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Fetured Job Of the Day
Fetured Job Of the Day

Attorney with 1-5 years of litigation experience

Albuquerque office of our client seeks attorney with 1-5 years of liti...
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Date Posted: Apr 24, 2018

Employer:   BCG Attorney Search

Salary: Not Specified

Hatch & Parent, LC > Firm Details


Santa Barbara
21 East Carrillo Street, 
Santa Barbara, California - 93101



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Staff Size : 36
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Eva Turenchalk, a certified planner with the law firm of Hatch & Parent, has been designated a Leadership in Energy and Environmental Design (LEED) Accredited Professional by the U.S. Green Building Council, a national organization created to promote buildings that are environmentally responsible, profitable and healthy places to live and work. Hatch & Parent is one of the largest land use and water law practices in California.

LEED Accredited Professionals are trained in green building technology and principles. "More and more architects, developers and building owners are going green," says Rob Saperstein, Hatch & Parent’s managing partner, "With high energy costs and global warming on everyone's mind, the desire to build sustainable, energy efficient and healthier buildings is the mainstream mentality."

"Public agencies are encouraging building owners to incorporate green building standards," says Turenchalk. "It makes sense. Aside from the environmental benefits, studies show that going green lowers annual operating costs and provides a healthier environment so employees have fewer sick days, have higher morale and are more productive. Plus, green buildings are proving that they are no more expensive to build than traditional buildings."

"Eva is one of only a handful of LEED Accredited Professionals on the Central Coast. Her knowledge of green building sustainability design will assist Hatch & Parent clients who are looking to build an entire environmentally-friendly structure or add green components to Articles Nexis project," says Saperstein.

With offices in Los Angeles, Santa Barbara, San Diego, Sacramento, and South Lake Tahoe, Hatch & Parent represents public and private entities on land use, water resources and strategic planning throughout the state. The other core practice areas of the firm include corporate and tax, complex litigation, public agency, environmental quality and compliance, trusts and estates, appellate law and legislative advocacy.

In a well-reasoned opinion, the Third Appellate District affirmed that there is flexibility in the timing of the environmental review associated with public – private partnerships and projects. This decision should aide public agencies and businesses in developing successful projects, while providing the roadmap for proper compliance with the California Environmental Quality Act (CEQA). In Concerned McCloud Citizens v. McCloud Community Services District (2007 WL 4442 (Cal.App. 3 Dist.), the appellate court ruled that public agencies, businesses and developers may enter into agreements that enable them to conduct due diligence and assess project feasibility before conducting costly environmental review.

This is the first case to deal with an agreement that contained CEQA compliance as a condition precedent to the underlying project agreement. The McCloud Community Services District entered into an agreement for the sale of spring water with a private party that was expressly contingent on numerous future conditions. The Court held that the District could enter into an agreement with a private entity for a project without taking an action that constituted “approval of a project” under CEQA. In this case, the District retained the right through the agreement “to participate in and approve or disapprove of or modify major aspects of the prospective project.

Specifically, the underlying project agreement was carefully crafted to ensure that all required modifications to the proposed project would be integrated into any project approval based on the appropriate environmental review. The Court reasoned that the agreement “expressly recognizes the ultimate water bottling project is subject to CEQA, will be reviewed pursuant to CEQA, and the agreement may be modified as a result.” The Court further noted that the agreement does not preclude the District “from considering a full range of options depend ing on subsequent CEQA review,” including consideration of a “no project” alternative.

In other words, the contract provided sufficient contingencies and safeguards of the District's future exercise of discretion over the project so that entering into the agreement itself did not constitute ultimate project approval.

The court’s opinion provides a detailed explanation of specific contract provisions. The opinion also provides a thorough review of the factors that a public agency and private party should include in an agreement whose effectiveness is contingent on CEQA.

In sum, the court’s ruling provides valuable guidance to agencies and companies that want to appropriately defer environmental review while they conduct due diligence. Most importantly, the ruling will facilitate entering into public-private partnerships, while ultimately ensuring environmental issues are addressed before any project proceeds. For more information regarding the case, contact: Liz Rothman or Diane De Felice at (310) 5 0 0 - 4 6 1 6 ; L R o t h m a n @ h a t c h p a r e n t . c o m , DDefelice@hatchparent.com.

Primary Practice Areas

Litigation,Water Law, Business and Employment Law, Litigation, Legislative Advocacy, Appellate Law, Trusts and Estates, Real Estate and Land Use, Environmental Quality and Public Agency Law.

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