Ongoing Matters

Friends of Swainson's Hawk v. City of Sacramento, Sutter County CEQA July 2003; HCP Ongoing since April 1999
Representation of the City and County in defense of CEQA challenge to EIR for habitat conservation plan (HCP) and related challenges pursuant to California Endangered Species Act and federal Endangered Species Act.

Madera Irrigation District; Friant Water Users Authority, et al. v. County of Madera, et al. Ongoing since July 2004
Representation of the County of Madera in defense of multi-party CEQA action alleging inadequate water supply analysis, among other things.

Seeno v. City of Antioch Ongoing since February 2004
Currently defending City against challenges to adopted sewer connection fees.

LNR Riverside LLC, March AFB Ongoing since August 2003
Representation of LNR against a CEQA challenge to the joint powers authority's approval of LNR's proposed base reuse plan for March AFB. Working with outside counsel for the joint power authority, we settled this matter on favorable terms that permitted the project to go forward without any substantial modification or any requirement for additional CEQA review.

OMI/Thames Water Stockton, Inc. Ongoing since May 2003
Representation of OMI/Thames against a CEQA challenge to the City of Stockton's approval of a contract which authorizes OMI/Thames to operate and maintain the City's water, wastewater and stormwater systems, including possible future design build projects. Petitioners contend that the City was required to conduct CEQA review before entering into the contract. This matter is still in active litigation at the appellate level.

Hall v. Comb CEQA Litigation Ongoing since January 2003
Representation of the property owners in challenging a negative declaration for a fishery enhancement project with adverse impacts on other resources. We successfully obtained an injunction and then a decision on the merits requiring further analysis of impacts on aquatic species as well as other issues.

City of Antioch Ongoing since June 2002
Represent the City of Antioch on the legal defensibility of its comprehensive citywide General Plan Update, the 2,700 acre Sand Creek Specific Plan, and the CEQA compliance covering these major planning efforts. The representation includes strategic discussions with City Staff, Planning Commissioners and City Councilmembers, and negotiations with potential litigants. The General Plan EIR was certified and the General Plan adopted without legal challenge. Ongoing representation on the complex Sand Creek Specific Plan includes advice on legal issues raised by numerous environmental groups and other opponents, including an innovative resource management plan.

Port of Los Angeles NEPA and CEQA Litigation Ongoing since November 2001
Representation of the Port of Los Angeles in federal and state court litigation challenging the China Shipping Terminal, which was approved as part of a larger plan of Port improvements to meet burgeoning container trade demands. We have assisted the Port in NEPA reviews for required federal permits and defended those permits in court, successfully defeating injunction motions in both the U.S. District Court and the Ninth Circuit Court of Appeals. We have also defended the Port's state environmental impact review, also defeating injunction motions in the state trial and appellate courts.

Shingle Springs Casino and Interchange NEPA and CEQA Review Ongoing since May 2001
Counsel to the Shingle Springs Band, advising on NEPA and CEQA compliance for a proposed tribal casino project and the freeway interchange necessary to serve the Tribe's property from Highway 50 in El Dorado County.

Town of Mammoth Lakes - Airport Expansion and Related NEPA and CEQA Litigation Ongoing since March 2001
Representation of the Town of Mammoth Lakes in CEQA compliance regarding the proposed expansion of the Mammoth airport, and in NEPA litigation challenging FAA approval of that expansion. Both the CEQA and the NEPA issues relate to the required level of review following preparation of prior impact reviews under both federal and state law. The firm successfully defended a CEQA challenge at the trial court level to an airport improvement plan to accommodate commercial service. The matter is currently up on appeal.

San Diego Unified Port District - Airport Expansion Project Ongoing since June 1999
The firm represented the San Diego Unified Port District (and now represents the new airport authority) in several projects, including (1) the development of the San Diego International Airport Master Plan; (2) the proposed extension of Taxiway C, including acquisition from the Marine Corps Recruit Depot of land for the project; (3) the proposed development of an Intermodal Transportation Center; (4) the proposed development of a new airline terminal on Pacific Highway; and (5) the successful settlement of a CEQA challenge to an airport parking lot. These projects encompass land use law, environmental review under CEQA and NEPA, and federal regulation of airports.

Presidio Army Base, San Francisco, California - LucasFilm, Ltd. / Presidio Trust Federal Trust Project Ongoing since January 1999
The firm is representing LucasFilm Ltd. in connection with its successful bid to develop the Letterman Digital Arts Center in the former Presidio Army Base, now a national park. This included the development of a proposal that was accepted by the Presidio Trust (which now has responsibility for the park), negotiation of a Development Agreement and Ground Lease, and collaboration with the Presidio Trust in NEPA and National Historic Preservation Act proceedings. In addition the firm has provided land use advice to Classic Residence by Hyatt in its proposal to develop a senior housing project in the Presidio.

Lennar Mare Island Ongoing since April 1998
Assisting Lennar Corporation and LNR Property Corp. in the development and reuse of the 5,200-acre Mare Island Naval Shipyard in Vallejo, California. This project (including 1400 homes and 7 million square feet of commercial space) is one of many military base reuse projects in California for which we provide advice on issues including base conversion, redevelopment, environmental, land use, real estate and financing. We have had extensive involvement counseling Lennar and the City of Vallejo on CEQA NEPA compliance and the legal defensibility of an EIR EIS for this complex project.

Placer Holdings, Inc., Twelve Bridges, Placer County Ongoing since December 1995
Representation of Placer Holdings on land use entitlements, CEQA bond financing, golf course operations, construction contracts and partial sale of 5,000 acre mixed residential, golf and commercial development. Provide counseling to client covering this newly developed community on program and project level CEQA compliance, including settlement of CEQA litigation.

River Islands, Lathrop, San Joaquin County Ongoing since May 1995
Assisting the developer of a 6,000-acre island in the San Joaquin River delta in the environmental review and permitting of an innovative master-planned community and fisheries restoration project. We assisted with local planning and CEQA review, and currently are working with the Army Corps of Engineers and other agencies on a plan to breach existing levees and reestablish aquatic habitat on large portions of the island. Morrison & Foerster attorneys also represented River Islands LLC in a CEQA challenge to the City of Lathrop's approval of River Islands' permits to construct a major new mixed use development including 11,000 new homes. Working closely with counsel for the City, we settled this matter on very favorable terms that will allow the project to go forward without additional CEQA review

2004

City of Glendale/Glendale Redevelopment Agency - Town Center December 2004
Representation of the City of Glendale and its Redevelopment Agency in its environmental review and approval of the Town Center redevelopment project. The project is designed to improve Glendale's downtown district and make use of space that is severely underutilized. The project as approved by the City Council and Agency Board is a mixed-use development including retail, restaurants and cinema, housing, and park space.

North Baja Pipeline Litigation April 2004
Successfully defended before the Sacramento County Superior Court, the Court of Appeal and the California Supreme Court the State Lands Commission approval of a natural gas pipeline against challenges by Imperial County and the City of El Centro. The challenges focused on the impacts of emissions from Mexican powerplant that will be, in part, served by this new pipeline.

Port of Stockton - CEQA Litigation
Representation of the Port of Stockton in defending against a CEQA challenge to its operation of terminal facilities on former military property at the Port. We prevailed on a motion to dismiss, thus successfully resolving the case at an early stage.

Marin Audubon Society v. City of Novato
Represented the developer of a project in defending the EIR for a revised Master Plan for a large shoreline residential development.

San Jose Redevelopment Agency - Palladium Project
In the largest redevelopment project in San Jose history, we represented Palladium in its negotiations concerning a major mixed-use 3.5 million-square-foot Downtown project. To date we have assisted Palladium in the negotiations of the Exclusive Right to Negotiate, the Disposition and Development Agreement, the EIR scoping for the project and other land use, transactional and financing aspects of the project.

El Dorado Hydroelectric Project Litigation
Represented Pacific Gas & Electric Company in several CEQA litigation matters relating to the El Dorado hydroelectric project, and the acquisition of that project by the El Dorado Irrigation District. Successfully obtained in the El Dorado Superior Court a decision that the transfer itself did not require a CEQA review, and this ruling was upheld by the Third District Court of Appeal in its published decision, Amador County v. El Dorado County Water Agency. PG&E did not participate in the appeal.

Friends of Sierra Madre v. City of Sierra Madre
Representation of the City of Sierra Madre in the Los Angeles Superior Court, the Court of Appeal and the California Supreme Court, in a groundbreaking action regarding the question of whether CEQA applies to council-sponsored ballot measures.

Pardee Construction - City of San Diego SR 56 & SubArea III CEQA Litigation
Successful representation of real party in interest, Pardee Construction Company, in defending two related approvals in CEQA litigation. One case challenged the routing decision for State Route 56 in the northern area of the City, and the companion case challenged the general plan amendment for a large part of this urbanizing area near the proposed freeway. The CEQA claims related to noise impacts, endangered species issues, and the relation between CEQA and the designation of coastal water bodies as impaired under the Clean Water Act. Both the trial court and the Court of Appeal upheld the EIR for the freeway segment as well as the master EIR for the new development area.

Alves Ranch v. City of Pittsburg
Successfully petitioned to set aside a general plan amendment downzoning client's property based on CEQA and Planning & Zoning Law violations.

San Francisco Redevelopment Agency - Emporium/Bloomingdales Redevelopment Project
Successful representation of the San Francisco Redevelopment Agency in defending the approved redevelopment plan and related approvals for the conversion of the Emporium building into a new Bloomingdales store against a challenge by a citizens group; the primary issue in our part of the case was the legal adequacy of the blight finding for the redevelopment plan amendment.

Alameda County - Juvenile Justice Facility

Representation of Alameda County in the siting and environmental review of a new juvenile justice detention facility in Alameda County. The firm advised the County regarding CEQA and NEPA compliance related to the development of the new facility required pursuant to a court order. Following approval of the detention facility, Morrison & Foerster attorneys advised the County regarding state and federal permitting requirements pertaining to natural resource issues.

Shea Homes - Franklin Street Master Plan with City of Redwood City Second Amended Redevelopment Project Area
Representation of Shea Homes in the redevelopment of the 25-acre Franklin Street Area in one of Redwood City's Redevelopment Project Areas. Responsibilities included representing Shea in all aspects of the land use entitlement process with the City of Redwood City and in obtaining all Redevelopment Agency approvals, including the exclusive right to negotiate, the disposition and development agreement and processing of redevelopment CEQA documentation. As part of the redevelopment process, we assisted Shea during the preparation of the replacement housing plan and relocation process, and with Shea's efforts to fulfill its affordable housing obligations.

UC Riverside/Moreno Valley CEQA Litigation
Representation of the University of California in a CEQA action challenging its master plan for development of surplus property. The case was settled on favorable terms, and Morrison & Foerster is now advising UC on the implementation of that settlement.

Dougherty Valley
We serve as development counsel for one of the largest master-planned communities ever built in Northern California. When fully developed, the $5 billion Dougherty Valley project (Centex Homes, Brookfield Homes and Lennar Communities) will include 11,000 homes on 6,000 acres. The CEQA Specific Plan and project level EIR document, addressed numerous complex impacts of this massive long-term phased project. We have guided the Dougherty Valley through all entitlement processes since 1991, including CEQA litigation and settlement with over twenty parties.

Wavecrest Village CEQA Litigation
Representation of the developers of Wavecrest Village, an approved coastal zone development in the City of Half Moon Bay, in CEQA litigation challenging the project approval. The trial court upheld the adequacy of the EIR, and the case is now fully briefed on appeal.

Tulare County - Dairy Plan CEQA Litigation
Advised Tulare County on briefing and strategy in its successful effort to defend general plan amendments aimed at the increasing number of dairies in the county. The case settled on favorable terms.

Friends of Mammoth v. Town of Mammoth Lakes Redevelopment Agency
In the Third District Court of Appeal, represented numerous joining California cities in filing a friend of the court brief. The CEQA aspect of this case involved the proper scope and level of detail in an EIR on a redevelopment plan.

Costanoa Resort CEQA Litigation & Advice
Represented the developer of the Costanoa coastal resort, located in the coastal zone in unincorporated San Mateo County, in CEQA permitting and compliance issues, including representation before the California Coastal Commission. Also defended the development against CEQA challenges based on coastal zone endangered species issues.

Sunol Quarry Litigation
We have advised Mission Valley Rock Company on litigation strategy for a ballot measure/CEQA case relating to a proposed quarry expansion in the Sunol area.