Bay Area Water Emergency Transportation Authority
Advised the Bay Area Council and worked with California Senator Tom Torlakson and the Senate Policy Unit in drafting the legislation to create the Bay Area Water Emergency Transportation Authority in order to build out ferry system, improve emergency water transportation and consolidate ferry service. (2007)
Hartsfield-Jackson Atlanta International Airport
Advise the City of Atlanta and its Hartsfield Jackson Atlanta International Airport (the busiest in the world) in the negotiation of new Lease and Use Agreements to govern airline and airport finances, development, and operations at the airport, including a capital improvement program running into the billions of dollars, as well as federal regulatory and complex real estate and financing contracts. (ongoing, 2009)
Genentech’s Headquarters Expansion Project
Advise Genentech in replanning its headquarters campus in South San Francisco, assisting in land acquisition, and securing all authorizations to double (more than 6 million square feet) the campus through approval of a new master plan, environmental impact report, and expansion of the Genentech R&D district. This project involves replacing existing buildings, infrastructure improvements, and financing for the new buildings.
Genentech’s Hillsboro Manufacturing Facility
Assist Genentech with its $250 million fill/finish manufacturing facility in Hillsboro, Oregon, including advising on real estate acquisition and land use entitlement, as well as negotiating financial incentives and special planning treatment with the State of Oregon and local governments. (ongoing, 2009)
Genentech’s Research Support Facility in Dixon, California
Advised Genentech on its $100 million research support facility, including environmental review, land use entitlement, and negotiations with the City of Dixon regarding financial incentives and land exchanges. (2008)
Genetech’s Biopharma Manufacturing Facility in Vacaville, CA
Represent Genentech in the siting of its $750 million, three-phase biopharmaceutical manufacturing facility on 50 acres in the City of Vacaville, assisting in processing the necessary land use and environmental approvals, managing the environmental review under CEQA, and negotiating a development agreement with the City of Vacaville and the Redevelopment Agency. We also obtained authorization to fill in wetlands, mitigating for the endangered and threatened fairy and tadpole shrimp and negotiating a limited Swainson’s Hawk mitigation agreement with the City of Vacaville.
Gilead’s Headquarters Expansion
Obtained final approval from Foster City in connection with Gilead’s proposal to double the size of its headquarters/R&D campus. The city approvals included a new corporate campus master plan for the 40-acre campus, environmental impact report, rezoning for greater density and less parking, and a 20-year development agreement to protect Gilead’s rights under those approvals. Contemporaneously, Foster City agreed to transfer to Gilead roadways and water and wastewater facilities that run through the property, allowing Gilead to create a compact and unified campus. During this process, we also represented Gilead in its acquisition of Electronics For Imaging’s 30-acre corporate campus, which borders Gilead’s campus, including the transfer of EFI’s development entitlements for possible future Gilead expansion.
Global Photon Fiber Optic Cable Project
Represented Global Photon Inc. in lease negotiations with the State Lands Commission for a fiber optic cable to be laid down the coast of California from San Francisco to San Diego, including preparation of an environmental impact report. We also negotiated with the Coastal Commission, the Army Corps of Engineers, the State Lands Commission, and numerous local jurisdictions to secure the necessary permits and authorizations for the project. (2005)
Kauai Biomass Energy Project.
Represented the Aqua International Fund, an affiliate of the Texas Pacific Group, in the proposed development of a combined sugar cane plantation, ethanol production, and biomass electrical generation project on Kauai, including the structuring of the project, the acquisition of the land, facilities, and equipment, and coordination of permitting and contracting for the project. (2006)
Las Vegas Convention and Visitors Authority
Represented the Board of Directors of the Las Vegas Convention and Visitors Authority (LVCVA) in conducting an independent investigation into the circumstances of LVCVA’s ownership, use, and transfer of the famous mark WHAT HAPPENS HERE STAYS HERE and recommending changes to internal controls and governance. (2008)
Los Angeles International Airport (LAX)
Advised on the implementation of key elements of LAX’s multibillion-dollar Master Plan, including land use, environmental, California Coastal Commission, and other regulatory issues. (2006)
Lucasfilm, Ltd./ Letterman Digital Arts Center.
Represented Lucasfilm Ltd. in its successful development and operation of 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 federally chartered 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. (ongoing, 2009)
Luis Muñoz Marín International Airport (San Juan, Puerto Rico)
Advised a consortium of major airlines in negotiations with the Puerto Rico Ports Authority and Puerto Rico Public-Private Partnerships Authority in connection with the privatization of the San Juan Luis Muñoz Marín International Airport. Those negotiations led to a landmark $2.5 billion public-private partnership, consisting of a 40-year lease to operate and improve the airport, and 15-year use agreements with the major airlines operating at the airport. The deal closed in February 2013 after securing FAA approval. Luis Muñoz Marín International Airport is the first sizable airport privatized under a Federal Aviation Administration pilot program.
Reconstruction/Modernization of San Francisco Wastewater System
Served as special counsel to the City and County of San Francisco for the $2 billion reconstruction and modernization of its municipal sewage and stormwater collection, treatment, and disposal system, including drafting and securing adoption of legislation by the U.S. Congress to modify federal discharge requirements. (2007)
Rialto Biosolids Facility.
Advised EnerTech in the permitting and financing of an innovative waste-to-energy project, including securing agreements with municipalities for the acquisition of biomass from municipal refuse, facilitating a complex public/private financing for the facility, and advising on environmental issues. (2007)
San Diego County Regional Airport Authority
Served as counsel to the San Diego County Regional Airport Authority since its establishment. We advised the Authority on compliance with all state and federal laws relating to the establishment of the operation of the Authority, such as the Brown Act and the Political Reform Act, as well as California public contracting laws and public employment laws. We handled the transfer of the airport, its assets, personnel, and operations from the Port of San Diego to the Authority. We drafted new codes and policies to guide the new Authority’s activities, including its Disadvantaged Business Enterprise Program and related concession plan for SAN. In addition, we successfully resolved claims the Authority had inherited under construction contracts for the Quieter Homes Program. We continue to assist the Authority on a wide variety of matters, including its first Airport Master Plan and Environmental Impact Report on that Plan, both adopted in May 2008, and the construction of Terminal 2 West, as well as litigation with the exclusive FBO operator. (ongoing, 2009)
San Francisco International Airport Master Plan.
Served as special counsel for the San Francisco International Airport in its $2.4 billion comprehensive long-range Master Plan to expand its capacity by 40%. The project involved air quality, wastewater treatment, and noise issues; the construction of major transportation infrastructure; clean-up of contaminants spilled on the site; accommodation of wildlife habitat; negotiations with neighboring communities regarding the project’s social and economic effects; the successful defense of a major lawsuit brought to prevent the expansion; and the financing of project improvements. (2000)
San Francisco International Airport Runway Reconfiguration.
Advised San Francisco International Airport on possible reconfiguration of its runways, which encompassed a wide range of environmental, finance, and regulatory issues. These included issues related to permitting, wildlife habitat, contracts, relationships with local authorities, federal and state regulation of airport operations, public and private financing, and the impact of the improvements on neighboring communities. (2003)
Shorenstein Properties/SKS Investments Life Sciences Campus Project in South San Francisco
Represent a joint venture of Shorenstein Properties and SKS Investments in a public/private collaboration with the City of South San Francisco and its redevelopment agency to redevelop an outmoded business park, an adjacent reclaimed former municipal waste site for a $1.5 billion life sciences campus, upgraded Marina, and public park along San Francisco Bay in South San Francisco. We assisted in negotiating the property acquisition, public and private financing, environmental review, planning entitlements, and the infrastructure development.
Southwest Airlines Airport Midway Privatization
Advised Southwest Airlines, the leading carrier at Midway Airport, in negotiating the terms and conditions under which the airline would agree to the privatization of the airport by the City of Chicago, including a new 25-year Use Agreement for the airline’s lease and utilization of the airport after privatization, and the Concession Agreement under which a concessionaire/operator would be granted a 99-year lease of the entire airport. (2008)
USS- POSCO’s Pittsburg Steel Facility
Served as principal outside counsel to USS-POSCO Industries (a joint venture between U.S. Steel Corporation and Pohang Iron and Steel Company), which owns a large steel-finishing plant, located on the banks of the California Delta near San Francisco. We obtained federal, state, and local approval for a $500 million reconstruction and expansion project, the largest of its kind in California, including special regulatory consideration of innovative hazardous waste reduction processes, and favorable treatment for unique, state-of-the-art air emissions control technology for marine diesel engines. In addition, we defended against CEQA and other land use and environmental actions brought by unions challenging the project approvals. Despite these challenges, the project was completed on schedule. (2006)