Legal Alerts Aug 20, 2019
California Supreme Court Clarifies CEQA’s Most Fundamental Question: What is a “Project?”
Union of Medical Marijuana Patients, Inc. v. City of San Diego
Environmental Litigation
Environmental litigation is particularly complex and can take the form of short-term administrative or writ proceedings or longer-term litigation and appeals. There is an interplay between state and federal laws and regulations, policy considerations and a variety of competing interests. Results can have widespread, long-term implications for future development projects and entire communities.
Best Best & Krieger LLP maintains a large focused Environmental Litigation practice, with nearly 25 percent of our attorneys regularly handling all phases of trial and appellate proceedings. Our environmental litigators are among the most highly qualified and experienced in the nation and have represented clients in many of the nation’s and California’s most significant and contentious matters. Often, these are precedent-setting and high-stakes disputes. BB&K attorneys have an excellent record of favorably resolving multi-party and multi-district environmental challenges and citizens’ suits in federal and state courts.
Our environmental attorneys also resolve matters beyond the courtroom through arbitration, mediation and negotiated settlements, and we have extensive experience representing public and private clients in investigations and enforcement actions and hearings before federal, state and local regulatory agencies including:
- The Environmental Protection Agency
- The California Public Utilities Commission
- Air quality management districts
- Departments of public health
- State and regional water resources control boards
- The Department of Toxic Substances Control
- Land use and zoning authorities
Unrivaled Depth & Breadth
Our team has the necessary combination of scientific knowledge, regulatory experience and litigation skill, plus broad-based experience representing clients from a wide variety of industries. These include agri-business, energy, chemical, health care, manufacturing, pharmaceutical and transportation. We represent public entities, cities, water and other special districts and utilities. This breadth of experience provides us with insights into the perspectives of the various players. We know the challenges and how to work around them and, through decades of handling environmental matters, we have established an outstanding reputation with judges and good working relationships with regulators, which means that our clients are in the best possible position to get their issues resolved.
Comprehensive Service
We have effectively resolved a wide array of challenges involving:
- The California Environmental Quality Act
- The National Environmental Policy Act
- Air quality
- Clean Water Act, wetlands, water quality and supply
- Hazardous materials
- Endangered species
- Zoning, land use, easements, entitlements and permitting issues
- Renewable energy
- Regulatory approvals
- Natural resource damage/property damage claims
- Insurance coverage disputes
As counsel to public agencies that collectively provide water to more than two-thirds of California’s population, we have brokered water rights disputes between states and have developed water policies internationally.
Our Approach
Our litigation teams are appropriately staffed with litigators and paralegal support, and are structured to deliver cost-efficient, effective legal solutions based on each client’s specific needs and goals. Further, we employ the latest technologies to streamline document review, efficiently manage litigation and enhance the presentation of evidence in court.
Representing clients in and out of court, we have litigators fighting the lawsuit, former members of the media helping to communicate our clients’ messages and legislative advocates conveying our clients’ position to legislators and agency officials.
- Successfully defended the Santa Margarita Water District against six separate lawsuits all challenging the District’s approval of the Cadiz Project under CEQA, which would secure an annual average of 50,000 acre-feet of water, over 50 years, for delivery to SMWD and other water users in Southern California. Following weeks of oral argument, the trial court rejected every one of the petitions and upheld the SMWD’s approvals. (Tetra v. Santa Margarita Water District, Orange County Superior Court, Case No. 30-2012-00576715; et al.)
- In the Consolidated Delta Smelt Cases, 747 F.3d 581 (9th Cir. 2014), successfully litigated the State Water Contractors’ challenge against the federal government for failing to perform any NEPA review prior to approval and implementation of a biological opinion with drastic water supply impacts.
- Successfully defended the Coachella Valley Water District in the Quantification Settlement Agreement litigation, obtaining a ruling from the U.S. Ninth Circuit Court of Appeals that the environmental review performed under the National Environmental Policy Act and Clean Air Act for the Colorado River Water Delivery Agreement were valid. (People of the State of California Ex Rel. Imperial County Air Pollution Control District, et al. v. U.S. Department of the Interior, et al., U.S. District Court, Case No. 09-02233.) Also successfully defended the Coachella Valley Water District in the related state action.
- Successfully defended the City of Riverside’s approval of the Riverside Transmission Reliability Project, an approximately 12-mile long transmission line that would introduce a section source of bulk power delivery to the City. Although the petitioner in the case alleged that the City’s EIR was inadequate, the trial court rejected the lawsuit in its entirety – upholding the City’s approvals. (City of Jurupa Valley v. City of Riverside, et al., Los Angeles County Superior Court, Case No. BS143085.)
- Successfully defended the City of Pasadena against a CEQA challenge to its approval of the Glenarm Power Plant Project, which would replace an outdated and inefficient steam turbine with a cleaner, more efficient and more reliable combined cycle turbine. (California Clean Energy Committee v. City of Pasadena; Los Angeles Superior Court, Case No. BS 142693.)
- Resolution of CEQA litigation involving the Perris Valley Line commuter rail project. Successfully negotiated the dismissal of the case, the resolution of all issues, and the preclusion of any appeal or federal litigation through a settlement process. (Friends of Riverside’s Hills v. Riverside County Transportation Commission et al., Riverside County Superior Court, Case No. RIC 1113896.)
- Resolution of two CEQA lawsuits filed by a local community group and the Attorney General of California regarding a warehouse development. Ultimately, the settlement fully resolved the CEQA claims before the administrative record was prepared or the briefs were written, thus avoiding substantial legal fees and delay. (Center for Community Action and Environmental Justice v. County of Riverside et al., Riverside County Superior Court Case No. RIC 1112063.)
- Successfully represented – at both the trial and appellate levels – the Riverside County Transportation Commission in an action before the Department of Toxic Substances Control involving the approval of a Remedial Action Plan related to property purchased for a regional transportation project.
- Represented the City of Colton in approximately 10 state and federal lawsuits spanning almost a decade. The cases recently settled with Colton recovering almost all of its damages, and the responsible parties agreeing to clean up the perchlorate contamination.
- Represented the City of Merced in case involving more than 2,200 plaintiffs claiming damages for toxic torts, and seeking injunctions under RCRA and the Clean Water Act. Merced settled for a relatively minor amount.
- Represented the County Los Angeles in administrative proceedings before the California Department of Toxic Substances Control regarding the BKK Landfill in Carson, Calif. Cost recovery involves numerous public agencies and private corporations, including the California Department of Transportation, which owns a portion of the former landfill and excavated waste for its construction of the San Diego (405) Freeway.
- Represented the City of Avalon in the cleanup of legacy contamination from a municipal gas plant before the DTSC.
- Represented the City of Ontario before the Regional Board Water Control Board regarding alleged contamination from its wastewater treatment plant and the Ontario International Airport.
Press Releases Aug 15, 2019
The Best Lawyers Recognizes 31 BB&K Attorneys on 2020 List
Including Seven Named as “Lawyer of the Year”
Legal Alerts Aug 09, 2019
PFAS Concerns Trigger Regulatory and Legal Responses
Federal and State Governments and Courts Concerned About Toxicity and Water Contamination
Event Jul 25, 2019
SGMA’s Next Phase
Sustainable Groundwater Planning in California
Legal Alerts Jul 09, 2019
Irrigation District May Refuse Water Delivery to Rule Violators
Calif. Appellate Court Decision May Also Apply to Other Types of Water Providers
Press Releases Jul 02, 2019
BB&K on 2019 Nor. Cal. Super Lawyers and Rising Stars Lists
Annual List Acknowledges Attorneys for Professional Achievements
Authored Articles & Publications May 22, 2019
Expert Witnesses: Effective Questioning
Litigator Scott Ditfurth Shares Best Practices in Riverside Lawyer
Authored Articles & Publications May 22, 2019
Rooms with a View: Cross-Examining Experts in Depositions
BB&K Partner Mark Easter Walks Us Through the House of Depositions in Riverside Lawyer Magazine
Authored Articles & Publications Apr 30, 2019
"California Water," Third Edition
Eric Garner’s Updates to Text on Historical, Legal and Policy Issues Affecting California Water Use
Press Releases Apr 24, 2019
BB&K’s Christi Hogin and Andre Monette Honored for Amicus Work by IMLA
The Attorneys Argued About Short-Term Rentals and the Clean Water Act in the Ninth Circuit
Client Successes Apr 24, 2019
Tribe Lacks Standing in Water Suit
Representing Desert Water Agency, BB&K Attorneys Won Partial Dismissal of Case
Press Releases Apr 02, 2019
BB&K a Top Litigation Firm in Sacramento
Sacramento Business Journal Also Gives High Rank for Women Attorney Numbers
Event Mar 25, 2019
2019 AEP California State Conference
Association of Environmental Professionals
Event Mar 18, 2019
California Land Use Law & Policy Conference 2019
Argent Communications Group
Authored Articles & Publications Mar 18, 2019
CEQA Compliance for Businesses
BB&K’s Charity Schiller and Amanda Daams Warn Why Businesses Should Heed CEQA’s Changing Processes
Press Releases Feb 22, 2019
Groundwater Rights Trial Earns Top Verdict Honor from Daily Journal
BB&K Leads Water Agencies’ Defense
Event Feb 02, 2019
The Elephant in the Room: Adjudication Under SGMA
15th Annual California Water Law Symposium
Legal Alerts Jan 11, 2019
California Supreme Court Addresses Standard of Review for EIRs and Air Quality Impact Analyses
Decision in Sierra Club v. County of Fresno Case
Press Releases Dec 17, 2018
BB&K Welcomes Water and Environmental Partner Lowry Crook
Served Senior Positions with the Army Corps of Engineers and the White House
Authored Articles & Publications Dec 13, 2018
Hastings Environmental Law Journal: CEQA’s Judicial Remedies and Reform Recommendations
BB&K’s Michelle Ouellette and Ali Tehrani Authored Law Review Article
BB&K In the News Dec 04, 2018
Partner Andre Monette Discusses SCOTUS Clean Water Act Question with Law360
Invitation to Solicitor General for Opinion is Encouraging, He Says
Press Releases Nov 02, 2018
BB&K Proud to be Among the Best
U.S. News-Best Lawyers 2019 Rankings Released
Event Oct 17, 2018
IMLA 2018 Annual Conference
International Municipal Lawyers Association
Press Releases Oct 08, 2018
BB&K’s Environmental Law & Natural Resources Practice Expands
Firm Welcomes Four New Attorneys to Group
Client Successes Oct 01, 2018
Groundwater Rights Jury Finds in Favor of Public Water Suppliers
BB&K Team Successfully Defends City in First-of-its-Kind Trial in California
Event Sep 21, 2018
So the Judge Says You Need to Fix Your EIR...
So the Judge Says You Need to Fix Your EIR...
Press Releases Sep 17, 2018
Partner Charity Schiller a “Woman Worth Watching”
Profiles in Diversity Journal Recognizes Professionals for their Leadership
Legal Alerts Aug 27, 2018
Court Upholds Approval of Superstore Zoning Ordinance
California Appellate Court Supports the Broad Use of CEQA Addenda
Press Releases Aug 21, 2018
Best Lawyers in America Lists 27 BB&K Attorneys for 2019
Representing a Variety of Practice Areas
Videos Aug 14, 2018
Lauren Langer Video Bio
Partner
BB&K In the News Jul 20, 2018
Kavanaugh and the Clean Water Act
Partner Andre Monette Interviewed by Bloomberg Environment on SCOTUS Nominee
Press Releases Jul 16, 2018
10 BB&K Attorneys Honored on 2018 Northern California Super Lawyers List
One Recognized as a Northern California Super Lawyer Rising Star
Press Releases Jun 22, 2018
BB&K Partner Lauren Langer on Daily Journal 40 Under 40 List
Annual List Recognizes Attorneys for their Achievements
Client Successes May 31, 2018
CEQA Challenge to Billboard Project Defeated
BB&K Attorneys Defended West Hollywood’s Sunset Blvd. Sign Approval
BB&K In the News May 16, 2018
Profile: BB&K CEQA Attorney Amanda Daams
Riverside Lawyer Magazine Features the RCBA Barristers' Past President
Press Releases May 08, 2018
BB&K Partner Michelle Ouellette Named to Top Women Lawyers List
Daily Journal Again Recognizes the CEQA Law Veteran
Client Successes May 02, 2018
Appellate Court Rejects Challenges to Residential Development in Montebello
BB&K Defends City from CEQA, Brown Act and Planning and Zoning Law Claims
Event Apr 21, 2018
Telecommunications, Disaster Planning and Clean Water Act Updates
IMLA Mid-Year Seminar
Event Apr 18, 2018
2018 Federal Civil Practice Seminar
Federal Bar Association Inland Empire Chapter
Event Apr 17, 2018
Does a Federal Reserved Right to Surface Water Extend to Groundwater?
ABA Water Law Conference
Legal Alerts Apr 05, 2018
Parking Impacts Warrant Only Limited Consideration under CEQA for Infill Projects in Transit Priority Areas
Court Upholds City of Covina Infill Project
![[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?](/BBK/media/Library/stock-photos/Groundwater-Wells_thumb.jpg?ext=.jpg)
Mar 29, 2018
[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
BB&K Webinar Mar 29, 2018
Fairly (or Unfairly Traceable?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
BB&K Free Webinar
Event Mar 25, 2018
2018 AEP State Conference
Association of Environmental Professionals
Legal Alerts Feb 23, 2018
California Water Board Lacks Jurisdiction to Curtail Water Use by Senior Water Rights Holders
Court Decision on California Water Code Authority
Press Releases Feb 08, 2018
Southern California Super Lawyers 2018
Environmental, Public Agency, Litigation and Bankruptcy Partners Recognized
Client Successes Feb 05, 2018
Water Law Case Overturned for City
BB&K Partners Gene Tanaka and Shawn Hagerty Win in California Appellate Court
Legal Alerts Feb 02, 2018
Decision Could Expand Clean Water Act NPDES Permit Requirements
Ninth Circuit Rules in Hawaii Wildlife Fund, et al. v. County of Maui
Legal Alerts Dec 11, 2017
California Dept. of Fish and Wildlife Increases CEQA Document Filing Fees
Filing Fees for CEQA Notices of Determination Increase Jan. 1
Event Nov 13, 2017
The Scott River Litigation
Does the Public Trust Doctrine Apply to Groundwater Extractions?
Press Releases Nov 01, 2017
Local and National Best Law Firm Recognitions from U.S. News-Best Lawyers in America
BB&K Ranked for a Variety of Areas and Practices on 2018 List
Press Releases Oct 04, 2017
BB&K Attorneys Appointed to State Bar of California Committees
Public, Labor & Employment, Environmental and Insolvency Law Sections
Authored Articles & Publications Sep 28, 2017
Town vs. Gown
How Land Use and Environmental Laws Mediate Disputes Between Universities, Colleges and Communities
Legal Alerts Aug 03, 2017
CEQA Not Preempted in State-Owned Rail Project
California Supreme Court Decision Could Impact High-Speed Rail Project
Client Successes Jul 19, 2017
Mid County Parkway Freeway Infrastructure Project Prevails for Second Time
BB&K Attorneys Represent RCTC; Defeat Environmental Challenges
Legal Alerts Jul 10, 2017
Property Owner Forfeited Right to Challenge Coastal Commission Permit by Constructing Seawall
California Supreme Court Decision Applies to Other Development Permits
Press Releases Jul 07, 2017
Northern California Super Lawyers and Rising Stars 2017
Congratulations to the Nine BB&K Attorneys on this Year’s Lists
BB&K In the News Jun 22, 2017
Calif. County Tax On Leased Tribal Lands Gets Judge's OK
Law360 Interviews Partner Rod Walston on Ruling
Client Successes Jun 22, 2017
Local Taxes on Non-Indian Possessory Interests in Indian Country OK’d by Court
BB&K Wins Major Victory for Local Agencies Confirming Authority for Taxation
Event Jun 12, 2017
Coping with Drought, Floods and the New Federal Administration
Argent's 2017 California Water Law & Policy MCLE Conference
Client Successes Jun 01, 2017
NEPA Victory for Freeway Infrastructure Project in Riverside County
BB&K Team Represents RCTC in Mid County Parkway Project Dispute
Client Successes May 25, 2017
Appellate Court Rejects CEQA Challenges to Development in Santa Ana
BB&K Team Represented City
Press Releases May 25, 2017
Partners Michelle Ouellette and Kelly Salt Named Top Women Lawyers
Daily Journal’s Annual List of California’s Best Female Attorneys
Event May 18, 2017
AEP 2017: Bridging the Gap
California State Conference
Event May 18, 2017
Groundwater Sustainability Plans: Potential Challenges And Solutions
The American Ground Water Trust Conference
Event May 05, 2017
Land, Air and Water: Navigating Complex Environmental Issues in the Inland Empire
State Bar of California Environmental Law Section
Event Apr 25, 2017
Water Laws and Regulations
HalfMoon Education Seminars
Event Apr 20, 2017
2017 Federal Civil Practice Seminar
Federal Bar Association Inland Empire Chapter
Client Successes Mar 30, 2017
Art Museum Can Proceed Following BB&K CEQA Victory
Court Strikes Down Challenges to City’s Approval of Pomona College Master Plan Update
Press Releases Mar 23, 2017
BB&K Breaks on to Los Angeles Business Journal’s Top Law Firms List
Firm’s Los Angeles Office Makes Debut at No. 173
Press Releases Mar 23, 2017
Sacramento Business Journal Again Ranks BB&K as a Top Litigation Firm
Based on Number of Attorneys
Authored Articles & Publications Mar 16, 2017
Public Trust Doctrine & Water Rights
The Walker Case: Does the Public Trust Doctrine Apply to Water Rights Established in Judicial Decrees?
Event Mar 03, 2017
Advanced CEQA Workshop (Costa Mesa)
Association of Environmental Professionals
Event Feb 28, 2017
Advanced CEQA Workshop (Riverside)
Association of Environmental Professionals
Client Successes Feb 08, 2017
BB&K Represents Water District in Historic Indian Water Rights Settlement
The Pechanga Band of Luiseño Mission Indian Water Rights Settlement Act
Legal Alerts Jan 25, 2017
WOTUS Rule on Hold in Sixth Circuit
Challenge to Waters of the U.S. Rule Delayed Pending Supreme Court Review
Press Releases Jan 20, 2017
Southern California Super Lawyers 2017
Five BB&K Partners Receive Honor
Legal Alerts Jan 18, 2017
Waters of the U.S. Rule to Go to Supreme Court
Nation’s High Court Agreed to Hear Challenges to Controversial Rule
Legal Alerts Dec 13, 2016
CEQA Document Filing Fees Increase
Fee Increase for CEQA Notices of Determination Effective Jan. 1
Videos Nov 30, 2016
John Holloway Video Bio
Partner
Videos Nov 18, 2016
Eric L. Garner Video Bio
Managing Partner
Legal Alerts Nov 10, 2016
Evaluating a Project’s “Exacerbation” on Existing Environmental Hazards
Substantial Evidence Proving “Exacerbation” Required, California Appellate Court Says
Press Releases Sep 21, 2016
BB&K Partner Jeffrey V. Dunn Named One of the Top 100 Lawyers in California
Resolutions in Two Major Water Rights Matters Cited by the Daily Journal
Legal Alerts Sep 21, 2016
CEQA Allows Developers to Recover Administrative Record Costs when Reimbursing Agency
Appellate Victory for Developers and Public Agencies
Press Releases Aug 31, 2016
BB&K Partner Kara Ueda Among 2016 Sacramento Business Journal’s Best of the Bar
This is Her Third Consecutive Year on the List
Legal Alerts Aug 30, 2016
Environmental Groups to Sue Fish & Wildlife Service Over Listing of 417 Species
Development Projects in California May be Impacted
Legal Alerts Aug 29, 2016
California Supreme Court Requires State to Fund Local Stormwater Programs
Funding Sources Potentially Impacted for Cities and Counties
Press Releases Jul 08, 2016
Congratulations to BB&K’s Attorneys on the Northern California Super Lawyers and Rising Stars Lists
Eight Attorneys Recognized for Their Professional Achievements
Press Releases Jul 06, 2016
Three BB&K Attorneys Listed as Top Lawyers in Coachella Valley
Palm Springs Life Magazine’s Annual List Includes Partners Robert Hargreaves, Douglas Phillips and G. Henry Welles
Client Successes May 13, 2016
BB&K Secures CEQA Appellate Victory in Water Project
Six Challenges to Public-Private Partnership Effort Overcome
Videos Apr 21, 2016
Water Rights with Eric Garner: Beneficial and Reasonable Use
Video Series
Press Releases Apr 21, 2016
BB&K Partners Shawn Hagerty and Andre Monette Honored by IMLA
They Received an Amicus Service Award for Their Work on a Maui Water Quality Matter
Videos Feb 24, 2016
Water Rights with Eric Garner: Prescriptive Rights
Video Series
Videos Feb 02, 2016
Water Rights with Eric Garner: California Groundwater Rights
Video Series
Videos Jan 06, 2016
Water Rights with Eric Garner: Appropriative Rights to Surface Water
Video Series
Videos Dec 08, 2015
Water Rights with Eric Garner: Riparian Water Rights
Video Series
Authored Articles & Publications Nov 04, 2015
Summary of Appellate Cases Decided by the Courts in 2014-2015
Association of California Water Agencies
Authored Articles & Publications Sep 05, 2014
California Urban Housing Market Plagued by Higher Rents, Lower Wages, and CEQA
By Lindsay D. Puckett
Press Releases Aug 19, 2014
Thirteen BB&K Attorneys Named to The Best Lawyers in America© 2015 List
The Included Attorneys Practice in BB&K Offices throughout California
Key Contacts
Connected Industries
Related Practices
- Air Quality
- California Environmental Quality Act (CEQA)
- California Public Utilities Commission
- Endangered Species
- Environmental Law & Natural Resources
- Hazardous Waste
- National Environmental Policy Act (NEPA)
- Ports
- Real Estate
- Renewable Energy
- Transportation
- Water
- Water Quality
- Water Rights