Contact:
Robert L. Falk
Morrison & Foerster is at the cutting edge of developments in state and federal regulations regarding wetlands and endangered
species, as well as other aspects of natural resources law.
Morrison & Foerster has unparalleled experience in all facets 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.
Representative Matters
River Islands Levee Modification Project. We are assisting River Islands LLC in the environmental review and approval of a significant levee modification project
intended to bring 200-year flood protection to a 6,000-acre island in the San Joaquin Delta. The River Islands Levee Modification
Project implicates the variety of state and federal agencies involved in delta protection efforts. Our responsibilities include
advising in the NEPA review, managing the permit and approval processes of the U.S. Army Corps of Engineers, and assisting
in the ongoing consultation efforts with the U.S. Fish and Wildlife Service, the NOAA Fisheries, and the California Department
of Water Resources and State Reclamation Board.
University of California. We represent the University of California in its efforts to permit the development of a 2,000-acre university campus and
associated 2,000-acre "campus community" in Merced County, California (UC Merced). Our responsibilities include preparation
and negotiation of the "LEDPA" analysis under the 404(b)(1) Guidelines; assisting in the NEPA review of the requested Corps
of Engineers permit; leading negotiations with the U.S. Fish and Wildlife Service under Section 7 of the ESA; and negotiating
a comprehensive mitigation package to offset the impacts of this development project. In addition to our work on UC Merced,
we assist the University of California with state and federal permitting efforts arising in connection with a variety of its
other facilities, including its campuses at Santa Cruz and Davis (where we are assisting in the preparation of habitat conservation
plans).
Natomas Basin Habitat Conservation Plan (City of Sacramento and Sutter County). The Natomas Basin Habitat Conservation Plan ("NBHCP") covers approximately 53,000 acres located in Sacramento and Sutter
counties. For the last several years we have assisted the City of Sacramento in defending state and federal court challenges
brought against the NBHCP by the National Wildlife Federation and others. This has resulted in the promulgation of new standards
applicable to HCPs. Subsequent to the initial phase of litigation, we assisted the City of Sacramento and Sutter County in
revising the NBHCP to respond to these standards, and in preparing a joint EIR/EIS to evaluate the associated environmental
impacts. Having prevailed in the CEQA challenge to this HCP, we are now representing the City in the latest round of federal
litigation.
Coyote Valley Specific Plan. We are representing the City of San Jose in the environmental review and permitting of the proposed Coyote Valley Specific
Plan, the largest development project now pending in the San Francisco Bay Area. As proposed, the Coyote Valley development
would accommodate 25,000 homes and 50,000 jobs on thousands of acres in southern San Jose. We are assisting in the preparation
of the environmental impact report for this project, and leading efforts to secure all state and federal permits required
for the restoration of Fisher Creek, the fill of agriculturally-impacted wetlands and the incidental take of a variety of
federally-listed species. We are also advising the City with respect to its relationship to the pending Santa Clara County
Habitat Conservation Plan and Natural Communities Conservation Plan.
Pacific Gas and Electric. We are advising PG&E in a variety of state and federal permitting efforts arising in connection with the construction, operation
and maintenance of its facilities around Northern California. Our responsibilities include handling all legal aspects associated
with the preparation of a comprehensive habitat conservation plan (HCP) covering all of PG&E’s activities in the nine-county
Bay Area, and in connection with the processing of a PG&E-sponsored HCP for its operations in the Central Valley.
