Litigation

• Represent Burlington Northern Santa Fe Railroad in seven consolidated lawsuits challenging the company’s planned $500 million rail transfer facility on CEQA and other environmental grounds.
• Represent the City of Los Angeles in four different CEQA lawsuits brought against the Frank Gehry-designed 8150 Sunset Project, a mixed-use development. Governor Brown designated the project as an Environmental Leadership Development Project, the rules for which require that all legal challenges be expedited by the courts to be resolved 270 days after project approval. The project is part of the City of Los Angeles’s long-range plan to revitalize its downtown area.
• Successfully defended the City of Sacramento in challenges that two groups brought under CEQA to the EIR for a downtown arena, securing two published court of appeal decisions. This arena serves as the new home for the Sacramento Kings NBA team.
• Advised Metropolitan Water District of Southern California in litigation over Biological Opinions restricting water exports from the Bay Delta because of their alleged impacts on delta smelt, salmon, and other fish listed under the Endangered Species Act.
• Successfully defended a developer in an Endangered Species Act citizen suit involving the removal of endangered plants, resulting in a favorable Ninth Circuit decision on issue of first impression.
• Defended a timber company in challenge to historic Headwaters Agreement, based on claims under CEQA, California Endangered Species Act and the Fish and Game Code’s streambed alteration provisions, as well challenges to Sustain Yield Plan, Habitat Conservation Plan and other approvals for timber harvesting.
• Defeated CEQA challenge to consistency determination issued under California Endangered Species Act for timber harvesting.
• Defended a timber company in a multi-district, coordinated CEQA action challenging timber harvesting plans involving greenhouse gas emission issues, defeating motions for preliminary injunction and securing trial court victory.
• Secured dismissal of challenge under NEPA and ESA, among other statutes, of incidental take permit and timber harvesting activities for timber company.
• Successfully defended a timber company in Clean Water Act lawsuit based on allegations of sediment discharge during timber harvesting.
• Defended against federal and state qui tam actions under False Claims Act, based on allegations of errors in timber reporting for the historic Headwaters Agreement transaction.  Secured dismissal of state lawsuit on motion for judgment on the pleadings.
• Represented a city in a breach of land disposition agreement case, securing judgment of the pleadings on key damages claims.
• Successfully represented a residential developer in a CEQA challenge to the use of a statutory exemption before the trial court and court of appeal.
• On behalf of a smart growth group, successfully intervened in and defeated a CEQA challenge to a city’s downtown planning initiative.
• Successfully defended a timber company against a lawsuit brought under Business and Professions code 17200, based on allegations of errors made in timber reporting during CEQA and Sustained Yield Plan process.
• Secured a summary judgment for a regional airport authority in a case involving breach of ground leases and a challenge to the master planning process.
• Successfully represented a transportation company in a CEQA action challenging a mitigated negative declaration, resulting in a favorable court of appeal decision.
• Secured a dismissal of a Subdivision Map Act suit against a large property owner.
• Obtained a temporary restraining order on behalf of a mining company against a landowner interfering with reclamation work at a closed mining site.

Advice and Counsel

• Advise University of California on Endangered Species Act issues related to long-term planning programs.
• Advise a large flood control district on Endangered Species Act and Army Corps of Engineers issues related to operations of dams.
• Advise a California nonprofit public benefit corporation on conservation easements, management issues and related real property matters.  Recently advised on the purchase/donation of 140 acres to be used for habitat conservation/permanent open space.
• Advised a private, non-profit organization on the conveyance of watershed lands in compliance with state and federal laws and on real property issues, including CEQA issues, Bureau of Land Management and U.S. Forest Service authorities to enter into land transactions, and California conservation easement and real property law.
• Advised residential developers on various CEQA and land use approvals, including water quality, climate change and toxic air contaminant issues, as well as policy concerns.
• Counseled a gravel mining company on CEQA and stormwater issues for several sites.
• Counseled a mining company on reopening a gold mine in Northern California, including working with a regional water quality control board on National Pollutant Discharge Elimination System (NPDES) permitting, waste discharge requirements, cease and desist order compliance and administrative penalties.
• Represented a large transportation company on endangered species and wetlands matters.
• Drafted legislation and regulatory rulemaking on timber issues, including the review and approval process for timber harvesting plans, as well as water quality, land use and transportation projects.
• Participated in rulemaking, administrative appeals and other regulatory processes in environmental and land use matters, including submitting comments and petitions for review.