The attorneys in Buchalter Nemer’s Government, Regulatory and Administrative Law Practice Group have developed a multi-disciplinary practice advising both public and private sector clients at the local, state and federal level. Our clients include private developers, public agencies, financial institutions, and other primary stakeholders in infrastructure-related projects, including P3 projects. Our attorneys also have extensive experience with joint powers agreements, P-3 agreements, development agreements, owner participation agreements, and disposition and development agreements required for major private and public development projects and infrastructure.
Land Development and Permitting Services
Working closely with our esteemed Real Estate Practice Group, our Government, Regulatory and Administrative Law attorneys often advise clients on issues pertaining to:
- land use entitlement,
- permitting and environmental review,
- environmental compliance,
- water resources,
- wetlands and natural resources,
- California’s planning laws,
- California Environmental Quality Act (CEQA),
- National Environmental Policy Act (NEPA),
- Endangered Species Act (ESA),
- Clean Water Act (including Sections 401 and 404),
- Federal and State flood control statutes, and
- Other state and federal laws governing the use of land, water, and other natural resources.
We recognize that the often-times pervasiveness of local, state and federal regulations and legal requirements can have a significant impact on a company’s business operations. Understanding the legal landscape in which government agencies operate is critical to anticipating, meeting or even successfully challenging regulatory and enforcement actions.
With our understanding of the technical and regulatory framework in which businesses and agencies operate today, our attorneys are often retained by both the regulated industry and the regulators to assist in reaching consensus and develop pragmatic solutions to complex legal issues. Our attorneys possess an in-depth knowledge of agency regulations and practices having successfully offered clients an ideal mix of corporate and government-related experience. Our attorneys handle regulatory matters affecting a wide range of industries, including construction, education, manufacturing, non-profits and religious organizations, and transportation.
- Represented a consortium of construction lenders in the development of a major mixed-use project in downtown San Francisco on redevelopment land. Issues included, air right issues, a lengthy reciprocal easement agreement, a disposition and development agreement, and many other documentary and title requirements.
- Advising Central Valley developers and municipalities regarding compliance with state and federal flood control laws and regulations in conjunction with the establishment of joint public and private financing tools, including assessment districts, development fees and enhanced infrastructure financing districts.
- Assisted UC Merced, one of the public agencies relying on P-3 agreements for major infrastructure, so that the campus would complete the state and federal permitting and environmental review processes for the construction of the UC Merced Campus and associated infrastructure.
- Advised developer regarding permitting and regulatory process for track relocation and development of intermodal transportation facility in conjunction with mixed use redevelopment of the Sacramento Railyards.
- Redevelopment of Former Army Base and Army Reserve Training Facilities. Advise developers and homebuilders in the acquisition, development and permitting of mixed use residential redevelopment of former Army properties in Monterey and Alameda counties.
- Coastal Project. Advise landowner in the development of a land disposition and integrated entitlement/ remediation strategy for 400+ property along California coast in processing local, state and federal entitlements and development of natural resources permitting strategy and NEPA/CEQA review associated with the redevelopment of property in Mendocino County.
- Industrial Site and Transit-Oriented Redevelopment Projects. Advise developers in entitlement and local, state and federal permitting and NEPA/CEQA review strategies for redevelopment of former industrial facilities, transit-oriented mixed use redevelopment projects, and base reuse projects in Northern California.
- Delta Project. Advise developer of 5,000 acre tract in South Delta in the land use entitlement, development agreement, NEPA/CEQA, and permitting under Clean Water Act, ESA, and CESA, and flood control permitting of 11,000 unit and 5 million square foot water-oriented mixed use residential development project.
- Casino Project. Advise Tribe and casino operator in natural resources permitting and environmental review for off-Reservation infrastructure for casino in Northern California and in negotiating joint powers agreements with local municipality and county.
- Intermodal Project. Advise developer and city with NEPA review for intermodal facility, track relocation, and compliance with Section 106, Section 4(f) and transportation project requirements pursuant to ISTEA and SAFETEA-LU and provide advice regarding Federal Railroad Administration and Federal Transit Administration and Caltrans permitting processes.
- Habitat Conservation Plans. Advise municipalities in natural resources permitting, NEPA/CEQA matters and litigation defense associated with preparation of Habitat Conservation Plans (2000-20013). Advise municipalities in California and Nevada with implementation of HCPs and represent municipalities and developers in the permitting and entitlement processing associated with projects subject to habitat conservation plans.
- Utility Company Natural Resources Permitting. Advise utility company on development of habitat conservation plans for service territory in support of Section 10(a)(1)(B) and 2081 permits. Also advise client on natural resources permitting matters, including negotiation of Safe Harbor Agreements, Section 7 consultation issues, implementation of existing mitigation programs, and NEPA/CEQA compliance issues.
- Transportation Projects. Advise transportation agencies, Tribes, and consultants in natural resources permitting and environmental review for interchange and roadway projects under NEPA/CEQA.
- Clean Water Act and Flood Control Permitting. Advise municipalities and reclamation districts in compliance with State Porter Cologne Water Quality Act, Federal Clean Water Act and Rivers & Harbors Act for construction of infrastructure.