Edward Grutzmacher
Overview
Edward (Ed) Grutzmacher represents public entities and private clients in all stages of land use entitlements, from initial application through final administrative action. He also has extensive experience in litigation arising from land use entitlements, including cases involving the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA), the State Planning and Zoning Law, the Coastal Act, the Subdivision Map Act, the Cortese-Knox-Hertzberg Act and the Mitigation Fee Act.
Ed’s land use and litigation practices are complemented by his knowledge of the legal issues surrounding climate change legislation and policy. He regularly advises clients on climate change questions, and has been involved in both evaluating emerging greenhouse gas regulations and analyzing and developing strategies to address the impacts of the California Global Warming Solutions Act (AB 32, SB 32) on land use entitlement processing.
Ed is also involved in the burgeoning field of medical and recreational marijuana regulation, advising clients on land use regulations and environmental issues affecting these new industries.
Published Decisions
- Sierra Club v. California Coastal Commission (2005) 35 Cal.4th 839
- Heron Bay Homeowners Assn. v. City of San Leandro (2018) 19 Cal.App.5th 376
- Naraghi Lakes Neighborhood Pres. Assn. v. City of Modesto (2016) 1 Cal.App.5th 9
- Citizens for Ceres v. City of Ceres (2016) 3 Cal.App.5th 237
- Protect Agricultural. Land v. Stanislaus Cnty. Local Agency Formation Comm’n (2014) 223 Cal.App.4th 550
- Citizens for Ceres v. Superior Court (2103) 217 Cal.App.4th 889
- Healdsburg Citizens for Sustainable Solutions v. City of Healdsburg (2012) 206 Cal.App.4th 988, 990
- California Native Plant Society v. City of Rancho Cordova (2009) 172 Cal.App.4th 603
- Schellinger Brothers v. City of Sebastopol (2009) 179 Cal.App.4th 1245
Representative Experience
- County of Mono, et. al. v. City of Los Angeles et al. (LADWP) (2022) First Appellate District of the Court of Appeal, Case No., A162590. Successfully represented LADWP in appeal overturning trial court’s decision that LADWP’s annual water allocations to ranchers leasing land from LADWP in Mono County were subject to CEQA. Mono County and the Sierra Club had argued that LADWP’s 2018 water allocation was a change to LADWP’s historic water allocation practices requiring new CEQA review. The Court of Appeal disagreed, finding that the annual allocations were actions in furtherance of the 2010 approvals of the leases with the Ranchers and did not require any further CEQA review. The Court’s decision will allow LADWP to continue to manage its water resources to meet the many competing customer, environmental, and regulatory demands on LADWP’s water free from annual litigation on these decisions.
- Trans Bay Cable Project. Advised City of Pittsburg (CA) in processing land use entitlements for an approximately 57-mile, 400-Megawatt electricity transmission cable linking Pittsburg with the City and County of San Francisco.
- Port of Los Angeles. Assisted the Port in environmental analysis of major infrastructure improvement of Port facilities as well as in litigation arising from that analysis.
- Citrus Heights Infrastructure Pay-As-You-Go v. City of Citrus Heights. Successfully defended challenge under CEQA to City of Citrus Heights’ approval of a residential subdivision in trial court and on appeal.
- City of Milpitas v. City of San Jose. Successfully prosecuted action on behalf of the City of Milpitas against the City of San Jose for violations of CEQA in analyzing extra-jurisdictional impacts of the North San Jose Area Plan.
- Schellinger Brothers v. City of Sebastopol. Successfully defended City in challenge brought by developer under CEQA that sought to require the City to certify an EIR before the City had completed environmental review because the environmental review process had exceeded one year. The decision clarifies lead agencies’ rights and responsibilities to complete adequate environmental review despite exceeding CEQA’s direction to complete an EIR within one year.
- HCSS v. City of Healdsburg (Saggio Hills). Defended approvals of development involving resort hotel and residential uses.
- Baywood v. City of Petaluma. Defended City against claims for violation of the Mitigation Fee Act.
- Ceres/Walmart. Defended approvals of a regional shopping center including a Walmart supercenter store.
- Pinole General Plan Update. Assisted City in the update of its General Plan.
- Marin County EOF. Assisted County in processing of approvals for an Emergency Operations Facility.
- El Cerrito San Pablo Specific Plan. Assisted City in development of Specific Plan including form-based code for commercial thoroughfare.
- Bombay v. City of Fresno. Defended City in challenge to collection of development impact fees under the Mitigation Fee Act from multiple developments.
- City of Sonoma v. County of Sonoma (Dutra). Challenged County’s approval of an asphalt batch plant located just outside the city limits.
- Heron Bay HOA v. City of San Leandro. Defended approval of wind power generation facility.
- Nichols v. City of Modesto. Defended City in elections law challenge.
- Windsor General Plan Update. Assisting City in processing of new General Plan.
- Naraghi Lakes v. City of Modesto. Defended approval of shopping center anchored by new supermarket.
- Sebastopol Alliance for Neighborhood Empowerment v. City of Sebastopol. Defended approvals of minor modifications to existing gas station and car wash.
- SEIR Addendum for BART Silicon Valley Project. Assisted in CEQA processing of extension of Bay Area Rapid Transit into Silicon Valley.
- Project Agricultural Land v. Stanislaus LAFCO. Defended LAFCO approval of annexation into the City of Ceres of large scale residential development project.
- Grabisch v. City of Larkspur. Defended City’s collection and accounting of fees collected under benefit assessment district.
- Moynihan v. City of Petaluma. Defended City in elections law challenge.
- Teixeira v. UC Regents UCLA. Defended UC in public records act litigation.
- Teixeira v. UC Regents San Diego. Defended UC in public records act litigation.
- Linebarger v. Town of Los Altos Hills. Defending Town in dispute over residential project.
- Save Valley Village v. City of Los Angeles. Defended City in CEQA challenge to approval of residential project.
- MHC Chino v. City of Chino. Defending City against takings claim arising out of mobile home park conversion.
- Simpson v. San Diego Unified School District. Defending District against CEQA challenge to approval of high school campus upgrades project.
- Friends of Walnut Creek v. City of Walnut Creek. Defended approval of new shopping center against CEQA challenge.
- UC Merced 2020 Project. Assist UC Merced in compliance for mitigation of impacts of campus development on endangered species.
- Gonzalez v. City of Sacramento. Defended the City’s approval of deal to construct new basketball arena for the Sacramento Kings.
Presentations and Publications
- Author, “Ninth Circuit Vacates Injunction Delaying Caltrans Eviction of Homeless Persons Encamped Along Freeway Exit Ramp,” Meyers Nave Client Alert, May 4, 2022
- Author, “CEQA Update: Appellate Court Rules on Preservation of Documents and Discovery Relating to Administrative Records,” North County Lawyer, November 2020
- Author, “Appellate Court Rules on Preservation of Documents and Discovery Relating to Administrative Records in CEQA Litigation,” Meyers Nave Client Alert, August 6, 2020
- Author, “CEQA Update: Appellate Court Issues Broad Decision on Greenhouse Gas Analysis,” Meyers Nave Client Alert, July 22, 2020
- Author, “Court Clarifies Subsequent CEQA Review Rules for Post-Approval Decisions,” Meyers Nave Client Alert, May 26, 2020
- Author, “Governor’s Executive Order Temporarily Changes CEQA’s Noticing Procedures, Suspends Tribal Consultation Deadlines,” Meyers Nave Client Alert, 2020
- Author, “California Supreme Court Clarifies What Constitutes a ‘Project’ Under CEQA,” Meyers Nave Client Alert, 2019
- Quoted, “Zoning Shift Can Mean Review, Calif. Court Says in Pot Case,” Bloomberg Law: Environment, 8/19/2019
- Quoted, “California Justices: San Diego’s Medical Pot Law Needs a Second Look,” The Recorder, 08/20/2019
- Author, “U.S. Supreme Court Changes 30 Years of Takings Law,” Meyers Nave Client Alert, 2019
- Author, “Major Proposed Revisions to CEQA Guidelines Released By State,” Meyers Nave Client Alert, 2017
- Author, “California Supreme Court Takes Up Medical Marijuana CEQA Case,” Western Real Estate Business, May 2017
- Author, “State Agencies Release Draft Regulations for Medical Cannabis Businesses,” Meyers Nave Client Alert, 2017
- Author, “California Supreme Court Overturns Banning Ranch’s EIR for Failure to Analyze Environmentally Sensitive Habitat Areas,” Meyers Nave Client Alert, 2017
- Author, “State Releases Scoping Plan Update to Meet New 2030 GHG Reduction Goal,” Meyers Nave Client Alert, 2017
- Author, “BAAQMD Releases Comprehensive Plan for Addressing Air Pollution and Climate Change,” Meyers Nave Client Alert, 2017
- Author, “Court of Appeal Rules Developers Can Recover CEQA Administrative Record Costs,” Meyers Nave Client Alert, 2016
- Presenter, “Legalized Recreational Marijuana: Land Use and Environmental Laws,” Meyers Nave Webinar, 2016
- Author, “Attorney’s Fee Award Reduced Based on Limited CEQA Victory,” Meyers Nave Client Alert, 2015
- Presenter, “Ethical Considerations,” CEQA Seminar, Lorman Education Services, 2013
- Presenter, “Planning for CEQA Compliance and Litigation,” CEQA Seminar, Lorman Education Services, 2013
Affiliations
- Member, The State Bar of California
Education
- University of California, Hastings College of the LawJD, 2003
- New York UniversityMA, English Literature, 2000
- University of California at DavisBA, English and BS, Biology, 1998
