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DAVID MOSER, Esq.
McCutchen, Doyle, Brown & Enersen, LLP

Three Embarcadero Center

San Francisco, CA 94111
E-mail: dmoser@legalelite.com
Phone: 415-393-2000

Environmental - Wetlands & Endangered Species
Legal Elite
Index

1. Legal Experience

2. Honors and Associations

3. Courses Taught - Publications Authored (Partial List)

4. Current and Recent Projects (Partial List)

5. Samples of Endangered Species Act Projects

6. Education

1. Legal Experience

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.

 

2. Honors and Associations

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)

3. Courses Taught - Publications Authored (Partial List)

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)

4. Current and Recent Projects (Partial List)

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.

5. Samples of Endangered Species Act Projects

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.

6. Education

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