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Kristen Castaños is a highly respected California environmental and land use lawyer. Known for her practical and business-focused advice, Kristen works with commercial, industrial and energy developers on due diligence, compliance and related litigation involving California’s key environmental and land use laws, including the California Environmental Quality Act, the California Williamson Act, the Warren Alquist Act and the Porter-Cologne Water Quality Control Act. Kristen also works with municipal and public entity clients, having successfully represented several California counties, municipalities and a redevelopment agency on CEQA and related land use issues.

The California Court of Appeal for the Sixth District issued its decision in Save Panoche Valley v. San Benito County, finding that the public interest in developing the Panoche Valley Solar Farm (Project) outweighs the public interest in maintaining the agricultural use of the land on which the Project will be built.  The decision is the first published case in California to confirm that a Williamson Act contract can be cancelled to accommodate a solar generating plant, and addresses issues that arise from California’s competing policies to promote renewable energy development and to protect agricultural land.

The court also concluded that the environmental impact report prepared for the Project was adequate, in compliance with the California Environmental Quality Act (CEQA).Continue Reading Appeals Court Finds in Favor of Solar Project Over Agricultural Use

The U.S. Supreme Court issued its decision today in Koontz v. St. Johns River Water Management District, ruling that a monetary exaction that is improperly imposed as a permit condition can amount to a taking in violation of the Fifth Amendment to the U.S. Constitution.  The decision is significant because it allows a takings claim based on a monetary exaction, whereas prior precedent has limited takings claims to exactions of interests in real property.

Local and state agencies often impose conditions on development permits to offset or mitigate impacts associated with the development.  The Supreme Court decisions in Nollan v. California Coastal Commission and Dolan v. City of Tigard (Nollan/Dolan) provide that where conditions require the provision of an interest in land, those conditions must be roughly proportionate to the impacts of the development.  This decision extends the limitations on permit exactions beyond interests in real property and confirms that a takings claim can arise when a permit is denied based on the applicant’s refusal to accept an improper condition.Continue Reading U.S. Supreme Court Ruling on Takings – Demand for Monetary Exaction as Permit Condition Can Be an Unconstitutional Taking

On Friday, February 22, Senator Darrell Steinberg (D-Sacramento) introduced a bill outlining proposed revisions to the California Environmental Quality Act (CEQA).  A substantial CEQA reform bill championed by Senator Michael Rubio (D-Shafter) was highly anticipated in this legislative session.  But, earlier in the day on Friday, Senator Rubio announced his resignation from the California State Senate

Senator Michael Rubio (D-Shafter) announced today that he is resigning from the California State Senate, effective today.  Senator Rubio made headlines at the end of the 2012 legislative session when he introduced a bill to significantly reform the California Environmental Quality Act (CEQA).  At that time, he agreed to work with Senator Darrell Steinberg (D-Sacramento)

The Fresno County Superior Court has denied the California Farm Bureau Federation’s challenge to Fresno County’s cancellation of a Williamson Act contract to accommodate a solar generating project.  The decision is the first to take on the interplay between the Williamson Act’s goals to protect agricultural land and the State’s directive to increase reliance on

My colleague, Barbara Brenner, posted an environmental law alert on the recently published CEQA decision issued by the California Third District Court of Appeal in Mount Shasta Bioregional Ecology Ctr. v. County of Siskiyou, No. C064930, 2012 Cal. App. LEXIS 1088 (Cal. Ct. App. Sept. 26, 2012).  The case is significant because it

On July 24, 2012, the U.S. Department of the Interior announced that it will publish the Final Programmatic Environmental Impact Statement (“Solar PEIS”) for solar energy development in six southwestern states—Arizona, California, Colorado, Nevada, New Mexico, and Utah.  The Solar PEIS is a major step ahead in the permitting of utility-scale solar energy

In a decision reflecting perhaps the worst-case scenario for the redevelopment community, the California Supreme Court largely upheld Assembly Bill X1 26, which requires the dissolution of redevelopment agencies across the State, but invalidated Assembly Bill X1 27, which would have given redevelopment agencies an option of continuing to exist if the agencies

California has two more laws in place to help facilitate development of renewable energy projects after Governor Brown signed Senate Bill 267 and Senate Bill 618 over the weekend. 

SB 267 modifies the existing requirements to prepare a water supply assessment for projects that meet certain size thresholds.  Under the new law, a photovoltaic or