Services
CEQA/NEPA
Environmental Compliance & Advocacy
Energy & Utility Law
Compliance with the California Environmental Quality Act (CEQA) and/or the National Environmental Policy Act (NEPA) are critical to the approval and development of any project. We assist in developing CEQA and NEPA documents in coordination with lead-agency staff, shepherding their approvals, and then defending those documents against any legal challenges which may follow.
Energy & Utility Law
Environmental Compliance & Advocacy
Energy & Utility Law
We are intimately familiar with the commercial interests of utilities and energy producers and have significant experience practicing before the regulatory agencies that oversee them, having acted as regulatory counsel for the successful entitlement of over $3.5 billion of energy infrastructure projects.
Environmental Compliance & Advocacy
Environmental Compliance & Advocacy
Environmental Compliance & Advocacy
We handle a broad range of environmental issues in litigation, regulatory enforcement, permitting, compliance counseling, and commercial transactions. We also advocate for our clients' interests in planning, policy, legislation and rulemaking proceedings.
Land Use & Entitlement
Commercial & Real Estate Transactional Services
Land Use & Entitlement
We support a variety and land use entitlements and permitting efforts for our clients, including development agreements, California Subdivision Map Act advice, coastal development permits, conditional use permits, variances, zone changes, subdivisions, and other related approvals.
Litigation
Commercial & Real Estate Transactional Services
Land Use & Entitlement
We litigate environmental, CEQA/NEPA, regulatory, administrative, and other cases in a variety of venues, including specialized forums such as before the California Public Utilities Commission.
Commercial & Real Estate Transactional Services
Commercial & Real Estate Transactional Services
Commercial & Real Estate Transactional Services
Our 14 years of in-house real estate development and utility employment allows us to intuitively advance our clients' interests and needs. This experience allows us to efficiently identify and develop strategies to minimize legal risk, perform due diligence and support a wide range of our clients' corporate and commercial interests.
Representative matters:
Defense of Transmission Infrastructure Project for Delivery of Bulk Power to Municipal Utility:
Led regulatory counsel for the successful entitlement and defense of approximately $500M transmission project, including underground construction of high-voltage transmission line and a new substation. Efforts included overseeing and coordinating municipal and CPUC entitlement proceedings, supporting CEQA analyses, extensive negotiations with affected property owners, and the defense of the Project in California trial court and the court of appeal, as well as in administrative proceedings before the CPUC.
CEQA/NEPA Advocacy Regarding Impacts of Desert Renewable Energy Conservation Plan (DRECP):
Lead counsel in joint proceedings by the U.S. Bureau of Land Management (BLM), U.S. Fish & Wildlife Service (USFWS), California Energy Commission (CEC), and California Department of Fish & Wildlife (CDFW) regarding adoption of the DRECP, including drafting utility comments and recommended edits to DRECP and the supporting draft Environmental Impact Report/Environmental Impact Statement (DEIR/DEIS).
Comments on CEQA Guidelines Revisions:
Lead counsel for professional CEQA organization's comments and suggested edits to revisions of the CEQA Guidelines proposed by the California Governor's Office of Planning and Research.
Support for over 60 land use projects:
As an environmental consultant, Ian facilitated the implementation of over 60 projects, including permitting applications, field studies and the development of CEQA and/or NEPA compliant documents for educational campuses and institutions, housing developments, water banking efforts, seawater intrusion barriers, NPDES monitoring, tidal monitoring, noise analyses, hazardous materials remediation and property restoration, energy generation facilities and supporting infrastructure, dams, natural gas pipelines, freeway expansions and interchange modifications, high-speed and commuter light rail, airport expansions, and renewable energy siting and constraints analyses.
Representative matters:
Transmission Infrastructure Project for Delivery of Bulk Power to Municipal Utility:
Lead regulatory counsel for the successful entitlement and defense of approximately $500M transmission project, including underground construction of high-voltage transmission line and a new substation. Efforts included overseeing and coordinating municipal and CPUC entitlement proceedings, supporting CEQA analyses, extensive negotiations with affected property owners, and the defense of the Project in California trial court and the court of appeal, as well as in administrative proceedings before the CPUC.
Defense of Transmission Infrastructure Project for Delivery of Renewable Power:
Lead counsel in successful defense of the construction of a $1.8 billion transmission project. Efforts before the administrative law judge in the CPUC proceeding included extensive expert witness testimony establishing compliance with required construction and mitigation monitoring and reporting plan requirements, motion practice to limit the scope of issues in dispute and ultimately resolve the matter, and filings opposing advocate fees sought by challenger.
Utility-scale Battery Energy Storage:
Lead regulatory counsel advising on the application, permitting and establishment of utility-scale battery energy storage systems. Efforts included advising on the design, configuration and interconnection of the battery systems, and comparisons of various permitting approaches, including required approvals, estimated timeframes to secure the relevant approvals, and the relative risks and benefits associated with each approach.
Establishment of Industrial and Military Microgrids:
Lead regulatory attorney in various proceedings for the successful establishment of industrial and military microgrids in California. Efforts included extensive negotiations with CPUC staff regarding applicable tariff rules to facilitate the establishment of the microgrids, including expanding allowed activities, clarifying certain design considerations, and advocacy for an exception to the tariff rules to allow the use of electrical power received from the utility on adjoining premises under certain circumstances.
Decommissioning of Nuclear Power Plant:
Acted as primary counsel, Manager for Decommissioning Environmental Affairs, as well as Chair of the Legal Committee supporting the decommissioning of the San Onofre Nuclear Generating Station (SONGS). Efforts included management of legal budget, reporting on environmental and construction issues of legal importance between and among the co-owners of the plant, and leading an effort to develop plans supporting the potential relocation of spent nuclear fuel to an offsite storage facility.
Hydroelectric Facility & Transmission Infrastructure:
Represented developer’s application and negotiations with State agencies in support of development of 500-megawatt hydroelectric facility and associated transmission line. Efforts included advising on permitting strategies and requirements, regulatory and political challenges to the project, and environmental considerations associated with the project’s potential implementation.
Representative matters:
Contract Revisions to Support ESG Performance and Audits:
Led efforts to systematically revise form and engagement agreement terms to better support the demonstrated satisfaction of ESG, carbon reduction and sustainability goals for publicly traded company.
Availability of Tax Credits and Grants Under Inflation Reduction Act and Other Legislation:
Regulatory counsel advising on eligibility for tax credits and grants for development projects, including the development of talking points and correspondence regarding the applicability of the Inflation Reduction Act and Infrastructure Investment and Jobs Act to certain real estate developments in meetings with the offices and staff of federal legislators and the U.S. Executive Branch.
Notice of Violation (NOV) under NPDES permitting and federal CWA:
Coordinated review and defense against Notices of Violation and Investigative Orders by Regional Water Quality Control Boards regarding unauthorized discharges of wastewater in alleged violation of NPDES permitting, local water quality standards, and the federal Clean Water Act for various land uses, including energy generation facilities and a property management company.
Federal and California State Legislative Comments:
Lead counsel for quick response team tasked with reviewing, responding to, and negotiating with federal and California state agencies and legislators' offices regarding proposed legislation impacting client's interests, including federal laws for the governance and/or expansion of America's Public Lands such as National Parks and Wilderness, Special Management Areas, National Forests, National Recreation Areas, and National Monuments, as well as California laws impacting CEQA, natural resources, energy, climate change, social governance, and the environment.
Decommissioning of Nuclear Power Plant:
Acted as primary counsel, Manager for Decommissioning Environmental Affairs, as well as Chair of the Legal Committee supporting the decommissioning of the San Onofre Nuclear Generating Station (SONGS). Efforts included management of legal budget, reporting on environmental and construction issues of legal importance between and among the co-owners of the plant, and leading an effort to develop plans supporting the potential relocation of spent nuclear fuel to an offsite storage facility.
Industrial Manufacturer Seeking Emission Reduction Credits (ERCs):
Represented industrial manufacturer seeking ERCs by local Air Quality Management District (AQMD) associated with relocation of an industrial facility. Efforts included documentation of reductions in air emissions, lengthy negotiations with local AQMD, as well as the coordination and submission of relevant documents in support of ERC request and in response to data requests regarding this request.
Environmental Remediation and Financial Responsibility Negotiations:
Represented major petrochemical refining company in negotiations with insurance company, predecessors in interest, adjacent ownership interests, and California regulatory agencies regarding the remediation of client’s facility and surrounding environment.
Compliance Counseling for Antimicrobial and "Green" Marketing Claims and Defense Of Alleged Violations:
Counseled national textile manufacturer regarding antimicrobial and “green” marketing claims, as well as compliance with Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), California’s Department of Pesticide Regulation, and the Consumer Product Safety Act (CPSA). Separately defended consumer goods manufacturer against alleged violations of California Food and Agriculture Code brought by the California Department of Pesticide Regulation associated with the marketing and distribution of antimicrobial products.
Prop 65 Compliance Counseling and Defense:
Defense of various producers of household consumer goods against alleged violations of California’s Safe Drinking Water and Toxic Enforcement Act (“Prop 65”).
Representative matters:
Master Plan Developments in Silicon Valley:
Counseled and provided strategic legal advice supporting the successful entitlement approvals, CEQA and California Subdivision Map Act compliance, and development agreement negotiation for four master plans in Silicon Valley, California. At full development, the mixed-use, master plans envision 15,000 residential units, 11.5 million sf. of office space, and 780,000 sf. retail/hotel space.
Mixed-Use Project in Beverly Hills, CA.:
Counseled and successfully secured entitlements for the re-development of an eight-acre parcel in Beverly Hills, California in favor of a mixed-use, multi-story, luxury condominium project of an international developer.
Property Impacted by Redesign of Highway Infrastructure:
Successfully represented a Fortune 100 company’s land use interests in a proceeding to approve the redesign of a freeway exit and adjacent municipal streets.
Representative matters:
Defense of Construction Practices in Complaint Alleging Non-compliance with CPUC Permits:
Defended $1.8B transmission construction project against claims that construction practices violated its license, the mitigation monitoring and compliance and reporting plan (MMRP) adopted under CEQA, and the conditions of its permitting entitlements. Efforts before the administrative law judge in the CPUC proceeding included extensive expert witness testimony establishing compliance with required construction and MMRP requirements, motion practice to limit the scope of issues in dispute and ultimately resolve the matter, and filings challenging advocate fees sought by challenger.
Challenges to California Coastal Commission (CCC) decisions:
Counsel for real party in interest defending against various challenges (writs of administrative mandate) to CCC decisions supporting spent nuclear fuel storage and multi-billion dollar decommissioning of a nuclear power plant. Efforts included development of strategies to limit impacts of challenge to ongoing decommissioning efforts already in progress, review and advice regarding motions to dispose of suit, and settlement negotiations supporting the early resolution of the challenge.
Defense of Aviation Non-profit:
Defended non-profit aviation organization in civil action in Nevada State court alleging, among other things, breaches of contract, defamation, civil conspiracy, intentional infliction of emotional distress, attorney's fees and declaratory relief.
Defense of Refining Company Against Toxic Tort Claims:
Defended major petrochemical refining company against California toxic tort claims (trespass, nuisance, etc.) alleged in connection with an underground release of hydrocarbons.
Defense of Bank Against Claims of Wrongful Foreclosure.
Defended national bank accused of the wrongful foreclosure and sale of a home.
Defense of Mining Company in Regulatory Enforcement Proceeding:
Defended multi-national mining company against claims of Resource Conservation and Recover Act (RCRA), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and Emergency Planning and Community Right-To-Know Act (EPCRA) violations alleged as part of national enforcement initiative brought by the U.S. Environmental Protection Agency and Department of Justice in coordination with state environmental agencies.
Representative matters:
Establishment and Management of Legal Service Operations:
Established and managed legal operations in support of a joint venture for the development of mixed used master plans in Silicon Valley, California. These efforts included coordinating legal billing, development of form engagement contracts and RFQ documents, negotiation of agreements for professional and non-professional services, oversight of the design and implementation of a client-facing legal services portal, and providing ongoing advice on risk management and best practices for contract and legal file management.
Purchase of Renewable Energy Project Portfolio:
Managed due diligence in support of the purchase of a Private Equity purchase of a portfolio of California renewable energy projects.
Purchase of Climate Change Certified Emission Reductions (CERs):
Represented buyer and performed transactional due diligence in support of purchase of internationally generated CERs and their transfer through Clean Development Mechanism (CDM) Registry accounts established under the Kyoto Protocol.