Natural Resources - Environmental | Services | Allen Matkins

Our environmental and natural resources group assists clients with all of the federal and California regulatory programs protecting natural resources.

"Excellent combination of environmental and legal knowledge."

- General Counsel, Oil and Gas Company

EXPERIENCE

Developer. Represented the developer of a 3,700-acre mixed-use military base reuse project on due diligence, CEQA compliance, general plan, specific plan and zoning issues, subdivision map processing, wetland and water quality issues, state and federal endangered species issues, hazardous waste remediation, and affordable housing strategy.
Telephone Carrier. Represented telephone carrier in all aspects of permitting trans-pacific fiber optic cables installation in California from various Asian countries. This involves environmental analysis of potential impacts on marine, freshwater and terrestrial habitats. Permitting agencies include the U.S. Army Corps of Engineers, NOAA-Fisheries, U.S. Fish and Wildlife Service, California Coastal Commission, California State Lands Commission, California Department of Fish and Wildlife, California Regional Water Quality Control Board, and local governments.
Water Utility. Represented investor-owned water utility on permitting and CEQA compliance for a new long term water supply for the Monterey Peninsula comprising a 25 to 50 MGD desalination plant and aquifer storage and recovery (ASR). The Proposed Project co-locates the desalination facility with an existing power plant. Represented client in litigation filed to oppose the issuance of Coastal Development Permit for the pilot plant.
Property Owners. Represented group of owners seeking annexation to a Northern California city and the development of their properties. Critical legal issues/tasks involved included Supplemental Environmental Impact Report, Williamson Act, new Local Agency Formation Commission (LAFCO) law and Measure D (slow-growth initiative adopted by Alameda County electorate), two CEQA lawsuits and one LAFCO lawsuit; and Development Agreements.
Developer. Represented the developer of 1600-acre wetlands restoration and residential development project. Key tasks included CEQA and NEPA compliance, negotiation of a development agreement, California Coastal Commission approval, state wetlands and endangered species issues, specific plans and local coastal programs, negotiation of park and open space dedications, and assistance in litigation defense relating to CEQA and Coastal Act compliance.

Irrigation District. Represented irrigation district in connection with water rights and water transfer issues in the following major areas:
- Negotiation of 45-year, 21 million acre-feet water rights settlements and transfers involving regional water agencies, the federal government and seven states.
- Litigation - counsel in successful lawsuit brought against the Department of the Interior for reduction of water supply by 300,000 acre-feet; in validation and CEQA litigation concerning water transfers and settlement; and in federal NEPA and Clean Air Act challenge to related federal agreements and actions.
- Environmental Compliance – lead CEQA and NEPA counsel on ESA and CESA matters involving long-term water transfer impacts.
- Appellate Counsel – counsel in Ninth Circuit appeal involving international water rights and environmental compliance issues; and Third Appellate District appeal involving CEQA challenges to long-term water transfers.
Developer. Represented developer of 600-acre master-planned community in Southern California on local, state and federal regulatory permitting and entitlement issues including annexation, mining, MSHCP compliance, CEQA, wetlands permitting, planning and zoning and other related matters.
Developers. Represented developers on the processing and approval of a master development, facilities improvement, and conservation plan project on 6,660 acres. Project includes flood control facilities, five separate residential/commercial development projects on 3,000 acres, a set-aside conservation area, CEQA compliance, wetlands permitting and endangered species issues.
Real Estate Trust. Represented real estate trust in environmental permitting on client’s holdings in Southern California. Our work includes multi-species habitat conservation plans (MSHCP), CEQA counseling, coordination and supervision of biologists' and jurisdictional waters delineators' work product, and advice regarding the California Surface Mining and Reclamation Act (SMARA).
Beverage Manufacturer. Represented beverage manufacturer in possible land exchange of conservation/habitat land with a Southern California county involving a 960-acre property. Work includes coordinating biologists, counseling on MSHCP and CEQA requirements, negotiations with U.S. Fish & Wildlife Service, the California Department of Fish and Wildlife, the U.S. Army Corps of Engineers and with environmental groups.
Telecommunication Company. Represented telecommunication company in securing permits from federal, state and local agencies for construction of several different fiber optic telecommunication trunk lines throughout California. This included all aspects of the entitlement process, from development of an entitlement strategy, to preparation and submittal of the various permit applications, to overseeing preparation of CEQA and NEPA documentation, to negotiations with agency staff, to appearance before the various permitting bodies in support of the permit applications, and finally, to advising client and client's contractors on compliance with the myriad conditions of project approval once the permits were secured.
Warehouse Facility. Represented company in securing permit approvals for construction of a 50-acre warehouse facility. Work included guiding the preparation of the County's EIR for this project; resolution of issues raised by the California Department of Fish and Wildlife (Swainson's hawk), U.S. Fish and Wildlife Service (giant garter snake), Reclamation District 1000 (stormwater control improvements), and Sutter County (building occupancy issues); rebuffing threatened litigation by RD 1000 and local environmental groups; and advising client on compliance with various conditions of project approval. Warehouse was permitted and built on schedule.
Water Utility. Represented investor-owned water utility concerning its rights under an adjudication decision for a groundwater basin. Issues include duties and rights concerning replenishment of the basin, credit for implementing replacement water projects, and the right to store water from excess flows from the river in the basin.
Technology Company. Represented technology company with respect to negotiation of 40-year lease of over 40 acres of unimproved land and the entitlement of up to 1.2 million square feet of offices and research and development facilities. We provided strategic advice regarding NEPA and CEQA compliance and assisted in-house counsel in managing the legal team and interfacing with the business team.
Land Developer. Represented developer in providing MSHCP and CEQA compliance for extensive holdings in Southern California. Also assisting in obtaining environmental permits.
Water District. Represented City Attorney and Planning Staff on CEQA compliance for City as Lead Agency for 50 MGD desalination facility to be co-located with an existing power plant. Advise client on permitting issues for desalination facility; represent client in public hearings before State agencies. Represent client in litigation over issuance of permits for the desalination facility. Dispute concerns entrainment/impingement of marine life due to ocean water intake for the facility, water quality impacts of brine disposal and greenhouse gas emissions.
Joint Venture. Represented a joint venture comprised of a developer and a university endowment fund to acquire, plan and develop 248 acres in California, to develop 1,050 single family homes. Procurement of the land and obtaining the entitlements for the project has required more than 60 community meetings and more than 22 public governmental meetings with various agencies and more than 60 meetings with members of the local community.
Developer. Represented the developer of a 600+ acre commercial/industrial project on local planning issues, CEQA compliance, endangered species issues, development agreements, implementation of major road and other infrastructure programs, subdivision map issues, transition into city jurisdiction, assignment and assumption agreements, and CEQA litigation.
Developer. Represented the developer of a 200-acre commercial/industrial park on CEQA compliance, state and federal wetlands and endangered species issues, general plan amendments and specific plans, redevelopment issues, and regional transportation issues.
Developer. Represented the developer of a 1,000-acre master planned community and golf course on state and federal endangered species and wetlands permitting matters.
Developer. This is a 500-acre in-fill multi-use project in California. We oversaw all aspects of securing entitlements, including the EIR formulation, submission, comments and eventual approval. Thereafter two parties filed CEQA lawsuits and we represented the developer in those CEQA lawsuits. After full briefing, all the litigation was resolved successfully.
Homebuilder. Represented homebuilder in obtaining entitlements from the various resource agencies for a project in Southern California, consisting of approximately 800 homes. Also provided MSHCP and CEQA counseling for the project.
Developer. Represented developer in obtaining environmental permits for the approximately 200-acre project in Southern California.
Real Estate Trust. Represented real estate trust in environmental permitting on its extensive holdings in Southern California. Entitlements obtained or sought to be obtained involve more than 10 million square feet of new industrial space. Our work includes MSHCP and CEQA counseling, coordination and supervision of biologists' and jurisdictional waters delineators' work product, and California Surface Mining and Reclamation Act (SMARA) counseling in connection with the trust's attempts to exploit mineral resources on one of its project sites. We also are providing counseling on green building and sustainable development regulations and Southern California Edison's Solar Initiative.
Developer. Represented the developer of a 900-acre master-planned community on local, state and federal regulatory permit issues including a specific plan amendment, CEQA compliance, water supply, 401 and 404 permit issues, endangered species consultations, and cultural and archeological issues.
Warehouse Facility. Oversaw local permitting approvals for construction of a new warehouse in Southern California. Work also included guidance on permit compliance issues. Issues of interest included Native American monitoring of cultural resources and work with the Union Pacific Railroad on installation of a pedestrian crossing required of client as a condition of approval by the City.
Developer. Represented a developer in securing a "2081 Permit" for the "take" of a state-listed endangered plant in association with a residential subdivision project located on a former military base.
Golf Course Developer. Represented golf course developer on permitting issues related to the construction of a new nine-hole addition to the existing golf course located in Southern California. Wetland and riparian impacts were the principal issues. A disclaimer of permit requirement was obtained from the U.S. Army Corps of Engineers, but negotiated agreements were required with the City, the California Dept. of Fish and Wildlife, and the Regional Water Quality Control Board. The golf course addition was successfully completed on schedule.
Developer. Represented developer in securing a Section 404 individual permit from the U.S. Army Corps of Engineers and a 401 Water Quality Certification from the local Regional Water Quality Control Board for the construction of a 30-acre business park.
Aquaculture Company. Represented aquaculture operation in connection with groundwater rights and transfers.
Country Club. Represented country club owner regarding reclaimed water purchase and use.
Residential Developer. Represented residential developer in groundwater analysis for developer regarding new golf course/residential development.
Residential Developer. Represented residential developer in water supply assessment and water rights adjudication.
Ranch Owner. Represented ranch owner in due diligence on groundwater for a ranch in California that may have value if operated in a joint arrangement with the irrigation district as a groundwater bank.
Farm Owner. Represented farmer before County Planning Commission regarding conditional use permit for groundwater use in the county.
Golf Course Developer. Represented golf course developer in water rights analysis regarding riparian water rights.
Golf Course Owner. Represented golf course owner in water rights analysis regarding riparian water rights.
Hospitality Developer. Represented hospitality developer in the analysis of hotel/golf course developer's surface and groundwater rights relative to the Sweetwater River and the Sweetwater Authority's water rights and representation in negotiation of development agreement.
Landfill Developer. Represented landfill developer in the analysis of groundwater and surface water rights for proposed landfill operation in Southern California.
Landowner. Represented landowner in water rights due diligence for water storage project.
Nursery. Represented nursery in groundwater and surface water supply assessment for conversion of land into residential development in Southern California.
Power Plant Developer. Represented power plant developer with respect to numerous water rights due diligence and power plant siting issues in California including water rights reviews, water supply transfers, and reclaimed water issues.
Ranch Owner. Represented large cattle ranch owner in the Central Valley regarding water issues for conversion of portion of ranch into new residential subdivision.
Residential Developer. Represented residential developer in groundwater rights due diligence in Southern California.
Residential Developer. Represented developer regarding groundwater rights and well agreement with local water district.
Residential Developer. Represented developer of a new subdivision in groundwater adjudication.
Residential Developer. Represented developer regarding water connection fees.
Residential Developer. Represented developer to obtain approval of residential project.
Residential Developer. Represented residential developer in California regarding groundwater and surface water rights and related water use.
Residential Developer. Represented residential development joint venture with respect to development and implementation of Water District-imposed water connection allocation program.
Asphalt Company. Represented asphalt company with respect to analysis of groundwater rights and representation in Mojave River adjudication proceedings.
Sand Mining Company. Represented sand mining joint venture with respect to analysis of surface and groundwater rights relative to the Sweetwater River and the Sweetwater Authority's water rights, and representation before the County Planning Commission with respect to renewal of special use permit.

Irrigation District. Represented irrigation district in connection with water rights and water transfer issues in the following major areas:
- Negotiation of 45-year, 21 million acre-feet water rights settlements and transfers involving regional water agencies, the federal government and seven states.
- Litigation - counsel in successful lawsuit brought against the Department of the Interior for reduction of water supply by 300,000 acre-feet; in validation and CEQA litigation concerning water transfers and settlement; and in federal NEPA and Clean Air Act challenge to related federal agreements and actions.
- Environmental Compliance – lead CEQA and NEPA counsel on ESA and CESA matters involving long-term water transfer impacts.
- Appellate Counsel – counsel in Ninth Circuit appeal involving international water rights and environmental compliance issues; and Third Appellate District appeal involving CEQA challenges to long-term water transfers.
Developer. Represented developer of 600-acre master-planned community in Southern California on local, state and federal regulatory permitting and entitlement issues including annexation, mining, MSHCP compliance, CEQA, wetlands permitting, planning and zoning and other related matters.
Developers. Represented developers on the processing and approval of a master development, facilities improvement, and conservation plan project on 6,660 acres. Project includes flood control facilities, five separate residential/commercial development projects on 3,000 acres, a set-aside conservation area, CEQA compliance, wetlands permitting and endangered species issues.
Real Estate Trust. Represented real estate trust in environmental permitting on client’s holdings in Southern California. Our work includes multi-species habitat conservation plans (MSHCP), CEQA counseling, coordination and supervision of biologists' and jurisdictional waters delineators' work product, and advice regarding the California Surface Mining and Reclamation Act (SMARA).
Beverage Manufacturer. Represented beverage manufacturer in possible land exchange of conservation/habitat land with a Southern California county involving a 960-acre property. Work includes coordinating biologists, counseling on MSHCP and CEQA requirements, negotiations with U.S. Fish & Wildlife Service, the California Department of Fish and Wildlife, the U.S. Army Corps of Engineers and with environmental groups.
Telecommunication Company. Represented telecommunication company in securing permits from federal, state and local agencies for construction of several different fiber optic telecommunication trunk lines throughout California. This included all aspects of the entitlement process, from development of an entitlement strategy, to preparation and submittal of the various permit applications, to overseeing preparation of CEQA and NEPA documentation, to negotiations with agency staff, to appearance before the various permitting bodies in support of the permit applications, and finally, to advising client and client's contractors on compliance with the myriad conditions of project approval once the permits were secured.
Warehouse Facility. Represented company in securing permit approvals for construction of a 50-acre warehouse facility. Work included guiding the preparation of the County's EIR for this project; resolution of issues raised by the California Department of Fish and Wildlife (Swainson's hawk), U.S. Fish and Wildlife Service (giant garter snake), Reclamation District 1000 (stormwater control improvements), and Sutter County (building occupancy issues); rebuffing threatened litigation by RD 1000 and local environmental groups; and advising client on compliance with various conditions of project approval. Warehouse was permitted and built on schedule.
Water Utility. Represented investor-owned water utility concerning its rights under an adjudication decision for a groundwater basin. Issues include duties and rights concerning replenishment of the basin, credit for implementing replacement water projects, and the right to store water from excess flows from the river in the basin.
Technology Company. Represented technology company with respect to negotiation of 40-year lease of over 40 acres of unimproved land and the entitlement of up to 1.2 million square feet of offices and research and development facilities. We provided strategic advice regarding NEPA and CEQA compliance and assisted in-house counsel in managing the legal team and interfacing with the business team.
Land Developer. Represented developer in providing MSHCP and CEQA compliance for extensive holdings in Southern California. Also assisting in obtaining environmental permits.
Water District. Represented City Attorney and Planning Staff on CEQA compliance for City as Lead Agency for 50 MGD desalination facility to be co-located with an existing power plant. Advise client on permitting issues for desalination facility; represent client in public hearings before State agencies. Represent client in litigation over issuance of permits for the desalination facility. Dispute concerns entrainment/impingement of marine life due to ocean water intake for the facility, water quality impacts of brine disposal and greenhouse gas emissions.
Joint Venture. Represented a joint venture comprised of a developer and a university endowment fund to acquire, plan and develop 248 acres in California, to develop 1,050 single family homes. Procurement of the land and obtaining the entitlements for the project has required more than 60 community meetings and more than 22 public governmental meetings with various agencies and more than 60 meetings with members of the local community.
Developer. Represented the developer of a 600+ acre commercial/industrial project on local planning issues, CEQA compliance, endangered species issues, development agreements, implementation of major road and other infrastructure programs, subdivision map issues, transition into city jurisdiction, assignment and assumption agreements, and CEQA litigation.
Developer. Represented the developer of a 200-acre commercial/industrial park on CEQA compliance, state and federal wetlands and endangered species issues, general plan amendments and specific plans, redevelopment issues, and regional transportation issues.
Developer. Represented the developer of a 1,000-acre master planned community and golf course on state and federal endangered species and wetlands permitting matters.
Developer. This is a 500-acre in-fill multi-use project in California. We oversaw all aspects of securing entitlements, including the EIR formulation, submission, comments and eventual approval. Thereafter two parties filed CEQA lawsuits and we represented the developer in those CEQA lawsuits. After full briefing, all the litigation was resolved successfully.
Homebuilder. Represented homebuilder in obtaining entitlements from the various resource agencies for a project in Southern California, consisting of approximately 800 homes. Also provided MSHCP and CEQA counseling for the project.
Developer. Represented developer in obtaining environmental permits for the approximately 200-acre project in Southern California.
Real Estate Trust. Represented real estate trust in environmental permitting on its extensive holdings in Southern California. Entitlements obtained or sought to be obtained involve more than 10 million square feet of new industrial space. Our work includes MSHCP and CEQA counseling, coordination and supervision of biologists' and jurisdictional waters delineators' work product, and California Surface Mining and Reclamation Act (SMARA) counseling in connection with the trust's attempts to exploit mineral resources on one of its project sites. We also are providing counseling on green building and sustainable development regulations and Southern California Edison's Solar Initiative.
Developer. Represented the developer of a 900-acre master-planned community on local, state and federal regulatory permit issues including a specific plan amendment, CEQA compliance, water supply, 401 and 404 permit issues, endangered species consultations, and cultural and archeological issues.
Warehouse Facility. Oversaw local permitting approvals for construction of a new warehouse in Southern California. Work also included guidance on permit compliance issues. Issues of interest included Native American monitoring of cultural resources and work with the Union Pacific Railroad on installation of a pedestrian crossing required of client as a condition of approval by the City.
Developer. Represented a developer in securing a "2081 Permit" for the "take" of a state-listed endangered plant in association with a residential subdivision project located on a former military base.
Golf Course Developer. Represented golf course developer on permitting issues related to the construction of a new nine-hole addition to the existing golf course located in Southern California. Wetland and riparian impacts were the principal issues. A disclaimer of permit requirement was obtained from the U.S. Army Corps of Engineers, but negotiated agreements were required with the City, the California Dept. of Fish and Wildlife, and the Regional Water Quality Control Board. The golf course addition was successfully completed on schedule.
Developer. Represented developer in securing a Section 404 individual permit from the U.S. Army Corps of Engineers and a 401 Water Quality Certification from the local Regional Water Quality Control Board for the construction of a 30-acre business park.
Aquaculture Company. Represented aquaculture operation in connection with groundwater rights and transfers.
Country Club. Represented country club owner regarding reclaimed water purchase and use.
Residential Developer. Represented residential developer in groundwater analysis for developer regarding new golf course/residential development.
Residential Developer. Represented residential developer in water supply assessment and water rights adjudication.
Ranch Owner. Represented ranch owner in due diligence on groundwater for a ranch in California that may have value if operated in a joint arrangement with the irrigation district as a groundwater bank.
Farm Owner. Represented farmer before County Planning Commission regarding conditional use permit for groundwater use in the county.
Golf Course Developer. Represented golf course developer in water rights analysis regarding riparian water rights.
Golf Course Owner. Represented golf course owner in water rights analysis regarding riparian water rights.
Hospitality Developer. Represented hospitality developer in the analysis of hotel/golf course developer's surface and groundwater rights relative to the Sweetwater River and the Sweetwater Authority's water rights and representation in negotiation of development agreement.
Landfill Developer. Represented landfill developer in the analysis of groundwater and surface water rights for proposed landfill operation in Southern California.
Landowner. Represented landowner in water rights due diligence for water storage project.
Nursery. Represented nursery in groundwater and surface water supply assessment for conversion of land into residential development in Southern California.
Power Plant Developer. Represented power plant developer with respect to numerous water rights due diligence and power plant siting issues in California including water rights reviews, water supply transfers, and reclaimed water issues.
Ranch Owner. Represented large cattle ranch owner in the Central Valley regarding water issues for conversion of portion of ranch into new residential subdivision.
Residential Developer. Represented residential developer in groundwater rights due diligence in Southern California.
Residential Developer. Represented developer regarding groundwater rights and well agreement with local water district.
Residential Developer. Represented developer of a new subdivision in groundwater adjudication.
Residential Developer. Represented developer regarding water connection fees.
Residential Developer. Represented developer to obtain approval of residential project.
Residential Developer. Represented residential developer in California regarding groundwater and surface water rights and related water use.
Residential Developer. Represented residential development joint venture with respect to development and implementation of Water District-imposed water connection allocation program.
Asphalt Company. Represented asphalt company with respect to analysis of groundwater rights and representation in Mojave River adjudication proceedings.
Sand Mining Company. Represented sand mining joint venture with respect to analysis of surface and groundwater rights relative to the Sweetwater River and the Sweetwater Authority's water rights, and representation before the County Planning Commission with respect to renewal of special use permit.

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