Best Best & Krieger News Feed

Endangered Fish v. Humans: The Fight Over Competing Water Needs

09 Nov 2016 00:00:00 -0800

By Gene Tanaka

The struggle to allocate scarce water resources between endangered and threatened fish and humans is not new. But droughts in the Southwest, which lower stream flows, and population increases, which raise demand, have diminished the available water. These factors have exacerbated existing threats to protected fish species, such as greater variability in stream flows, increased water temperatures, fertilizers and overfishing. The consequences are playing out before federal and state administrative agencies and courts and will be felt by the public, which depends on surface water supplies.

This article discusses the threat posed by reduced stream water levels, examines the response by the United States Environmental Protection Agency, California State Water Resources Control Board and other regulatory agencies to set numerical stream flow requirements, and analyzes the law regarding the regulators response.

To read the entire article, which was published in the September/October 2016 edition of International Municipal Lawyer Association’s Municipal Lawyer magazine, click here. Reprinted with permission.

Agua Caliente v. Coachella Valley Water District, et al.

29 Sep 2016 00:00:00 -0800

Best Best & Krieger LLP Of Counsel Roderick Walston will discuss Agua Caliente v. Coachella Valley Water District, et al. at CLE International's Tribal Water Law's 5th Annual Conference.

Rod will discuss differing perspectives of this case with Mark Reeves of Kilpatrick Townsend & Stockton of Washington, D.C.

When
Thursday, Sept. 29
11 a.m. - 12:15 p.m.

Where
Caesars Palace
3570 S. Las Vegas Blvd.
Las Vegas, NV 89109

For more information or to register, click here.

CLE Webinar: Conservation Easement Amendments

21 Sep 2016 00:00:00 -0800

Best Best & Krieger LLP Of Counsel Ann Taylor Schwing will participate in a live 90-minute CLE webinar with interactive Q&A entitled "Conservation Easement Amendments: Navigating Amendment Mechanisms, Overcoming Challenges and the Lack of an Amendment Provision." This webinar will examine conservation easement amendments and the legal considerations that must be weighed when amending an easement for preservation of land and natural resources.

When
Wednesday, Sept. 21
10 - 11:30 a.m. (PDT) / 1 - 2:30 p.m. (EDT)

Friends of Best Best & Krieger can receive a 50 percent discount off of the regular price by using the link below.

For more information or to register, click here.

Endangered Species: Big Picture Overview

02 Jun 2016 00:00:00 -0800

Best Best & Krieger LLP Partner Steve Anderson will present "Endangered Species: Big Picture Overview," during Law Seminars International's conference "Endangered Species in California."

Steve's presentation will provide an overview of the federal Endangered Species Act (ESA), the major pieces, how they fit together and how they work with California state law.

When
Thursday, June 2
8:45 a.m.

Where
Courtyard Long Beach Downtown
500 E. 1st St.
Long Beach, CA 90802

For more information or to register, click here.

Seven BB&K Attorneys Recognized by 2016 San Diego Super Lawyers Magazine

22 Jan 2016 00:00:00 -0800

SAN DIEGO, Calif. - We are pleased to announce that five Best Best & Krieger LLP attorneys were named to the 2016 list of San Diego Super Lawyers, while two were selected to the 2016 San Diego Super Lawyers Rising Stars list. Only 5 percent of San Diego lawyers are named to the Super Lawyers list following a selection process that includes independent research, peer nominations and peer evaluations. To be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for 10 years or less. No more than 2.5 percent are named to Rising Stars.

The attorneys selected are:

Bruce W. Beach: (Eminent Domain) Beach focuses his practice on eminent domain and property litigation. He has worked on projects for road rights-of-way, pipelines, light rail transit corridors, reservoir sites, as well as redevelopment and flood control projects.

James B. Gilpin: (Eminent Domain) Gilpin practices in civil litigation with an emphasis on real property litigation including eminent domain, construction and other public works litigation. He represents clients in all phases of litigation, including writ proceedings, jury and court trials and appeals.

Shawn D. Hagerty: (Environmental) Hagerty provides both advisory and litigation services to municipalities in the area of land use and planning, including general plan, zoning, subdivision map act and other land use regulations. He also focuses on water quality regulations as applied to municipalities.

Robert J. Hanna: (Real Estate) Hanna’s practice includes real property, title insurance, business and commercial litigation.

Arlene Prater: (Labor & Employment) Prater is managing partner of BB&K’s San Diego office. She provides counsel to public and private employers on personnel and labor issues in both litigation and in an advisory role.

Steven G. Martin (Rising Star — State, Local and Municipal Law): Martin assists clients with a variety of local governance, transactional and litigation issues, including endangered species, Indian law, water law and environmental review.

Patrick E. Monroe (Rising Star — Business/Corporate): Monroe is a corporate attorney representing privately owned businesses and nonprofits. He provides general counsel, transactional and dispute resolution legal services for a variety of businesses.

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Best Best & Krieger LLP is a national law firm that focuses on environmental, business, education, municipal and telecommunications law for public agency and private clients. With nearly 200 attorneys, the law firm has nine offices nationwide, including Los Angeles, Sacramento, San Diego and Washington, D.C. For more information, visit www.bbklaw.com or follow @BBKlaw on Twitter.

2016 Southern California Super Lawyers Magazine Recognizes Six BB&K Partners

22 Jan 2016 00:00:00 -0800

RIVERSIDE, Calif. - We are pleased to announce that six Best Best & Krieger LLP attorneys were named to the 2016 Southern California Super Lawyers list by Super Lawyers Magazine. Only 5 percent of Southern California lawyers receive this honor following a selection process that includes independent research, peer nominations and peer evaluations.

The attorneys and the categories they were selected in are:

Scott H. Campbell (State, Local and Municipal Law): A municipal lawyer and litigator with extensive trial experience, Campbell represents public entities as both general counsel and public works construction counsel. He serves as city attorney for Avalon on Santa Catalina Island and as general counsel for the Lake Arrowhead Community Services District.

Sonia R. Carvalho (State, Local and Municipal Law): Carvalho is a municipal lawyer and serves as city attorney for the cities of Santa Ana and Claremont. Her practice focuses on land use, ethics, open government laws and elections law.

Jeffrey V. Dunn (Civil Litigation: Defense): Dunn represents public agencies in complex litigation matters, with an emphasis on municipal land use issues including water rights.

Eric L. Garner (Environmental): Garner is the managing partner, overseeing the firm’s nine offices and nearly 200 attorneys. He is one of the leading authorities on water law and has litigated cases and negotiated key agreements involving major water bodies across the West.

Michelle Ouellette (Environmental): A legal counselor and litigator, Ouellette is a leading authority on federal and state endangered species laws, the California Environmental Quality Act and the National Environmental Policy Act. She steered two of the nation’s largest habitat conservation plans through a maze of environmental requirements, protecting dozens of endangered species while allowing development to move forward.

Gregory K. Wilkinson (Environmental Litigation): Wilkinson’s practice emphasizes water rights, water quality, endangered species and environmental impact reporting issues. He has successfully argued landmark cases at all judicial levels in both state and federal courts.

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Shasta Lake Water Levels Subject of New Litigation

21 Jan 2016 00:00:00 -0800

A State Water Resources Control Board order that could potentially restrict the amount of water available for export by both the Central Valley Project and the State Water Project is now the subject of litigation. In petitions filed last week in Sacramento County Superior Court, water contractors contend the Board and its executive director overstepped their authority in extending and modifying the order that may require holding more cold water in Shasta Lake to protect salmon downstream.

In January 2015, the Department of Water Resources and the Bureau of Reclamation filed a temporary urgency change petition with the Board to modify the water quality standards for their permits and licenses. Executive Director Tom Howard, acting on delegated authority, issued the order granting the TUCP Order. San Luis & Delta Mendota Water Authority and Westlands Water District, among others, filed a petition for reconsideration of the TUCP Order.

The Board did not act on the petitions for reconsideration until Dec. 15. At that time, at a regular meeting of the State Water Board, the Board adopted an order granting in part and denying in part the Authority’s petition. At the same time, and in the same order, the Board purported to extend the TUCP Order, otherwise due to expire on Dec. 30, by an additional 180 days. The Board also added new conditions to Reclamation’s water rights license in the form of increased carryover storage requirements in Shasta Reservoir for temperature control. Holding more cold water in Shasta Reservoir effectively makes such water available to support salmon spawning in the upper Sacramento River.

Last week, the Authority and Westlands filed a petition for writ of mandate challenging the Board’s order on the petition for reconsideration. They contend that the Board exceeded its jurisdiction in extending and modifying the TUCP Order as part of the order on the petitions for reconsideration. They argue that neither DWR nor Reclamation petitioned for an extension of the TUCP Order or for a new TUCP order. Therefore, the Board had no jurisdiction to extend the TUCP Order past the Dec. 30 expiration date. Further, because the Board was acting on petitions for reconsideration, it violated due process requirements by failing to hold a hearing and take evidence. Specifically, the Authority and Westlands contend that the Board’s December order lacks evidentiary support for the condition requiring a minimum 1.6 million acre feet carryover storage in Shasta Reservoir in October 2016 for temperature control purposes, or other carryover level that “ensures” daily average water temperatures do not exceed 56 degrees at the designated compliance point at critical times for salmon.

In a separate petition for writ of mandate also filed last week, the San Joaquin River Exchange Contractors contend that the increased storage requirements will result in increased releases from Lake Oroville to offset the reduced Shasta Lake flows and maintain Sacramento-San Joaquin River Delta water quality. Increased storage in Shasta and increased releases from Oroville for water quality purposes could mean less water available for export to recipients of Central Valley Project and State Water Project water.

For more information on this matter, please contact the author of this Legal Alert listed at the right in the firm’s Environmental Law & Natural Resources practice group, or your BB&K attorney.

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.

Critical Ecosystem Restoration Contract Secured by BB&K Team for Texas City

19 Oct 2015 00:00:00 -0800

Best Best & Krieger LLP Partner Gerard Lavery Lederer, Senior Director of Governmental Affairs John D. Freshman and Legislative Assistant Annick C. Miller River helped the City of Laredo, Texas obtain an ecosystem restoration contract from the U.S. Army Corps of Engineers. The $2.44 million contract was awarded to both Laredo and a private company as part of a cost-share partnership to restore and preserve part a swath of land along the Rio Grande river bend in Laredo.

The BB&K team facilitated the contract to ensure the wildlife and ecosystems of the 77-acre Laredo Riverbend site are protected. The area is a critical migration, foraging and breeding ground for a myriad of species, including three listed as threatened under the Endangered Species Act. In addition, nonnative plants, stormwater erosion, recreational use and trails and roads have degraded the corridor. All of this will be addressed with this project, which includes plans to improve the river’s connection to surrounding water bodies and permanent nesting spaces for birds in the middle of two ponds.

This project is an example of BB&K’s ability to combine legal and advocacy services to ensure strong partnerships with great outcomes for our clients.

2015 IMLA Annual Conference

04 Oct 2015 00:00:00 -0800

Join BB&K at the 2015 International Municipal Lawyers Association Annual Conference.

BB&K Speakers

Shawn Hagerty and Paeter Garcia: “Today's Water Wars - Water Rights and Water Quality: From East to West Coast”
Sunday, Oct. 4
9:15 -10:15 a.m.

Jordan Ferguson (panelist): “The Sharing Economy: Uber and Airbnb - Can They Exist in a Regulated World? Will They Save or Destroy Your Community?"
Monday, Oct. 5
8:45 - 10:15 a.m

View this presentation here.

Steve Anderson and Chuck Hanson, Principal, Hanson Environmental: “Implementation of the Federal Endangered Species Act: Practical Strategies for Moving Forward with Public Projects"
Monday, Oct. 5
10:45 a.m. - 12:15 p.m.

View this presentation here.

Joe Van Eaton and Gail Karish: “Telecom - Shot Clocks, Municipal Broadband and How the FCC Controls Your World"
Tuesday, Oct. 6
2:30 - 3:30 p.m.

View Joe's presentation here.

View Gail's presentation here.

When:
Saturday Oct. 3 - Wednesday, Oct. 7, 2015

Where:
Rio Hotel
3700 W. Flamingo Road
Las Vegas, NV 89103

For more information or to register, click here.

BB&K Files Appeal to U.S. Supreme Court in Threatened Santa Ana Sucker Case

24 Sep 2015 00:00:00 -0800

Best Best & Krieger LLP filed a petition to the U.S. Supreme Court on behalf of two cities and 10 water agencies, asking the high court to sort out the intersection of the nation’s endangered species and environmental policy laws. The long-running case stems from the designation of the so-called “critical habitat” for the threatened Santa Ana sucker fish. The following are links to news coverage and releases of the filing, which is being handled pro bono.

Riverside Press-Enterprise: “Environment: Santa Ana Sucker Case Appealed to Supreme Court”

The San Bernardino Sun: “Water Agencies Cite Concerns Over Sucker Fish Habitat Expansion”

Association of California Water Agencies: “Southern California Water Agencies File Appeal with U.S. Supreme Court Over Critical Habitat Designation for Santa Ana Sucker”

San Bernardino Valley Municipal Water District Press Release: “California Water Agencies petition Supreme Court to Require USFWS to Compy with Law”

Valley News (by City News Service): “Riverside: Sucker Suit – Water Fight Against Feds Goes to Supreme Court”

Courthouse News Service: “Water Suppliers Take Habitat Fight to SCOTUS”

E&E Publishing, "Endangered Species: Calif. Suit Over Fish Habitat Baits Hook for Supreme Court"

BB&K Press Release: “BB&K to File Appeal to U.S. Supreme Court in Threatened Santa Ana Sucker Case”