Law Seminars International Presents: A Comprehensive Two-Day Conference on

Land Use in Northern California
Overcoming regulatory and economic challenges

(For this past program, we offer two options for purchase: a Homestudy (DVD and written materials) or written materials alone.)



March 19 & 20, 2009
Renaissance Stanford Court Hotel in San Francisco, CA

Who Should Order This Homestudy

Attorneys, land use and real estate professionals, corporate managers, governmental officials, developers, planners and consultants

Why Order

2009 brings new areas of concern for land use practitioners with the implications of climate change, gas and water shortages and a weakened national economy weighing heavily on practitioners' minds. To help clarify and address such concerns, policy makers, leading attorneys and professionals will discuss the pertinent issues surrounding the global and local economic crises; ballot initiatives and referenda; CEQA developments; state climate change initiatives; green building programs; planning for sustainable development; water supplies; stormwater permitting; wetlands regulation; habitat and conservation planning; land use litigation; and ethical issues raised in the administrative and political arenas.

Our conference also will shed light on what has come from litigation in the Delta, and how the Bay Delta Conservation Plan, the Delta Vision Strategic Plan and the Governor's Blue Ribbon Task Force are addressing critical environmental and economic functions for the future of California.

Take advantage of this opportunity to meet with our distinguished faculty as they discuss how legislative, court and regulatory decisions are impacting land use; trends incorporating sustainability programs and green building into new development; and the current economy's probable effect on short-term and long-term development decisions.

~ R. Clark Morrison, Esq. and Cecily Talbert Barclay, Esq., Program Co-Chairs

What You Will Learn

What Attendees Said



Agenda

Thursday, March 19, 2009

8:00 am

Registration and Continental Breakfast

 
8:30 am

Introduction and Overview

R. Clark Morrison, Esq., Program Co-Chair
Cox Castle & Nicholson LLP / San Francisco, CA

Cecily Talbert Barclay, Esq., Program Co-Chair
Bingham McCutchen LLP / San Francisco, CA

 
8:45 am

Opening Address: Land Use and Development in California - Emerging Trends and Issues

Sunne Wright McPeak, President and CEO
California Emerging Technology Fund / San Francisco, CA

 
9:30 am

California's Future: Impact of Current Global Economic Crisis on California's Development Patterns

How is the global economic crisis going to affect California's economy, particularly housing, jobs, retail sales and development?

Walter F. Kieser, Managing Principal
Economic & Planning Systems / Berkeley, CA

 
10:15 am

Break

 
10:30 am

Ballot Initiatives and Referenda for Controlling or Permitting Land Use

Using initiatives and referenda in land use planning, including strategic use of the ballot box to overturn, approve or prevent projects prior to agency approval

Cecily Talbert Barclay, Esq., Program Co-Chair
Bingham McCutchen LLP / San Francisco, CA

 
11:30 am

CEQA as a Decision-Making Tool: How the Legal, Political and Technical Elements of the Process Relate

What's happening with CEQA? What trends are affecting its use to approve and challenge projects? What changes can we expect in the future?

Stephen L. Kostka, Esq.
Bingham McCutchen LLP / Walnut Creek, CA

 
12:15 pm

Lunch (on your own)

 
1:30 pm

State Climate Change Initiatives

Standards for evaluating climate change impacts under CEQA; review of recent case law

Anne E. Mudge, Esq.
Cox Castle & Nicholson LLP / San Francisco, CA

The brave new world of SB 375; AB 32 review; required actions by state agencies and local government

R. Clark Morrison, Esq., Program Co-Chair
Cox Castle & Nicholson LLP / San Francisco, CA

 
3:00 pm

Break

 
3:15 pm

Implementing Green Building Programs

Use of zoning and other incentives to promote infill development; green building policies and programs; sustainable certification programs, including LEED

Thomas E. Lollini, FAIA, Associate Vice Chancellor, Design & Construction; Campus Architect
University of California, Merced / Merced, CA

Fahmida Ahmed, Manager Sustainability Programs
Stanford University / Stanford, CA

 
4:15 pm

Putting it All Together

Planning New Sustainable Communities Under the New Regime

Boris Dramov, FAIA, FAICP, President
ROMA Design Group / San Francisco, CA

 
5:00 pm

Continue the Exchange of Ideas: Reception for Faculty and Attendees

Sponsored by Bingham McCutchen LLP and Cox Castle & Nicholson LLP

 

Friday, March 20, 2009

8:00 am

Registration and Continental Breakfast

 
8:30 am

Water Supply and Flows in Northern California

Litigation in the Delta; regulatory efforts; the recently completed Delta Vision Strategic Plan and the Bay Delta Conservation Plan

Gregory K. Wilkinson, Esq.
Best Best & Krieger LLP / Riverside, CA

Chris Beale, Esq.
Resources Law Group LLP / Sacramento, CA

CEQA, Urban Water Management Plans, SB 610 and SB 221: Water supply evaluation requirements under California Law; integrating statutory compliance and developing water supply alternatives

James G. Moose, Esq.
Remy, Thomas, Moose and Manley LLP / Sacramento, CA

 
10:00 am

Break

 
10:15 am

Stormwater Permitting

State and Local Developments

Robert L. Falk, Esq.
Morrison & Foerster LLP / San Francisco, CA

 
10:45 am

Wetlands Regulation and Land Use Planning

Understanding the Corps' new Mitigation Rule and application of the 404(b)(1) Guidelines

Ella B. Foley-Gannon, Esq.
Sheppard Mullin Richter & Hampton LLP / San Francisco, CA

 
11:30 am

Habitat Issues and Endangered Species Act: Habitat Conservation Planning, Section 7 Consultations and Endangered Species Planning

Endangered species and conservation planning; recent trends and perspectives on the ESA and land use

Brian J. Plant, Esq.
Remy, Thomas, Moose and Manley LLP / Sacramento, CA

 
12:15 pm

Lunch (on your own)

 
1:30 pm

Permitting and Administrative Appeals Process

How to make your case before the decision-making agency; building an administrative record in anticipation of litigation

James L. Meeder, Esq.
Allen Matkins Leck Gamble Mallory & Natsis LLP / San Francisco, CA

 
2:15 pm

Litigation in Land Use Matters

Citizen suits / petitioners

Stephan C. Volker, Esq.
Law Offices of Stephan C. Volker / Oakland, CA

Real parties in interest / defendants

Anna C. Shimko, Esq.
Cassidy Shimko Dawson & Kawakami / San Francisco, CA

 
3:00 pm

Break

 
3:15 pm

Damages Claims

Recent cases on regulatory takings and tips for bringing and defending regulatory takings actions

Andrew W. Schwartz, Esq.
Shute, Mihaly & Weinberger LLP / San Francisco, CA

 
4:00 pm

Ethical Issues in Dealing with Administrative Agencies and Elected Bodies

Political Reform Act compliance; elections, conflicts of interest, and lobbying; when do lawyers register as lobbyists; what you can say and not say to an elected official; attorney-client privilege; the Brown Act

Jason D. Kaune, Esq.
Nielsen, Merksamer, Parrinello, Mueller & Naylor, LLP / Mill Valley, CA

 
5:00 pm

Evaluations and Adjourn

 


Cancellation

There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders

Continuing Education Credits

Law Seminars International is a State Bar of California approved MCLE provider. This program qualifies for 13.5 California MCLE credits including 1 Ethics. Upon request, we will apply for CLE credits in other states and other types of credits.



Cost

Our complete Homestudy Course, consisting of a DVD recording and the written course materials, is available for $1005. The written course materials alone are available for $100. We will ship your Homestudy order via UPS ground within two weeks after the seminar or the date we receive payment (whichever is later).
Order Homestudy



Faculty Bios

R. Clark Morrison, Esq., Program Co-Chair, partner at Cox Castle & Nicholson LLP, co-chairs the firm's Land Use and Natural Resources Practice Group. He is experienced in the entitlement and development of large and controversial development projects, and in land use, endangered species, wetlands and water law issues. He is also an Adjunct Lecturer at U.C. Berkeley School of Law (Boalt Hall) and is on the advisory board of California Land Use Law and Policy Reporter.

Cecily Talbert Barclay, Esq., Program Co-Chair, partner at Bingham McCutchen LLP, co-chairs the firm's Land Use and Development Practice Group and focuses her practice on land use, real estate and local government Law. She is author of Curtin's California Land Use and Planning, is listed in Chambers USA and Legal 500, and named the "Top East Bay Land Use Attorney" by the East Bay Business Times.

Sunne Wright McPeak, Opening Address, is President and CEO of the California Emerging Technology Fund (CETF). Previously, she was Secretary of the California Business, Transportation and Housing Agency, where she lead the development and implementation of infrastructure investments and groundbreaking regional "smart growth" planning.

Fahmida Ahmed, Manager of Sustainability Programs at Stanford University, leads the campus sustainability programs at Stanford. She co-chairs the Sustainability Working Group, which connects the teams, coordinates implementation of sustainability projects and supports Stanford's long-term climate and infrastructure planning, and manages the communications and community relations programs. Previously, she was Sustainability Specialist at UC Berkeley.

Chris Beale of Resources Law Group, LLP, advises cities, counties, public agencies and private landowners, on complex natural resource management issues. Previously, he was legal counsel to the California Department of Fish and Game.

Boris Dramov, FAIA, FAICP, President of ROMA Design Group, received this year's National AIA Urban Design Award of Excellence for his work in the planning and design for the adaptive reuse of urban waterfront lands and infill projects, a model for sustainable growth and development.

Robert L. Falk, partner at Morrison & Foerster LLP and Chair of its Land Use and Environmental Law Group, was previously Chair of the American Bar Association's Standing Committee on Environmental Law. His practice includes water quality litigation, environmental compliance counseling and permitting and resolution of government enforcement actions.

Ella Foley-Gannon, partner at Sheppard Mullin Richter & Hampton LLP, specializes in counseling clients in undertaking complex development projects in California. She advises land development companies on federal and state regulatory matters.
Full bio and contact info for Ella B. Foley-Gannon at Sheppard Mullin Richter & Hampton LLP

Jason D. Kaune, partner at Nielsen, Merksamer, Parrinello, Mueller & Naylor LLP, specializes in political and initiative law in California and the ethics, election, lobbying and campaign laws of the fifty states, local and federal governments. He has published on local campaign finance laws and the administration of ethics laws by the White House Counsel's office.

Walter F. Kieser, Managing Principal of Economic & Planning Systems, specializes in real estate market analysis, land use planning, local government finance and organization, and public finance. He is a member of the American Association of Planners and California Association of Local Agency Formation Commissions.

Stephen L. Kostka, partner at Bingham McCutchen LLP, concentrates on cases involving CEQA, NEPA compliance, the Planning and Zoning Law, and other state and federal environmental and land use statutes. He has been named a "Super Lawyer" and is co-author of Practice Under the California Environmental Quality Act.

Thomas E. Lollini, FAIA, is Associate Vice Chancellor for Physical Planning, Design and Construction at the University of California in Merced. He is also Campus Architect for campus design standards and works with a team revising their long-range environmental and sustainability development plan.

James L. Meeder, partner at Allen Matkins Leck Gamble Mallory & Nastis LLP, practices civil and criminal trial and appellate work, including environmental cases involving hazardous waste disposal, soil and groundwater contamination, surface water pollution, water quality, air quality and permitting, Proposition 65, NEPA/CEQA, CERCLA, RCRA, indemnity claims and toxic torts.

Anne E. Mudge, partner at Cox Castle & Nicholson LLP and co-chair of the firm's Renewable Energy and Climate Change Practice Group, focuses on siting and permitting major energy, industrial, commercial, residential and major mixed-use communities, and litigation for CEQA/NEPA, water supply planning, coastal development, wetlands and endangered species.

Brian J. Plant, of counsel with Remy, Thomas, Moose and Manley LLP, specializes in natural resource issues, including the Clean Water Act and the Endangered Species Act. He is a former Trial Attorney with the U.S. Department of Justice, Environmental Defense Section in Washington, D.C.

Andrew W. Schwartz, partner at Shute, Mihaly & Weinberger LLP, specializes in regulatory takings, eminent domain, development impact fees and land use litigation. Previously, he represented the City of San Francisco for 22 years in the Office of City Attorney.

Anna C. Shimko, principal with Cassidy Shimko Dawson & Kawakami, represents public agencies and private landowners in land use and environmental law. She has published articles on CEQA compliance and development law.

Stephan C. Volker, founder of the Law Offices of Stephan C. Volker, practices public interest environmental litigation in California and Alaska state courts and federal courts, including the United States Supreme Court.

Gregory K. Wilkinson, partner at Best Best & Krieger LLP, focuses on water rights, water quality, endangered species and environmental impact reporting. Previously, he was Deputy Attorney General for the State of California and Chief of Land and Water Resources Law for the Development Law Service of the United Nations.