Mitigation

News & Analysis as of

Court Clarifies "Taking" Of Endangered Species And Highlights What's "Enough" Under CEQA

In Ctr. for Biological Diversity v. Dep’t of Fish & Wildlife, No. B245141 (Cal. Ct. App. 2d Dist. Mar. 20, 2014), the appellate court reversed the trial court’s decision, which found that the Department of Fish and Wildlife’s...more

Some CEQA Reminders From The Third District: Urban Decay Requires Actual Mitigation When Identified By EIR As A Significant...

In a lengthy opinion filed February 28, 2014, and ordered partially published on April 1, 2014, the Third District Court of Appeal reversed the Yolo County Superior Court’s judgment denying a CEQA writ petition challenging...more

Mitigate Early and Often: Four Public Agency Strategies for Streamlining Projects

BB&K's Steven Anderson and Lucas Quass Offer Tips for Environmental Mitigation - Like private development, public projects must frequently obtain and comply with a variety of state and federal regulatory permits. Too...more

Business Rates - Is There Any Relief?

A number of recent cases have considered the validity of mitigation schemes adopted by landlords to avoid business rates liability. Exemption from liability for business rates - the law The Non-Domestic Rating...more

The 30-Year Programmatic Eagle Take Permit: How Much Certainty Does It Provide?

The U.S. Fish and Wildlife Service issued a final rule that takes limited action to extend the maximum life of programmatic eagle take permits to 30 years, provides for permit transferability, and sets processing and...more

Wrongful Discharge In California: A longer commute may mean that the new job doesn’t mitigate damages

Most California employers (and their counsel) likely believe that an employee who obtained new employment in the same business at a higher salary with a promotion that required similar skills would have obtained employment...more

Mitigation Fee Act Applies to Developer’s Challenge of City’s Affordable Housing Set Aside Requirements

As required under its “inclusionary housing” ordinance, Palo Alto required a developer to set aside 10 condominium units as below market rate housing and make a cash payment to the City as a condition of obtaining a tentative...more

California Supreme Court Holds Mitigation Fee Act Applies to Inclusionary Housing

Yesterday, the California Supreme Court decided one of two pending cases dealing with inclusionary housing, holding that when a public agency requires a developer to convey units at below market rates and make substantial...more

Court of Appeal Addresses Greenhouse Gas Emissions Analysis Under CEQA

The Court of Appeal for the Third District issued its ruling Monday in Friends of Oroville v. City of Oroville. Finding an environmental impact report’s greenhouse gas emissions (GHG) analysis deficient, the court’s ruling...more

Supreme Court's Ruling in Koontz Extends Concept of Unconstitutional Takings to Monetary Exactions

Introduction - At first glance, the Supreme Court’s recent decision in Coy A. Koontz, Jr. v. St. Johns River Water Management District, 570 U.S. ___ (2013), improves the ability of real estate developers to obtain...more

The Sun is Shining on Solar: Deference to Lead Agency Given in Panoche Valley Solar Project CEQA/Williamson Act Decision

In a recent California appellate decision addressing a challenge under the California Environmental Quality Act (CEQA) and the Williamson Act to the Panoche Valley Solar Project, a photovoltaic solar project on approximately...more

Gettysburg Day 3: Pickett’s Charge And Culture Of Compliance Throughout An Organization

Gettysburg, Day 3. What could our subject be other than Pickett’s Charge? ...more

NYISO’s Proposal to Constrain Market Power in New Capacity Zones Approved by FERC

On June 6, 2013, the Federal Energy Regulatory Commission (“FERC”) issued an Order conditionally accepting the New York Independent System Operator, Inc.’s (“NYISO”) proposal to implement buyer-side and supplier-side market...more

California Appellate Courts Clarify and Limit Plaintiffs’ Recovery for Medical Expenses

Throughout the years, plaintiffs’ attorneys in personal injury actions have tried to present the entire amount of medical expenses billed in efforts to increase the plaintiffs’ recovery. Despite the irrelevance of these...more

Loan Modification and the Failure to Mitigate Damages

Freddie Mac has announced the immediate implementation of its Streamlined Modification program, a no-document modification program offered to severely delinquent borrowers. The implementation of the program, originally set to...more

Court Of Appeal Finds County Approval Of EIR For Sand And Gravel Mining Project Does Not Violate CEQA

An organization challenged a county’s approval of a final revised environmental impact report for a project that would allow sand and gravel mining in the bed of the Cuyama River. The court of appeal affirmed the trial...more

Washington Energy Update - February/March 2013

In This Issue: - Energy Highlights - Just the Facts: FERC Dismisses Third-Party Complaint of Alleged Reliability Standards Violations Due to an Insufficient Evidentiary Record - FERC Holds a Firm Line on...more

“Bare-Bones” CEQA Reform Bill (SB 731) Introduced By Senator Steinberg; Senator Evans Proposes Legislation to Further Expand CEQA

On February 22, 2013, Senator President Pro Tempore Darrell Steinberg introduced SB 731, a bill the Senator’s website press release described as “outlining the detailed intent that strengthens [CEQA’s] protection of the...more

White House Announces the Administration Strategy on Mitigating the Theft of U.S. Trade Secrets

On February 20, 2013, the White House released the Administration Strategy on Mitigating the Theft of U.S. Trade Secrets (the “Strategy”), which “recognizes the crucial role of trade secrets in the U.S. economy and sets out a...more

Double-Take: Two Recent CEQA Cases Illustrate the Perils of Deferred Mitigation

In October 2012, two California Courts of Appeal reached opposite conclusions regarding the deferral of mitigation under the California Environmental Quality Act (CEQA). The cases illustrate the difficulties project...more

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