Author Archives: paulkibel

California Reasonable Use Law, Frost Protection Diversions and Stranded Salmon

Paul Stanton Kibel, Professor, Golden Gate University School of Law In California water law these days, there is increasingly talk about the reasonable use provisions of the California Constitution (Article X, Section 2) and the California Water Code (Section 275). … Continue reading

Posted in Work on Water

CEQA “PAPER WATER” AFTER WILD SANTEE ─ EVALUATION OF COURT-IMPOSED ESA LIMITS ON DIVERSIONS IN EIRS

Paul Stanton Kibel (Associate Professor and CUEL Co-Director, Golden Gate University School of Law) With its October 2012 ruling in Preserve Wild Santee v. City of Santee (Wild Santee), the California Court of Appeal issued a decision that may expand … Continue reading

Posted in Land Use, Work on Water

CALIFORNIA COURT OF APPEAL SMART RAIL CEQA DECISION ─ RETHINKING BASELINE CONDITIONS IN LIGHT OF PROJECTED CLIMATE CHANGE

Paul Stanton Kibel, Associate Professor and Co-Director of the Center on Urban Environmental Law (CUEL) at Golden Gate University School of Law It is now well established that environmental impact reports (EIRs) prepared pursuant to the California Environmental Quality Act … Continue reading

Posted in Climate Change, Land Use

Proposed CEQA Streamlining Guidelines – Expediting Infill But At What Cost?

By Jason Holder (Associate with Environmental Practice Group at Fitzgerald Abbott & Beardsley LLP) The Governor’s Office of Planning and Research (OPR) recently released proposed regulations for the implementation of Public Resources Code sections 21094.5 and 21094.5.5 (http://opr.ca.gov/docs/Proposed_CEQA_Guidelines_Section_15183.3.pdf).  These two … Continue reading

Posted in Land Use

BRINGING BOATS TO A NAVIGABLE WATERWAY: EFFORTS TO EXPAND RECREATIONAL ACCESS TO THE LOS ANGELES RIVER

Douglas Carstens (Chatten-Brown & Carstens) and Paul Kibel (Associate Professor, Golden Gate University School of Law) On July 6, 2010, the United States Environmental Protection Agency (EPA) issued its Clean Water Act navigability determination for the Los Angeles River. (read … Continue reading

Posted in Work on Water

Report Finds Wasteful Farm Irrigation Is Unconsitutional

By Professor Paul Kibel Since 1928 the California Constitution has expressly prohibited “waste” of water and required that all uses of water must be “reasonable.” In January 2011, California’s Delta Watermaster issued a report proposing a “Reasonable Use” enforcement unit … Continue reading

Posted in Work on Water