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Environmental
- Wetlands & Endangered Species
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Legal
Elite
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| 1.
Legal Experience |
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Chair of the
firm's natural resources practice at in San Francisco, and specializes
in Endangered Species Act matters.
Army Corps of
Engineers, Fish and Wildlife Service, Bureau of Indian Affairs,
Bureau of Land Management, Office of Surface Mining) and state (CalEPA,
State Water Resources Control Board, Regional Water Quality Control
Board, Department of Toxic Substances Control, Department of Fish
and Game) regulatory agencies. Extensive Endangered Species Act
experience, both state and federal, including incidental take permitting.
Clients include manufacturers, property developers, mining companies
and local governments, both in California and throughout the western
states.
Hillis, Cairncross,
Clark and Martin (Seattle Office; 1985 - 1987)
Associate
in land use and environmental practice. Counseling and litigation
on land use, environmental and natural resources matters for
property development clients.
U.S. Department
of Justice (Washington, D.C.; Summer 1984)
Summer associate
in Lands and Natural Resources Division, Environmental Enforcement
Section. Prosecution of enforcement actions initiated by U.S.
Environmental Protection Agency involving water pollution and
hazardous waste.
U.S. Environmental
Protection Agency (San Francisco; 1981 - 1982)
Environmental
protection specialist in EPA Region IX’s Enforcement Division.
Worked in conjunction with Regional Counsel staff on enforcement
actions involving water pollution and hazardous waste. Headed
first criminal investigation to lead to a conviction in Region
IX.
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2.
Honors and Associations
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Member, American
Bar Association, Standing Committee on Environmental Law
Member,
appointed by ABA President (1990 - 1993)
Liaison
member on behalf of International Bar Association (1993 - Present)
Member, American
Bar Association, Section of Natural Resources, Energy & Environmental
Law
Member, International
Bar Association
Environmental
Law Committee (1993 - Present)
California Mining
Association
Member,
Environment Committee (1993 - Present)
Legal
Lead, Fish and Wildlife Subcommittee (1994 - Present)
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3.
Courses Taught - Publications Authored (Partial List)
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Business Development
Associates
Speaker,
Environmental Regulation Course, San Diego, California (1994)
California Mining
Association
Speaker,
Annual Meeting, Newport Beach, California (1996)
Moderator,
Annual Meeting, Squaw Valley, California (1997)
Speaker,
Annual Meeting, Squaw Valley, California (1999)
CLE International
Chair, California
Wetlands Conference, San Francisco (1994, 1995)
Chair, Endangered
Species Act Conference, Sacramento (1995)
Speaker,
Endangered Species Act Conference, Denver (1996)
Speaker,
Endangered Species Act Conference, Phoenix (1997, 1998)
Speaker,
Endangered Species Act Conference, San Francisco (1997, 1998)
Speaker,
Endangered Species Act Conference, San Diego (1998)
Speaker,
Land Use Conference, Los Angeles (1998)
Government
Institutes
Speaker,
International Environmental Law and Regulations Conference (1993)
Speaker,
Advanced Environmental Law Course (1993, 1997)
ABA Standing
Committee on Environmental Law, International Programs
Conference
Organizer, Presenter: "Environmental Priorities in Southeast
Asian Nations," Bangkok, Thailand (1996)
Conference
Organizer: "Trade and the Environment in Pacific Rim Nations"Hong
Kong (1993)
Conference
Organizer, Presenter: "Environmental Regulation in Pacific
Rim Nations" Hong
Kong (1991)
International
Bar Association
Organizer
and Presenter: Biennial Environmental Law Seminar, Honolulu (1996)
Speaker,
Annual Meeting, Melbourne, Australia (1994)
University of
California Extension
Instructor,
Endangered Species Act course (1999)
Speaker,
Habitat Conservation Planning Conference (1999)
California Land
Use & Planning Law (Nineteenth Edition, 1999)
Author,
Chapters on Wetlands and Endangered Species
Environmental
Liability, Enforcement and Penalties Reporter
"Environmental
Crimes: More Frequent Prosecutions, Broader Notions of Liability,
and Avoiding Them Both" (1993)
Land Use &
Environment Forum
"Ecosystem
Management: Keys to Designing and Implementing Multi-Species
Habitat and Open Space Conservation Plans" (1995)
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4.
Current and Recent Projects (Partial List)
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Presidio
Trust: Outside counsel for the Presidio Trust, a federal government
corporation created by Congress in late 1996 to manage 80% of the
Presidio of San Francisco - one of the oldest military posts in
the country. Congress has charged the Trust with converting the
Presidio to civilian use, and through rehabilitation and leasing
of Presidio facilities to become financially self-sufficient within
fifteen years. Negotiated landmark environmental remediation agreement
with U.S. Army. Counseling on National Environmental Policy Act,
Endangered Species Act, and other federal and state environmental
law issues.
City of San
Diego, Multiple Species Conservation Program: Represented City
in the development of the largest multiple species, multi-jurisdiction
habitat conservation plan in the country, pursuant to the state
and federal Endangered Species Acts and the California Natural Communities
Conservation Planning Act. The MSCP encompasses 900 square miles
of southern San Diego County, and provides protection for approximately
90 species of animals and plants, through the establishment of linked
preserve areas. In turn, the City and other participating jurisdictions
receive incidental take authority which will allow areas outside
of the preserves to be developed without any species-related restrictions.
Project involved negotiations with U.S. Fish and Wildlife Service,
California Department of Fish and Game, other local jurisdictions,
property owners, and environmental interests, and drafting of Implementing
Agreements. Application approved and permits received in July, 1997.
University
of California, Merced: Representation of University of California
in connection with the construction of the first new U.C. campus
in 40 years. Complex endangered species, wetland and vernal pool
permitting issues. Joint regional habitat conservation planning
process with County of Merced.
Hanson Aggregates
West: Defense of Clean Water Act citizen suit involving the
discharge of wastewater. Preparation of Habitat Conservation Plan
under federal Endangered Species Act for mining operation in Santa
Cruz Mountains.
City of Carlsbad:
Development of Habitat Management Plan, a multiple species habitat
conservation plan under the state and federal Endangered Species
Acts and the California Natural Communities Conservation Planning
Act.
Amcoal Mine:
Represent owner of surface coal mine on Navajo lands in New Mexico.
Representation involves reclamation counseling, defense of administrative
enforcement actions brought by federal Office of Surface Mining,
appeals to Interior Board of Land Appeals, citizen group challenges,
and interaction and negotiation with the Navajo Nation and Bureau
of Indian Affairs.
Oil Field
on Navajo Reservation: Represent major oil company concerning
environmental issues associated with large oil production field
on Navajo Reservation in southeast Utah. Defense of environmental
enforcement actions brought by U.S. Environmental Protection Agency,
in conjunction with Navajo Nation Environmental Protection Agency.
The Estate
of James Campbell: Represent The Estate in environmental matters
associated with Hawaii properties, including Campbell Industrial
Park at Barbers Point, Oahu. Matters involve state and federal investigation
and enforcement actions involving industrial park tenants, property
transaction environmental due diligence, contaminated site remediations,
wetlands permitting.
City and
County of Honolulu: Represented City and County in multiple
Clean Water Act citizen suits filed by Sierra Club Legal Defense
Fund, involving several sewage treatment plants on Oahu. Also represented
City in related administrative permit proceedings before U.S. Environmental
Protection Agency.
Encapco,
Ltd.: Represent developer of new environmental remediation technology
in dealings with U.S. Environmental Protection Agency and multiple
state environmental agencies.
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| 5.
Samples of Endangered Species Act Projects |
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City of
San Diego: Lead counsel for City’s Multiple Species Conservation
Program (MSCP), and associated applications for incidental take
permits under both state and federal Endangered Species Acts (ESA)
and the state Natural Communities Conservation Planning Act (NCCP
Act). The MSCP is one of the largest multi-species habitat conservation
plans in the country, encompassing 900 square miles of land, eleven
other local government jurisdictions, and providing protection for
approximately 90 species of plants and animals. Drafted both Model
Implementing Agreement, and specific Implementing Agreement for
City of San Diego. Negotiated terms of the MSCP and Implementing
Agreements with U.S. Fish and Wildlife Service, California Department
of Fish and Game, property owners, and environmental groups. Approvals
obtained in July, 1997.
Other San
Diego County Projects: Counsel to multiple developers concerning
ESA permitting and regulatory issues. Ongoing.
City of Carlsbad,
CA: Counsel for City’s Habitat Management Plan, a multi-species
habitat conservation plan under both the state and federal ESA and
the state NCCP Act. Ongoing.
University
of California: Counsel to U.C. concerning endangered species,
wetlands and vernal pool regulatory and permitting issues associated
with construction of new campus near Merced. Permitting to be obtained
through a regional habitat conservation planning process with the
County of Merced. Ongoing.
Lower Colorado
River: Legal consultant to Colorado River Multiple Species Conservation
Program Steering Committee, which is developing a habitat conservation
plan for the Lower Colorado River. 1998, 1999.
San Bernardino
County, CA: Advised County and mining operator regarding January,
1998 emergency listing of San Bernardino kangaroo rat. Concluded.
Projects
in Riverside County, CA: Counsel to multiple land development
and mining clients concerning ESA regulatory and permitting issues
involving numerous species. Ongoing.
Hanson Aggregates:
Counsel for mining operator concerning ESA issues, including development
of habitat conservation plan and implementing agreement with U.S.
Fish & Wildlife Service. Ongoing.
Projects
in Santa Clara County, CA: Counsel for multiple development
clients concerning ESA permitting issues involving red-legged frog,
Bay checkerspot butterfly and other species. Work on ESA Section
7 consultation and Section 10 habitat conservation plan projects.
Ongoing.
Projects
in Alameda County, CA: Counsel for multiple developers, land
owners and the Port of Oakland concerning ESA issues. Ongoing.
Stanford
University: Counsel to University concerning California tiger
salamander, Bay checkerspot butterfly and other species under the
state and federal ESA and other state laws. Assistance with regulatory
and permitting issues. Ongoing.
California
Mining Association: Legal lead for CMA on all wetlands, fish
and wildlife issues, including all ESA issues. Advise CMA quarterly
of significant developments under both state and federal ESA. Representation
of Association before state and federal agencies. Ongoing.
Hawaii Projects:
Advise utility company on citizen suit alleging ESA violations.
Advise large ranch owner on ESA issues, including defense of citizen
suit and negotiations with U.S. Fish and Wildlife Service. Advise
several of state’s largest landowners on ESA issues. Ongoing.
Projects
in Palm Springs, CA: Counsel for multiple development clients
concerning Peninsular bighorn sheep issues under the ESA. Concluded
1998.
Imperial
County Projects: Counsel for two mining companies on Endangered
Species Act issues involving desert tortoise and other species,
and related Clean Water Act Section 404 issues. Concluded 1998.
Projects
in Contra Costa County, CA: Counsel for multiple developers
of large projects involving San Joaquin kit fox, red-legged frog,
and other species issues under the ESA. Advised City of Brentwood
on similar issues. Assistance with wetlands and species permitting.
Ongoing.
Projects
in San Mateo County, CA: Counseled property developer regarding
San Francisco garter snake and red-legged frog issues under federal
ESA. Concluded 1998.
Palmdale,
CA: Counsel to property developer on ESA issues concerning Mojave
ground squirrel. Negotiations with regulatory agency. Concluded
1996.
Projects
in Sacramento County, CA: Advise agricultural interests and
large property developer on state and federal ESA issues, and Natomas
Basin Habitat Conservation Plan. Concluded 1996.
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| 6.
Education |
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University
of Oregon, School of Law (J.D. 1985)
Member,
Order of the Coif (Top 10% of Class)
Certificates
of Completion in Environmental Law, and Ocean and Coastal Law
University
of California, Berkeley (B.S. 1981)
Conservation
of Natural Resource
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