Intro
Alene Taber has worked for more than 38 years in the environmental and land use profession. During this time she has been a practicing city planner, air agency manager, and now a lawyer for the last 24 years. Having spent time both in government and private practice, and on the technical and legal side of issues, she provides her clients with unique insights and problem solving solutions.
As a city planner, she processed land use entitlements, variances, conditional use permits (CUP) and subdivision maps, drafted California Environmental Quality Act (CEQA) documents that addressed complex environmental issues, such as air pollution, groundwater contamination, odor nuisances, and explosive hazards, and wrote several ordinances regulating parking, truck maneuvering, and commercial and logistics facilities. She was certified by the American Institute of Certified Planners (AICP) in 1990 until 2014. AICP certifies professionals in the United States in the field of urban planning and certifies that the planner has a mastery of the principles, skills, knowledge, and experience determined by the organization as essential for a professional planner.
She was also a senior manager at the South Coast Air Quality Management District (SCAQMD), where at various times, she managed the permitting and enforcement of facilities in the four county region that emitted large quantities of volatile organic compounds (VOCs) (e.g., aerospace, printing operations, spray painting), as well as public facilities (e.g., ports, airports, electrical generation, natural gas, and sanitation districts). She oversaw the CEQA and socioeconomic analysis, and managed the development of air quality rules affecting port facilities, petroleum facilities, aerospace, printing operations, spray painting, asbestos abatement, composting, construction sites, mining operations, concrete manufacturing, dry cleaners. She has experience with trading markets, Title V permitting, health risk assessments (HRAs), public notification under AB 2588 hot spots program, and indirect source regulations.
Currently, Alene represents clients before planning commissions, city councils, and administrative hearing boards on land development and environmental matters. She has significant experience litigating in federal and state court both at the trial and appellate levels. She is admitted to practice law before all of the courts of the State of California, the U.S. Supreme Court, the Ninth and the District of Columbia Circuit Courts of Appeal, all federal District Courts in California, and the U.S. Bankruptcy Court for the Southern District of California.
Alene assists clients with the following types of cases:
- Air quality compliance including resolving notices of violation and permitting issues, regulatory compliance, obtaining variances from the hearing board, and defending against orders for abatement.
- Permitting for electric vehicle (EV) and truck charging and hydrogen stations, as well as compliance with the California Air Resources Board (CARB) clean vehicle and fleet rules.
- CEQA compliance including reviews of draft documents, defense of CEQA documents, and challenges to CEQA documents with particular emphasis on air quality, greenhouse gases (GHGs), sustainability, transportation, and land use impacts.
- Obtaining land use entitlements and other approvals (CUPs and variances) from local governments.
- Challenging and defending development projects.
- Bringing land use-related constitutional and civil rights claims.
- Addressing groundwater/soil contamination issues, and soil vapor issues.
- Resolving disputes involving exactions, special taxes (Proposition 218), and Mitigation Fee Act claims.
- Addressing public and private nuisances, and injunctions.
Alene is a co-chair of the Los Angeles County Business Federal (Bizfed) CARB/SCAQMD Committee, and a member of the Bizfed Institute, the California Construction and Industrial Materials Association (CalCIMA) and the Construction Management Association of America (CMAA).
Areas of Focus
Education
Academic Distinction
Dean’s List, Honor Roll, CALI awards
Law Review Member
Moot Court Honors Board Member & Competitor
Admissions and Courts
American Planning Association/American Institute of Certified Planners (1990-2014)
Los Angeles County Business Federation (BizFed) Institute, SCAQMD/CARB Coalition Co-Chair
Los Angeles County Business Federation (BizFed) Institute, Executive Board Member and Secretary
California Construction and Industrial Materials Association (CalCIMA)
Women in Mining (WIM)
Construction Management Association of America (CMAA)
"California Water Plan Sets Up Colorado River Conflict (Correct)," Bloomberg Law (February 2023)
"Hanson Bridgett Says Air Quality Lawyer Coached Witness," The Daily Journal (December 2022)
“Violation Hearing Against IID Over Red Hill Bay Project is Continued,” Calexico Chronicle (December 22, 2020)
“9th Circuit denies review, amends an important sentence on Salton Sea Ruling,” Desert Review (August 6, 2018)
“Alcohol and Drug Rehab Homes – Classic Nimbyism or Everyone’s Fair Share?," Thomson West Zoning and Planning Law Report (October 2008)
Super Lawyers, Rising Star (2005)
"How Justices Upended The Administrative Procedure Act," co-author, Law360 (August 2024)
“California Renews Commitment to Cap-and-Trade to Meet 2030 GHG Emission Reductions,” co-author, Orange County Lawyer Magazine (December 2017)
“How to Manage Environmental Risk When Buying or Leasing,” co-author, Real Estate, Smart Business (May 2011)
“Colorado River Water Transfer Deal Declared Invalid,” co-author, Real Property, Law Reporter (CEB) (January 2011)
“Sunnyvale West: A New Take on Traffic Baseline,” Environmental Assessor (Winter 2011)
“Back to the Future, One More Time,” California Environmental Law Reporter (Matthew Bender)(October 2010)
"Indirect Source Rules: The Regulation of Air Pollution or Land Use?,” Lexis Nexis Emerging Issues Analysis (August 2009)
“Clean Air Act’s State Implementation Plans’ Impact on Local Regulation of Land Development,” Lexis Nexis Emerging Issues Analysis (August 2009)
“Global Warming: Too Hot To Ignore,” 31 Real Property Law Reporter (CEB) (September 2008)
“New Smog Fees Target New Developments,” co-author, Air Quality Bulletin (Spring 2006)
“New Smog Fees Target New Developments,” Building Industry E-News (March 2006)
“Air Pollution Control District to Consider Indirect Source Rules Affecting Developers,” Air Quality Bulletin (Winter 2005)
“Odd Man Out: California’s Increasing Reliance on Agricultural Water Supplies for Municipal and Environmental Uses”, co-author, Environmental Law Institute (2005)
“Changes Adopted to Air Quality Dust Rules Affecting Construction and Demolition Activities,” Air Quality Bulletin (July 2004)
“The Effects Of Recent Air Quality ‘Non-Attainment’ Decisions On Agricultural Water Use,” California Water Law, Faculty Member, CLE Conference (April 2004)
“Riverside County Conservation Plan is Largest Multiple-Species Prototype,” co-author, Los Angeles Daily Journal, Focus Section (July 2003)
“Marketing High Tech Jobs the IPO Way,” (Comment), 21 Whittier L. Rev. 841 (2000)
“CEQA Air Quality Handbook,” co-author, South Coast Air Quality Management District (1993)
“Making Clean Air a Priority: A Guide for Planners in Local Governments,” co-author, South Coast Air Quality Management District (1990)
"12 Steps to Surviving an Air Quality Inspection," co-presenter, CalCIMA Educational Conference (October 2024)
"Complying with CARB’s Advanced Clean Fleets Regulation," co-presenter, Institute for Local Government Webinar (August 2024)
"SB 1383: What it is and How it Impacts Every Jurisdiction," co-presenter, League of California Cities, City Attorneys Spring Conference (May 2023)
"The Path to Zero Emissions," moderator, BizFed Institute's 2024 Transportation Forum (April 2024)
"Strategic Solidarity: Forging Alliances Among Affinity Groups," moderator, California Minority Counsel Program Annual Conference (September 2023)
"SB 1383: What it is and How it Impacts Every Jurisdiction, co-presenter, League of California Cities," City Attorneys Spring Conference (May 2023)
"12 Steps to Surviving an Air Quality Inspection," Project Cornerstone (February 2016)
"Advanced CEQA Workshop," Association of Environmental Professionals (February, 2016)
"Keeping the Lights on in an Emission Free Energy Future," Association of Environmental Professionals California State Conference (March 2015)
American Planning Association, Awards Jury Member (May 2014)
"Water, CEQA and the Public Trust Doctrine: Empty Promises, or Enforceable?," Water of Life: Towards Equitable and Sustainable Water Future for California, PCL Foundation Environmental Symposium (February 2014)
"Go With the Flow: A Colorado River Water and QSA Litigation Update: Los Angeles County Bar Association," Environmental Law Section Law Symposium (November 2013)
Law of the Colorado River Annual Conference (March 2013)
Greenhouse Gas Emissions (April 2013)
"Advanced CEQA Workshop," Association of Environmental Professionals (June - July 2011)
"Western Water Woes and the Impending Demise of the Salton Sea," Planning and Law Division of the American Planning Association and the American Institute of Certified Planners Webinar (September 2010)
"Future of the Quantification Settlement Agreement and Salton Sea," Urban Water Institute’s 17th Annual Water Conference (August 2010)
"The Implications of the QSA Ruling on Colorado River Water Supplies," California Water Law & Policy Conference (April 2010)
"Colorado River: What Now with the QSA? Moving Forward," Water Education Foundation 27th Annual Executive Briefing (March 2010)
Green California Community College Summit (October 2009)
Planning Commissioners’ Training, UCLA Extension (November 2008)
"Legal Considerations of Making or Not Making Findings," UCLA Extension Public Policy Program’s Planning Commissioners Training seminar, UCLA Extension (March 2008)
"Successfully Influencing Government Land Use Decisions," UCLA Extension Public Policy Program (October 2007)
Residential Recovery Facilities Conference (March 2007)
Planning Commissioners’ Training, UCLA Extension (October 2006)
"Development Impact Fees," Building Industry Legal Defense Foundation SuperConference (September 2006)
Indirect Source Review Seminar, Building Industry Association (August 2006)
Indirect Source Review Seminar, Building Industry Association (June 2006)
Planning Commissioners Training, UCLA Extension (October 2006)