering the approval of a project _ including proposed housing, commercial developments and infrastructure projects _ to consider the amount of greenhouse gas emissions the project would generate and ways to reduce or mitigate those emissions. Such emissions lead to climate change.

“It was privilege to be part of such a major undertaking by the state, and an honor to be recognized for that work by The Daily Journal,” Calfee said.

The Daily Journal Corp., publisher of the Los Angeles and San Francisco Daily Journals, issued its list of the top 20 attorneys under the age of 40 throughout California in a special supplement to today’s editions.

Calfee, 35, returned to BB&K’s Walnut Creek office in April after working on the guidelines while serving as special counsel to the California Natural Resources Agency and Office of Planning and Research. He was appointed to the post by then-Gov. Schwarzenegger.

At BB&K, Calfee is of counsel in the firm’s environmental law and natural resources practice where he helps cities, water districts and private businesses understand how to comply with the guidelines and other regulations involving climate change and sustainability.

Calfee graduated from UC Davis School of Law in 2001.

Act Now - Climate Regulation Is Here to Stay

20 Dec 2010 00:00:00 -0800

Several events in the last year make clear that climate change is now firmly planted in California's regulatory environment. Now, both the private and public sector, including industries, developers, cities, and other public agencies, can be advised to pay close attention to the state's evolving climate change regulations to figure out what is required, and how to make the most of them.

Click here to read the article.

Eight BB&K Attorneys Honored by Their Peers as 2011 "Best Lawyers in America"

07 Dec 2010 00:00:00 -0800

Eight Best Best & Krieger LLP attorneys have been recognized by their peers as being among the nation’s most respected lawyers in the 2011 edition of “The Best Lawyers in America”® for expertise ranging from corporate and energy law to municipal and water law.

Joseph E. Coomes, Jr. has been recognized in the areas of land use and zoning, and municipal law. His practice concentrates on redevelopment, land use and planning law, including military base closure and reuse. He represents a number of public agencies and major developers in complex land use matters and negotiation of development agreements.

Arthur L. Littleworth is named in the water, natural resources, environmental and energy law categories. He is one of the nation’s preeminent water law attorneys and was appointed by the United States Supreme Court as special master of a long-running water rights case between Kansas and Colorado over the Arkansas River.

Michelle Ouellette is listed for environmental, energy and natural resources law. She is known for her expertise in federal and state endangered species laws, the California Environmental Quality Act and environmental issues related to renewable energy development.

Edward J. Quinn, Jr. has been recognized in the areas of land use and zoning, and municipal law. He specializes in land use and redevelopment law. In addition to representing private developers, cities and agencies throughout Northern California, he has assisted numerous Asian and European clients with regard to real estate and plant and equipment investments in the United States.

George M. Reyes is named in the corporate law category. He specializes in mergers and acquisitions, and business transactions. Reyes provides general and special counsel services to private businesses ranging from start-ups to well-established industries, such as steel, medical, hospital, printing and insurance.

Harriet Steiner is listed for municipal law. Her practice focuses on public law, representing cities, special districts and joint powers agencies as city attorney, general counsel and special counsel. Her areas of specialty include land use, environmental law, telecommunications and cable television franchising, wastewater and municipal water, and public financing.

Roderick E. Walston has been recognized in the areas of water, natural resources and environmental law. Having previously served as the acting solicitor for the U.S. Interior Department and a former California deputy attorney general, he has been involved in some of the state’s most pressing natural resources cases, particularly at the appellate level. Walston has argued several times before the U.S. Supreme Court. In addition, he was general counsel for Metropolitan Water District of Southern California.

Gregory K. Wilkinson is named in the water, natural resources, environmental and energy law categories. He works on key cases in California involving water, the state’s most precious resource. He successfully argued before the United States Supreme Court in Bennett v. Spear, 520 U.S. 154 (1997), a case involving endangered species and an irrigation project that straddles the California/Oregon border.

Published biennially since 1983, The Best Lawyers in America is one of the oldest and most respected peer-review publications in the legal profession. Its 2011 list includes 39,766 attorneys in 80 practice areas, covering all 50 states and the District of Columbia. Inclusion on the list is based on more than 3.1 million detailed evaluations of lawyers by other lawyers.

Draft Greenhouse Gas Emissions Cap and Trade Regulations Released for Public Comment

01 Nov 2010 00:00:00 -0800

The California Air Resources Board (CARB) has released its draft Cap and Trade regulations for public review, with the comment period opening today. Cap and Trade is a key component of the Global Warming Solutions Act, better known as AB 32, and is aimed at large emitters of greenhouse gases, such as oil refineries and cement factories, that contribute to climate change. In all, the program will cover 85 percent of the greenhouse gases emitted in the state.

Assuming that Proposition 23 does not pass in Tuesday’s election, the Cap and Trade regulations would: Specify greenhouse gas emissions limits for certain regulated industries, provide emissions allowances to those regulated entities, and allow those that emit below the cap to bank or trade their allowances.

Key features of the program include:

Emissions limits will be in place beginning in 2012, and will decline annually over time.
Covered entities will include large emitters of greenhouse gases, such as the electricity industry, including imports, and other large stationary sources that emit more than 25,000 metric tons of carbon dioxide equivalent per year, including refineries, cement producers, oil and gas producers, glass manufacturers, and food processors. Fuel distributers will be subject to the regulations beginning in 2015.
Covered entities can comply with the cap by purchasing allowances (i.e., permits to emit greenhouse gases) at an auction or from other allowance holders. CARB staff anticipates initial distribution of a combination of free allowances and auctioned allowances, though the final details will be worked out following public comment.
Covered entities can also use offsets to satisfy up to eight percent of their compliance obligation. Four separate offset protocols are being proposed for consideration along with the regulation, including U.S. Ozone Depleting Substances projects, Livestock Manure (Digester) projects, Urban Forest projects, and U.S. Forest projects.
In addition to large emitters, other entities that may choose to participate in the program include the general public, investment banks, land trusts and private citizen groups that would be allowed to hold allowances and offsets, and would be subject to registration and reporting requirements.
The program is designed to link with other states and Canadian provinces participating in the Western Climate Initiative, though linkage to those programs will not be immediate.

The legal and technical justification for those regulations is described in CARB’s Initial Statement of Reasons. The comment period on the regulations continues through Dec.15. A board hearing on this item is scheduled for Dec. 16.

For further information regarding the proposed Cap and Trade regulations, or for assistance participating in CARB's rulemaking process, please contact Christopher Calfee or any attorney in the Environmental Law and Natural Resources practice group.

Disclaimer: BB&K e-Bulletins 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 communiqué.

BB&K's Christopher Calfee Talks About California's Climate Change Regulations

26 Oct 2010 00:00:00 -0800

By Natalie Dolce

WALNUT CREEK, CA-GlobeSt.com chats with Christopher Calfee of counsel in the environmental and natural resources practice group of Best Best & Krieger LLP’s Walnut Creek and Sacramento offices about planning for development certainty in a quickly changing climate and about making the most out of recent changes in the State CEQA Guidelines.

Dolce: Tell me a bit about the Global Warming Solutions Act of 2006 and the Sustainable Communities and Climate Protection Act of 2009, because I know the development landscape changed as a result of those, and I know there is a new set of climate regulations were enacted this year as well.

Calfee: The Global Warming Solutions Act of 2006, commonly known as AB32, does not directly regulate real estate development. Shortly after its passage, however, the development landscape quickly changed as new projects were challenged in court for not incorporating climate change considerations into the environmental review process. Project proponents soon rushed to highlight the green credentials of their projects, but a lack of statewide standards and inconsistent local responses to climate change policies injected unwelcome uncertainty into the development process. The Sustainable Communities and Climate Protection Act of 2008 (SB375) offers some relief by exempting certain types of mixed use projects that would be consistent with a regional “Sustainable Communities Strategy” from some of the more onerous environmental review requirements. It will still be several years though before such strategies are adopted in some of our most populous regions. Even then, the promised exemptions may apply to only a narrow category of projects.

Beyond the AB32 and SB375 hype, a separate set of climate change regulations were enacted just this year that could provide just the certainty necessary to facilitate future development. Major amendments to guidelines implementing the California Environmental Quality Act, widely known as CEQA, went into effect in March requiring public agencies to analyze and mitigate the effects of their projects’ greenhouse gas emissions. In a nutshell, before any public agency can adopt almost any type of project, the environmental review for that project must study the magnitude of the project’s direct and indirect greenhouse gas emissions, decide whether and how those emissions may harm the environment, and implement measures to mitigate those emissions. While analyzing a project’s greenhouse gas emissions is a complicated task, those regulations also provide a streamlining tool for communities that have adopted a climate action plan or similar policy for reducing community-wide greenhouse gas emissions. Under the new CEQA Guidelines, projects that are consistent with a community greenhouse gas reduction plan can skip the complicated analysis. In other words, the agency will not have to reinvent the wheel for each new project that is proposed.

Dolce: What goes into a climate action plan?

Calfee: One of the major plan elements is a reduction target. Unlike the SB375 targets, which are mandated by the State Air Resources Board, emissions reduction targets in a local climate plan are set by the local community, based on local conditions. Once potential future emissions are calculated, the next piece of the plan is to identify ways to reach the reduction target. This is the part that will interest developers. A well-designed plan will spell out exactly how emissions reductions will be achieved (i.e., through energy efficiency standards, solar requirements, urban forestry projects, programs for efficiency upgrades, etc.). This benefits potential developers in at least two ways.

Click here to read the entire article.

BB&K Ranks Seventh in Nation in Associate Job Satisfaction

02 Sep 2010 00:00:00 -0800

For Immediate Release: Sept. 2, 2010
Media Contact: Jennifer Bowles • 951.826.8480 • jennifer.bowles@BBKlaw.com

RIVERSIDE, Calif. _ Best Best & Krieger ranked seventh out of 137 law firms nationwide in the level of job satisfaction enjoyed by its mid-level associates, according to a survey conducted by The American Lawyer magazine. *

Respondents graded their firms on a scale of one to five in areas that contribute to job satisfaction, with five being the highest score. BB&K received an overall score of 4.227, according to the survey in the magazine’s September issue.

Last year, the firm ranked 90th in the annual survey.

Eric Garner, BB&K managing partner, attributed the high ranking to the firm’s ability to offer associates the opportunity to work on meaningful and complex issues early on in their careers. In addition, the firm has a unique practice mix of public agency and business representation, and associates have the opportunity to work with some of the foremost experts in these areas.

“The results of this survey are a compliment to the firm and its efforts to build a solid base of attorneys who will be with the firm for a long time,” Garner said.

Founded in 1891, the firm has eight offices across California and nearly 200 attorneys, including 19 who joined BB&K this week from the Sacramento law firm of McDonough Holland & Allen.

In the survey, the associates – in their third, fourth or fifth year – ranked the law firms in 12 areas that contribute to job satisfaction. Those areas included relations with partners and other associates, the interest and satisfaction level of the work, training and guidance, policy on billable hours, management’s openness about firm strategies and partnership chances, the firm's attitude toward pro bono work, compensation and benefits, and the respondents’ inclination to stay at their firm for at least two more years.

Click here for more information on the survey.

* The survey by The American Lawyer magazine initially ranked BB&K as fifth. The magazine later issued a correction stating that a significant error was made in computing the results of this year's survey. As a result, BB&K was re-ranked as seventh out of 137 law firms. For a more detailed explanation from The American Lawyer, click here.

BB&K Stuffs Backpacks With New School Supplies for Growing Population of Homeless Students

13 Jul 2010 00:00:00 -0800

RIVERSIDE, Calif. _ Attorneys and staff at all eight Best Best & Krieger LLP offices across California will volunteer their time this Monday (July 19) to stuff firm-bought and donated backpacks with new school supplies for homeless students.

The effort is part of Operation Backpack, organized by Volunteers of America and held during the summer by various affiliates across the country. BB&K, which has offices in Sacramento and Walnut Creek, is participating in the effort organized by the Greater Sacramento & Northern Nevada affiliate of Volunteers of America.

BB&K purchased 350 backpacks at a reduced rate from JanSport, which itself donated 50 backpacks. The backpacks will be stocked for students from kindergarten to 12th grade with supplies donated by OfficeMax and Bluebird Office Supplies. The supplies will include, depending on grade level, such items as spiral notebooks, pencils, erasers, sharpeners, calculators, pens, crayons, glue sticks, three-ring binders and flash drives.

BB&K, with offices also in Los Angeles, Irvine, San Diego, Riverside, Ontario and Indian Wells, is the only Southern California business to participate in the sixth-annual backpack drive with the Sacramento-based affiliate of Volunteers of America, said Kim Castaneda, the organization’s community relations manager.

“We believe that every student should have the chance to start off the school year with all of the essential tools they need to be successful. For homeless children, in particular, we felt this was a simple way to help provide some normalcy in their lives," said Jamie Zamoff, BB&K’s chief operating officer.

Maria Casas, the firm’s operations manager, said the goal is to have every staff member and attorney stuff at least one backpack on Monday from 11 a.m. to 12:30 p.m.

Zamoff said BB&K decided to undertake the effort, in part, to unite the firm’s eight offices by giving back to communities across California as BB&K represents school districts and other clients statewide. He also said the firm’s attorneys and staff wanted to actively participate in a charitable cause rather than simply donate money.

“We looked at a number of different charities and Operation Backpack gave us the best chance to do the most good for the most people, especially at a time when the ongoing economic crisis has caused more families to be homeless,” Zamoff said.

A report released in April by the Western Center on Law & Poverty showed that homelessness among California school children has skyrocketed in recent years. Using data from the California Department of Education, the center’s study found that more than 288,000 children were homeless in the 2008-2009 academic year, an increase of 28 percent from the previous year.

Once the backpacks are stocked with supplies at BB&K offices, they will either be picked up or taken to various drop-off areas on July 23 so they can be distributed to homeless shelters and school districts.

Bay Area Air District Approves California’s First Regional Thresholds of Significance for Greenhouse Gas Emissions from Residential and Commercial Projects

08 Jun 2010 00:00:00 -0800

The Bay Area Air Quality Management District (BAAQMD) last week announced the adoption of the first region-wide numeric thresholds for greenhouse gas emissions for residential and commercial projects in California. The new standards provide guidance for Bay Area public agencies to review the environmental risks posed by the approval of development projects under the California Environmental Quality Act (CEQA).

In 2006, the California Global Warming Solutions Act (AB 32) was enacted to require a statewide reduction in greenhouse gas emissions to 1990 levels by the year 2020. This spring, the state revised the CEQA Guidelines to specifically address impacts caused by development projects related to greenhouse gas emissions. The BAAQMD’s new thresholds can be used for complying with these analytical requirements under CEQA for projects proposed in the Bay Area.

The BAAQMD’s thresholds, approved last Wednesday, allow Bay Area public agencies to consider either a fixed threshold of 1,100 metric tons per year of greenhouse gases emitted from a commercial, residential or mixed-use project, or a per capita threshold of 4.6 metric tons per year of carbon dioxide emitted per subdivision resident or business employee. According to the new BAAQMD thresholds, projects with over 56 single family dwelling units, 50,000 square feet of business park, or 8,000 square feet of supermarket space may all exceed the thresholds. These thresholds are intended to encourage smart-growth projects, while facilitating large projects that maintain a proportionally low level of emissions. Proposed developments that would exceed the thresholds are required to perform additional environmental review of ways to reduce or offset the emissions.

Since they are the first regional air district to adopt numeric thresholds for greenhouse gas emissions from residential and commercial projects, lead agencies throughout the state may receive public comments suggesting application of the BAAQMD thresholds to proposed development projects. However, public agencies should be aware that the BAAQMD’s thresholds were developed specifically for the Bay Area’s unique characteristics, and thus may not be appropriate for use in connection with projects in other regions of the state. For more information about the new BAAQMD greenhouse gas emission thresholds, contact Christopher Calfee, Michelle Ouellette or an attorney in the Best Best & Krieger LLP’s Environmental Law and Natural Resources practice group.

Disclaimer: BB&K e-Bulletins 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 communiqué.