Contact:
Robert L. Falk
Morrison & Foerster has one of California’s premier land use and natural resources practices. With more than 35 lawyers in
seven offices across the state, our Land Use and Natural Resource Group has been instrumental in the development of some of
California’s most important private and public development projects.
Our objective is to streamline and facilitate the permitting, development and financing of projects, as well as to resolve
disputes and defend our clients’ interests. Our approach is practical, and our role is clear: To leverage our experience
to meet the goals of clients who encounter land use, natural resource or environmental impact issues in the process of planning
and developing private and public projects.
Land Use and Development
Our land use and development practice encompasses all aspects of the permitting, development and construction of large-scale
master-planned communities; hospitals; hotels and office buildings; universities; telecommunications facilities; airports
and other public infrastructure projects; industrial facilities for manufacturing, energy production and other uses; and in
the redevelopment and reuse of military bases. We have a broad base of experience with general and specific plans; development
agreements; subdivision approvals; infrastructure finance and development; and other California laws affecting the use and
development of real property.
Natural Resource Law
Morrison & Foerster is at the cutting edge of developments in state and federal natural resource regulation. Our lawyers
have unparalleled experience in all aspects of this fast-changing field, including wetlands regulation under Section 404 of
the Clean Water Act; endangered species protection under the California and Federal Endangered Species Acts (Section 7, HCP/NCCPs,
conservation banking and ESA litigation); the National Environmental Policy Act (NEPA); water law (water rights, water transfers,
stormwater regulation, reclamation projects, water recycling and disposal); public lands law; and state and federal laws governing
the agricultural, mining, timber and energy industries. Environmental Law
We advise clients throughout California, the United States and internationally on matters involving environmental compliance,
enforcement and litigation. We appear regularly before specialized federal agencies such as the US EPA, and state agencies,
such as the Bay Area Air Quality Management District, Regional Water Quality Control Boards, State Water Resources Control
Board and the Department of Toxic Substance Control. We have detailed expertise in clean air, clean water, contaminated site
and remediation issues, Proposition 65 and the full panoply of environmental laws that apply to those issues.
CEQA and NEPA
We are recognized experts in environmental impact review pursuant to the California Environmental Quality Act and the National
Environmental Policy Act. We regularly advise businesses and public agencies in complying with environmental impact review
requirements, in developing the best strategy to minimize litigation risks, and in defending adopted environmental impact
reports, environmental impact statements, FONSIs and negative declarations. We have assisted in CEQA and NEPA compliance
throughout the state, from the coastal zone to the desert, for urban projects, for suburban developments and for various projects
in the valley, foothill and mountain regions.
Water Rights and Transactions
Morrison & Foerster has a strong and respected water practice. From the early days of the National Audubon (Mono Lake) litigation,
and as the practice of water law has grown in sophistication over the last twenty years, our lawyers consistently have been
at the forefront of water issues throughout the State of California. We regularly advise water districts, irrigation districts,
cities and counties, universities, developers, industrial concerns, agricultural interests, Indian tribes and environmental
groups in all aspects of water law. Our responsibilities include water rights permitting, water transfers, conjunctive use
arrangements, wastewater treatment and reuse, urban water management planning, water supply/demand evaluations under SB 610
and SB 221, infrastructure development and finance, and all other matters associated with the development, use, management
and transfer of water resources.
Public Projects
We represent a number of state and local agencies in the financing, permitting, environmental review and development of large
infrastructure projects or public facilities. These include airports, universities, water and wastewater treatment and distribution
facilities, energy generation and transmission facilities, military base conversions, freeway projects and others. Our clients
include cities and counties (City of Sacramento, Alameda County), water districts (Santa Clara Valley Water District), park
districts (EBRPD), airports and port authorities (San Francisco International Airport, Port of Los Angeles), educational institutions
(the University of California) and the State of California itself.
Redevelopment and Base Reuse
We commonly represent private developers and public agencies in their efforts to redevelop urban properties, including high-density
infill projects and base reuse and other types of brownfield projects. We have a broad base of experience in redevelopment
law, housing law, statutes affecting base reuse and development (the BRAC legislation), and the environmental laws relevant
to these endeavors.
Litigation
Our lawyers litigate land use and environmental impact issues in federal court and all levels of California state courts.
We represented the public agency in the California Supreme Court’s 2001 decision regarding CEQA and land use ballot measures.
We have defended projects such as affordable housing, developments, master plans to communities, new retail centers and major
public projects and infrastructure expansions. We have represented clients in CEQA and land use cases in superior courts
and courts of appeal throughout California.
Ballot Measures and Political Law
We regularly advise clients regarding land use and growth control measures proposed for city and county ballots. We draft
proposed ballot measures, and also defend and challenge ballot measures in court. We provide related political advice on
issues such as contributions committees, ballot arguments and conflicts of interest. We regularly advise clients on ballot
measures relating to growth control as well as measures aimed at promoting or stopping particular projects.
Energy
We assist a wide variety of energy providers in the development, financing and approval of energy facilities and infrastructure.
Our attorneys appear before the California Energy Commission and the California Public Utilities Commission, as well as the
Federal Energy Regulatory Commission and other state and federal agencies. We advise clients in all aspects of the approval
process, and when necessary appear in state and federal courts to compel permit and project approvals, and to defend approvals
against legal challenges. We also counsel energy clients on interconnection issues, energy pricing and contracts, the impacts
of the partially deregulated marketplace and the growing trend toward regional transmission organizations.
