Almost every project entitlement process in California raises concerns regarding compliance with the California Environmental Quality Act (CEQA) and/or the National Environmental Policy Act (NEPA).
Allen Matkins advises, counsels and represents clients with respect to all aspects of these statutes, guiding clients through the entire CEQA and NEPA processes. This includes helping clients:
-
Select the appropriate avenue for compliance in
-
Identifying exemptions
-
Overseeing the preparation of negative declarations
-
Arguing for Findings of No Significant Impact (FONSI)
-
Prepare environmental impact reports, environmental impact statements, and other compliance documents
-
Prepare “bullet-proof” environmental documents
-
Select and implement appropriate environmental mitigation measures
-
We also represent clients in court in the event of a challenge to CEQA and NEPA compliance.
Our attorneys track regulatory climate surrounding CEQA and NEPA and work with clients in dealing with community concerns relating to the environmental and political aspects of projects. This frequently enables our clients to avoid controversy and litigation.
EXPERIENCE
- Residential Developer. Represented the developer of a 100-acre residential project on CEQA compliance and general plan, specific plan, master plan, and rezoning matters.
- International Retail Chain. Secured approval of the first Northern California store for this international chain. This joint planning and redevelopment process involved extensive CEQA, planning and Map Act work. Processed entitlements and recently drafted successful ballot measure (pro-store initiative) regarding subsequent stores in the area.
- Residential Developer. Represented the developer of 1,600-acre wetlands restoration and residential development project. Key tasks included CEQA and NEPA compliance, negotiation of a development agreement, California Coastal Commission approval, state wetlands and endangered species issues, specific plans and local coastal programs, negotiation of park and open space dedications, and assistance in litigation defense relating to CEQA and Coastal Act compliance.
- Technology Company. Represented technology company with respect to negotiation of 40-year lease of more than 40 acres of unimproved land and the entitlement of up to 1.2 million square feet of offices and research and development facilities. We provided strategic advice regarding NEPA and CEQA compliance and assisted in-house counsel in managing the legal team and interfacing with the business team.
- Water District. Represented City Attorney and Planning Staff on CEQA compliance for City as Lead Agency for 50 MGD desalination facility to be co-located with an existing power plant. Advise client on permitting issues for desalination facility; represent client in public hearings before State agencies. Represent client in litigation over issuance of permits for the desalination facility. Dispute concerns entrainment/impingement of marine life due to ocean water intake for the facility, water quality impacts of brine disposal and greenhouse gas emissions.
- Beverage Manufacturer. Represented beverage manufacturer with possible land exchange of conservation/habitat land with a Southern California county involving 960-acre property. Work includes coordinating biologists, counseling on MSHCP and CEQA requirements, negotiations with U.S. Fish & Wildlife Service, the California Department of Fish and Wildlife, the U.S. Army Corps of Engineers and with environmental groups.
- Homebuilder. Represented national home builder in various communities; representation includes ensuring CEQA compliance, planning and zoning issues, processing annexations drafting development agreements, processing subdivision maps, drafting improvement agreements, Williamson Act issues, and fee disputes.
- Developer. Represented developer as land use and CEQA counsel for the development of Lost Canyons in Simi Valley which, among other things, includes the redevelopment of an existing golf course into luxury homes.
- Developer. Represented developer in CEQA and entitlements counseling and draft and negotiate infrastructure and reimbursement agreements throughout Southern California.
- Real Estate Trust. Represented real estate trust in environmental permitting on extensive holdings in the Southern California. Entitlements obtained or sought to be obtained involve more than 10 million square feet of new industrial space. Our work includes MSHCP and CEQA counseling, coordination and supervision of biologists' and jurisdictional waters delineators' work product, and California Surface Mining and Reclamation Act (SMARA) counseling in connection with the trust's attempts to exploit mineral resources on one of its project sites. We also are providing counseling on green building and sustainable development regulations and Southern California Edison's Solar Initiative.
- Developer. Represented the developer of a 900-acre master-planned community on local, state and federal regulatory permit issues including a specific plan amendment, CEQA compliance, water supply, 401 and 404 permit issues, endangered species consultations, and cultural and archeological issues.
- Developer. Represented developer in a 500-acre in-fill multi-use project in California. We oversaw all aspects of securing entitlements, including the EIR formulation, submission, comments and eventual approval. Thereafter, two parties filed CEQA lawsuits and we represented the developer in those CEQA lawsuits. After full briefing, all the litigation was resolved successfully.
- Homebuilder. Represented homebuilder in obtaining entitlements from the various resource agencies a project in Southern California, consisting of approximately 800 homes. Also provided MSHCP and CEQA counseling for the project.
- Land Developer. Represented land developer in providing MSHCP and CEQA compliance for land developer's extensive holdings in Southern California. Also assisting in obtaining environmental permits.
- Joint Venture. Represented a joint venture comprised of a developer and a university endowment fund to acquire, plan and develop 248 acres in California, and to develop 1,050 single-family homes. Procurement of the land and obtaining the entitlements for the project has required more than 60 community meetings and more than 22 public governmental meetings with various agencies, and more than 60 meetings with members of the local community.
- Developer. Represented the developer of a 600+ acre commercial/industrial project on local planning issues, CEQA compliance, endangered species issues, development agreements, implementation of major road and other infrastructure programs, subdivision map issues, transition into city jurisdiction, assignment and assumption agreements, and CEQA litigation.
- Developer. Represented the developer of a 200-acre commercial/industrial park on CEQA compliance, state and federal wetlands and endangered species issues, general plan amendments and specific plans, redevelopment issues, and regional transportation issues.
- Property Owners. Represented group of owners seeking annexation to a Northern California city and the development of their properties. Critical legal issues/tasks involved included Supplemental Environmental Impact Report, Williamson Act, new Local Agency Formation Commission (LAFCO) law and Measure D (slow-growth initiative adopted by Alameda County electorate), two CEQA lawsuits and one LAFCO lawsuit; and Development Agreements.
- Water Utility. Represented investor-owned water utility on permitting and CEQA compliance for a new long term water supply for the Monterey Peninsula comprising a 25 to 50 MGD desalination plant and aquifer storage and recovery (ASR). The Proposed Project co-locates the desalination facility with an existing power plant. Represented client in litigation filed to oppose the issuance of Coastal Development Permit for the pilot plant.
- Developer. Represented the developer of a 3,700-acre mixed-use military base reuse project on due diligence, CEQA compliance, general plan, specific plan and zoning issues, subdivision map processing, wetland and water quality issues, state and federal endangered species issues, hazardous waste remediation, and affordable housing strategy.
- Developer. Represented developer of 600-acre master-planned community in Southern California on local, state and federal regulatory permitting and entitlement issues including annexation, mining, MSHCP compliance, CEQA, wetlands permitting, planning and zoning and other related matters.
- Developers. Represented developers on the processing and approval of a master development, facilities improvement, and conservation plan project on 6,660 acres. Project includes flood control facilities, five separate residential/commercial development projects on 3,000 acres, a set-aside conservation area, CEQA compliance, wetlands permitting and endangered species issues.
- Real Estate Trust. Represented real estate trust in environmental permitting on client’s holdings in Southern California. Our work includes multi-species habitat conservation plans (MSHCP), CEQA counseling, coordination and supervision of biologists' and jurisdictional waters delineators' work product, and advice regarding the California Surface Mining and Reclamation Act (SMARA).
- Power Utility. Represented power utility in CEQA aspects of development of regulations governing equitable distribution of water within the utility's service area.
- Power Utility. Represented power utility from 1998 through the present regarding environmental compliance and permitting for the transfer of up to 300,000 acre feet per year of conserved Colorado River Water (historically used for agricultural irrigation) to urban users. This work included developing a large-scale A Habitat Conservation Plan (HCP), obtaining incidental take authorizations for the water transfers pursuant to ESA Section 10 and CFGC Section 2835, and the California Natural Communities Conservation Plan (NCCP) Act. This process has involved complex issues under NEPA and the California Environmental Quality Act (CEQA), and extensive negotiations with the U.S. Fish & Wildlife Service and the California Department of Fish and Wildlife.
- Developer. Represented developer in environmental review process, including preparation of an environmental impact report, for a major mixed use development.
- Renewable Energy Developer. Represented renewable energy client in developing wind farm facility in California's Central Valley.
- Developer. Represented developer of mixed use project in Southern California in successfully obtaining entitlements for a 385-unit apartment and retail project.
- Developer. Represented developer in environmental review process, including preparation of an environmental impact report.
Related Services
