Barry H. Epstein

CEQA & NEPA Matters

• Solar PV Generation Facilities. Permitting, compliance, and CEQA counsel for nearly 1,000 MWs of utility-scale solar PV generation facilities in California; defended related CEQA litigation challenges.
• High-Voltage Transmission Line Projects. Compliance counsel for CEQA and NEPA issues related to multiple high-voltage transmission line projects, including new projects, reconductoring, and substation upgrades.
• Public and Private Clients. Advised variety of public and private clients regarding CEQA documentation and compliance.
• Master Environmental Consultant to the U.S. Coast Guard. Advised the master environmental consultant to the U.S. Coast Guard and California State Lands Commission in regard to NEPA/CEQA and related legal compliance for a proposed offshore liquefied natural gas facility.
• Master Consultant to the U.S. Navy. Compliance with National Environmental Policy Act (NEPA), Coastal Zone Management Act (CZMA), Marine Mammal Protection Act (MMPA), Endangered Species Act (ESA), and other laws applicable to worldwide deployment of advanced submarine detection technology.

Land Use Permitting and Other Issues

• Landowners. Negotiated and documented land conservation transactions involving conservation easements and fee acquisitions for land trusts and private landowners.
• Farmers. Conceiving and permitting innovative water storage project to enhance Coho and steelhead fisheries without reducing irrigation water supply by substituting appropriative water rights for riparian rights.
• Developers. Obtained local and Coastal Act land use permits for construction of residences and barn in area of sensitive resource concerns.
• Industrial Facilities. Negotiated and documented development and construction of commercial and industrial facilities in several Western states.
• Industrial Property Owner. Analyzed water supply, related infrastructure, treatment and transmission arrangements, and land use issues for large industrial property owner; interpreted existing contracts and negotiated contract modifications.
• Natural Gas Electric Generation Facility. Lead counsel in the CEC Site Certification process for a 550 MW natural gas fired electric generation facility in Southern California.

Water Rights Matters

• Ranch and Vineyard. Addressed water rights needs for ranch, vineyard, row crop, and orchard lands, including SWRCB permits and amendments, riparian rights, groundwater and spring water rights, and mutual water company issues.
• Water District. State Water Resources Control Board water rights hearings to establish minimum instream flows, sedimentation control, and other fish protection measures.
• Farmer. Resolving wetlands enforcement matters initiated by the U.S. Army Corp of Engineers and California Coastal Commission.

Land Use Litigation

• California County. Agricultural interests in state court CEQA litigation challenging High Speed Rail project.
• Water Districts and Farm Bureau. Legal challenge to adequacy of Water Supply Assessment and CEQA Environmental Impact Report (EIR) for proposed residential development project lacking water rights.
• City Council. Resolved multi-faceted land use development dispute involving litigation over Local Agency Formation Commission (LAFCO) annexation and Planning Commission and City Council entitlement hearings involving CEQA, General Plan consistency, zoning conformity, and endangered species protection.
• Public Agency. Defended local public agency in CEQA writ and regulatory takings litigation.