Roderick E. Walston

Of Counsel

Walnut Creek
2001 N. Main Street
Suite 390

TEL: (925) 977-3304
Roderick.Walston@bbklaw.com

Roderick E. Walston is Of Counsel in Best Best & Krieger’s Litigation Practice Group in the Walnut Creek office. He specializes in natural resources and environmental law, and in appellate practice. Mr. Walston has served both as a litigator for state regulatory agencies and as a manager of litigation for federal and state agencies. He has particular expertise in water rights and water quality laws, and on issues arising under various federal and state environmental statutes such as the Clean Water Act and the Endangered Species Act.

Mr. Walston has argued several cases in the U.S. Supreme Court and other federal and state appellate courts addressing natural resources and environmental issues, including cases involving the applicability of state laws to federal reclamation projects, the applicability of the public trust doctrine in the water rights context, the applicability of state laws to federal agencies under the Clean Water Act, the applicability of state laws to federally-licensed hydropower projects, and the scope of the Army corps of Engineers’ regulatory authority over navigable waters. His range of litigation and management experience extends to many other natural resources and environmental matters.

As a high-level government attorney and commentator, Mr. Walston has acquired broad experience regarding the enforcement of federal and state regulatory programs. He has also acquired knowledge concerning constitutional issues arising in the natural resources and environmental fields, including the scope of the federal government’s authority to regulate interstate commerce and the right of property owners to obtain compensation for excessive government regulation of their rights.

Mr. Walston received the United States Supreme Court “Best Brief Award” from the National Association of Attorneys General in 1997 (for brief submitted in Bennet v. Spear, 520 U.S. 154), and received the “Public Lawyer of the Year Award” from the California State Bar in 2004. He is currently listed in “Who’s Who in America,” “Who’s Who in the World” and “Who’s Who in American Law.”  He is on The Best Lawyers in America(R) 2008 list for water law.

Mr. Walston’s past experience includes serving as Deputy Solicitor/Acting Solicitor of the U.S. Department of the Interior (2002-2004); General Counsel of the Metropolitan Water District of Southern California (2000-2002); Special Counsel of the California Attorney General’s Office (1999-2000); Chief Assistant Attorney General of the Public Rights Division, State of California (1991-1999); and Deputy Attorney General of the State of California (1963-1991).

Mr. Walston received his Juris Doctorate from Stanford Law School in 1961, where he served as Editor for the Stanford Law Review. He graduated cum laude from Columbia University where he received a Bachelor of Art degree in 1958. Mr. Walston attended Boise Jr. College and served as Student Body President in 1956. He is admitted to practice in the State of California and is a member of the Bar for the U.S. Supreme Court, California Supreme Court, U.S. Court of Appeals, Ninth Circuit and District of Columbia Circuit.

Representative Cases:

• California v. United States, 438 U.S. 645 (1978) (U.S. Supreme Court held that federal agencies must comply with state water laws in operating federal reclamation projects)
• California v. Sierra Club, 451 U.S. 287 (1981) (U.S. Supreme Court held that private parties cannot enforce Rivers and Harbors Act of 1899)
• California v. Federal Energy Regulatory Commission, 495 U.S. 490 (1990) (U.S. Supreme Court held that federally-licensed hydropower projects are not subject to state regulatory water laws)
• California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987) (U.S. Supreme Court held that states cannot apply civil regulatory laws on Indian reservations and therefore cannot regulate on-reservation tribal gambling operations)
• California v. Texas, et al., 450 U.S. 977 (1981) (U.S. Supreme Court issued temporary restraining order preventing Texas and other states from imposing embargo against fruits and vegetables imported from California as result of infestation of Mediterranean fruit fly)
• Environmental Protection Agency v. California, 426 U.S. 200 (1976) (U.S. Supreme Court held that federal agencies are not required to comply with state permit requirements under Clean Water Act)
• National Audubon Society v. Superior Court, 33 Cal.3d 419 (1983) (California Supreme Court held that public trust doctrine applies to water rights, and state has right to modify past water rights decisions affecting Mono Lake to protect public trust values)
• United States v. California (Hallett Creek), 44 Cal.3d 448 (1988) (California Supreme Court held that federal government has riparian water rights under California law)
• United States v. California, 694 F.2d 1171 (9th Cir. 1982) (Ninth Circuit held that state conditions applied to federal New Melones Project are not inconsistent with congressional directives and thus are valid)
• National Audubon Society v. Department of Water and Power, 869 F.2d 1196 (9th Cir. 1988) (Ninth Circuit held that no federal common law applies to water pollution or air pollution, and therefore that water diversions authorized under state law are governed exclusively by state law)

Representative Articles:

• "The Federal Commerce and Navigation Powers: Solid Waste Agency’s Undecided Constitutional Question," 42 Santa Clara L. Rev. 699 (2002)
• "The Constitution and Property: Due Process, Regulatory Takings and Judicial Takings," 2001 Utah L. Rev. 359 (2001)
• "Reborn Federalism in Western Water Law: The New Melones Dam Decision," 30 Hastings L. Jour. 1645 (1979), reprinted in 17 Pub. Land and Res. L. Digest 10 (1979)
• "Western Water Law," 1 Natural Res. & Env. 6 (Winter 1986) (American Bar Association publication)
• "The Public Trust and Water Rights: National Audubon Society v. Superior Court," 22 Land & Water L. Rev. 701 (1987)
• "The Public Trust Doctrine in the Water Rights Context: Wrong Environmental Remedy," 22 Santa Clara L. Rev. 63 (1982)
• "The Public Trust and Water Rights," 29 Nat. Res. Jour. 585 (1989)
• "Federal-State Water Relations in California: From Conflict to Cooperation," 19 Pac. L. Jour. 1299 (1988)

Offices & Memberships:

• American Bar Association: Council Member, Section on Environment, Energy and Resources (2003 - present)
• Chairman, Water Resources Committee (1988-1990)
• Co-founder and Chairman of ABA’s annual Water Resources Conference (1983-1991)
• Western States Water Council (California legal representative; gubernatorial appointee) (1985-2002)
• Association of California Water Agencies, Member, Legal Affairs Committee (2000-2002)

Bar & Court Admissions

• California, 1962

Education

• JD, Stanford University Law School
• BA, Columbia University

Professional Affiliations

• American Bar Association: Council Member, Section on Environment, Energy and Resources