Implemented a successful defense strategy initially coordinating the representation of over 80 agricultural defendants in
a series of related actions arising from alleged contamination of groundwater sources by the pesticide DBCP.
Represented the developer of new natural gas power plant in all aspects of CEC proceedings, and negotiated water exchange
program to allow operation without net impact on groundwater and surface water resources.
Assisted a private water company in the acquisition of water banking property in Madera County, California, and in developing
conjunctive use and transfer program to implement desired banking arrangements.
Served as special counsel to the City and County of San Francisco in the $2 billion reconstruction and modernization of its
municipal sewage and stormwater collection, treatment and disposal system.
Represented multiple clients in financing and other contractual arrangements to secure significant entitlements to and treat
Stanislaus River water to serve all urban growth in the Central Valley cities of Tracy, Lathrop and Manteca.
Represented major international airport in renewal of NPDES permits covering its sanitary and industrial wastewater treatment
plants and stormwater discharges, development of construction and industrial stormwater management programs, and commenting
on TMDL proceedings related to airport discharges.
Represented Central Coast ranching interests in litigation against the Bureau of Reclamation and the National Marine Fisheries
Service in connection with federal efforts to reintroduce salmonid species (steelhead and salmon) to tributaries supplying
water to clients’ ranching operations.
Represented multiple clients in the acquisition of significant storage rights in the semitropic groundwater banking program
in Kern County, and assisted in the financing arrangements to secure those rights. Defended and successfully settled litigation
challenging these efforts.
Assisted a landowner in State Water Resources Control Board proceedings regarding diversions of water for bottling and sale,
with dispute centering on whether water source is percolating groundwater or a subterranean stream.
Advised several winemakers in evaluating water rights issues associated with properties in Napa, Sonoma and Santa Barbara
Counties.
Represented the owner of a San Joaquin delta island in negotiations with the State Reclamation Board, Army Corps of Engineers,
National Marine Fisheries Service and U.S. Fish and Wildlife Service in unprecedented effort to modify and improve extensive
San Joaquin River delta system for improved flood control purposes.
Assisted owners of 900-acre Kern River property with the restoration, through federal grant moneys, of significant wetlands
program involving transfer of water rights.
Assisted a Southern California municipality in a complex series of surface water transfers and groundwater exchanges to satisfy
long-term demand established under its general plan. Also assisted in comprehensive update of the city's urban water management
plan.
Served as counsel to the City of Sacramento in the preparation, adoption and defense of the Natomas Basin Habitat Conservation
Plan (NBHCP), which since 1997 has been at the cutting edge of regional habitat conservation planning in the State of California.
The cornerstone of the NBHCP conservation strategy is the preservation and use of water resources for the protected Giant
garter snake and Swainson’s hawk.
Assisted a Native American tribe in its efforts to secure state and federal water supplies for its development property in
Sierra Nevada foothills. Defended state and federal litigation filed against those efforts.
Advised the University of California in water issues associated with the development of its new campus in Merced County, California.
Leading negotiations with the U.S. Fish and Wildlife Service, the National Marine Fisheries Service and U.S. Environmental
Protection Agency regarding potential impacts to water quality and impacts on anadromous fish and other species.
Represented 15 municipal agencies in the South San Francisco Bay in connection with the issuance of an NPDES permit and related
compliance order. Defended against citizens’ group challenges in related litigation and enforcement proceedings.
Represented the Santa Clara Valley Water District, the utility responsible for providing water to the Santa Clara Valley,
in a wide range of matters, including water supply acquisition and management, flood control operations, facilities construction
and maintenance, NPDES, TMDLs and other Clean Water Act matters, and habitat conservation planning and other endangered species
compliance matters.
Represented a coalition of urban water supply agencies in the seminal negotiations leading to establishment of salinity and
temperature standards in the Bay-Delta system and measures to implement these standards through the CalFed program.
Represented multiple clients in proceedings involving the Bureau of Reclamation in Washington, D.C., including issues involving
competing claims to riparian and appropriative rights and exportation of riparian waters.
Assisted a land developer and water wholesaler (i.e., Zone 7) in the acquisition of 10,000 afa of entitlements from the State
Water Project in accordance with the Monterey Amendments to satisfy long-term demand. Negotiated financing and reimbursement
arrangements to facilitate this transfer.
Represented The Nature Conservancy in numerous water rights transactions, including water rights transfers in the State of
Idaho and other locations for environmental (i.e., wetlands restoration) purposes.