Land Use, Environmental
& Natural Resources

Allen Matkins' Land Use, Environmental and Natural Resources ("LER") Practice Group consists of a firm-wide team of attorneys, government specialists and planners whose mission is to assist the firm's clients in navigating the myriad of federal, state and local legal requirements affecting the environment in order to develop and maximize the use of real property. Comprised of more than 40 professionals in the firm's five offices, the LER Practice Group has three subgroups specializing in Land Use, Environmental Law and Natural Resources. This organizational structure allows the firm to form special teams to respond to each client's specific needs and objectives in a tailored fashion.

As illustrated below, the firm has the experience and expertise required for effective representation in these frequently complex specialty practice areas. Whether the required service entails procurement of favorable land use entitlements (or defending them), preparation of defensible environmental assessments, litigation defense of regulatory enforcement actions or citizen suits, negotiation and documentation of important rights and obligations including, or essential resource rights, such as water, members of the Allen Matkins LER Practice Group are prepared to meet our clients' goals.

Land Use & Entitlement

Successful interaction with governmental agencies is often an essential aspect of any commercial or real estate venture. Allen Matkins' land use team counsels clients on a full spectrum of land use, entitlement and administrative law issues. We regularly appear before local, regional, state and federal agencies to obtain permits and approvals, including general plan and specific plan amendments, zone changes, development permits, subdivision approvals and related entitlements. We believe that an applicant's likelihood of success is determined by the relationship forged with administrative staff (and decisionmakers to the extent legally permissible) before the actual hearing. We tailor entitlement strategies to the particular priorities of our client - whether timing, likelihood of success or another factor. In developing an entitlement strategy, we take into account extralegal factors, the most obvious one of which is politics. Analysis of existing entitlements on a specific property, whether for a prospective buyer, lender or investor often serves as the baseline for the development of an entitlement strategy.

Every entitlement process is affected by compliance with the California Environmental Quality Act (CEQA) and/or the National Environmental Policy Act (NEPA) and Allen Matkins' attorneys have considerable expertise in this area. That expertise provides our attorneys with the foundation necessary to manage the consulting teams responsible for the preparation and implementation of environmental impact reports and studies. By cooperating with our experienced litigators and compliance practitioners in the creation of environmental impact reports and studies, we have been able to assist clients in minimizing the risks associated with the environmental review process. Additionally, the LER group includes lawyers quite familiar with the impact of development on legally protected resources, including endangered species and wetlands. We have routinely appeared before and have worked closely with the Army Corps of Engineers, the California Department of Fish and Game and the State Lands Commission, developing mitigation programs including the relocation of natural habitats and other measures to comply with local, state and federal environmental laws. Allen Matkins' land use team includes recognized experts on the Subdivision Map Act, the Endangered Species Act and structuring public/private partnerships, including redevelopment projects, who frequently address planning and legal organizations and universities on current developments, trends, and the implications of changes in the law. We are experienced with both the legislative process, and the electoral process, including the defense of project entitlements threatened by initiatives and referendums. We are frequently called upon to advise clients regarding the legal limitations on development exactions and fees.

Environmental Law

The Environmental team provides the firm's clients with comprehensive services under all federal, state and local pollution control laws, including laws addressing water and air pollution, solid and hazardous waste and pesticides. These services include compliance and preventative legal advice with respect to environmental permits, performance of audits and preparation of due diligence investigations in connection with mergers and acquisitions and real property transfers, and defense of federal and state enforcement actions, as well as citizen suits and prosecution and defense of cost recovery and contribution actions for contaminated property clean-ups and related damages. Our litigation attorneys represent clients in federal and state courts and in administrative proceedings before federal and state regulatory agencies.

The firm's attorneys have also worked with governmental agencies to obtain prospective purchaser agreements on behalf of the firm's clients. We have worked on all types of transactions and bring extensive experience in structuring transactions that are financeable and projects that are marketable.
This group has also distinguished itself as one of the most respected legal teams in counseling and defending clients under California's Proposition 65. The group has successfully tried several cases and achieved many favorable settlements. We are also assist clients in handling and pro-actively managing claims for water damage and mold, in implementing preventative operations and maintenance programs, in pursuing coverage under existing insurance policies for these claims and in procuring mold coverage under new insurance policies.

Our environmental attorneys work closely with the real estate group to include provisions in purchase, sale, leasing and financing documents to appropriately address hazardous materials issues.

The group also assists lenders and receivers in analyzing real property collateral, including negotiating appropriate provisions in loan documents, procuring environmental insurance, exercising rights of foreclosure and disposing of environmentally impaired properties.

Redevelopment

Allen Matkins' land use and environmental lawyers have extensive expertise in all aspects of redevelopment from military base closures to affordable housing. An active part of the environmental group's practice includes assistance in the conversion of former industrial properties, commonly known as Brownfields, to new industrial, commercial, retail or residential developments, as well as the intricacies of redevelopment under the state's Polanco Act. The environmental team's expertise in the complex field of environmental insurance, both from the standpoint of pursuing claims on behalf of clients as well as procuring newly developing policies which facilitate the risk allocation process is of enormous assistance in structuring these complex redevelopment deals. Our attorneys have worked with all of the major environmental insurance carriers and brokers to procure manuscripted environmental insurance policies for our developer and lender clients. We negotiate legal liability, cost cap, contractor's pollution and secured creditor and policies have developed a reputation of excellence in the area. On the land use side, our lawyers are extremely adept at finding creative ways to entitle and finance projects in redevelopment project areas, and are well known for their expertise in structuring public/private partnerships and tapping into funding sources at the federal, state and local levels.

Litigation

On the litigation front, the firm's trial lawyers have extensive experience representing major corporations, property owners and developers in a broad range of federal, state, and private suits. Unlike many other land use and environmental attorneys, our litigation group regularly tries cases. This affords our clients a tremendous advantage because our reputation as excellent trial lawyers often leads opposing parties to settle on very favorable terms. The firm's extensive background and experience in land use and environmental matters gives our litigators the necessary tools to successfully win cases for developers, manufacturers, and other business concerns. The firm's broad experience in dealing with community concerns and our in-depth knowledge of federal and state regulations under CEQA, the State Water Resources Control Board, the U.S. and California Environmental Protection Agencies (EPA), and other governmental entities is invaluable in prosecuting and defending against a variety of land use related court actions.

Newsletters

The following are publications authored by the attorneys of Allen Matkins.

Online Resources

Land Use Navigators - An online resource on California Land Use issues including links to government and industry sites, helpful articles, and land use books.