Land Use

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Buchalter's land use attorneys built their reputation by consistently obtaining flexible and defensible land use and development entitlements in every type of development environment — including urban, rural, suburban, coastal and redevelopment. We have handled, from beginning to end, some of the most complicated projects in California. We also represent the developers of smaller projects, who sometimes simply need us to intervene at certain critical points in the entitlement process.

We realize that land use entitlements serve a business goal, and understand the ways in which entitlements can affect later aspects of a development, including financing and disposition. This understanding allows us to assist clients in structuring entitlements and the timing and financing of infrastructure investments to best meet their underlying business strategies. Moreover, when development by others has the potential to harm our clients’ interests, we have the expertise to intervene to prevent or eliminate that harm.

What We Do

Due Diligence Review and Counseling Concerning Status of Entitlements
Securing Entitlements and Land Development Approvals
California Environmental Quality Act (CEQA)/ National Environmental Policy Act (NEPA) Review, Prosecution, and Defense
Land Use Litigation and Administrative Proceedings
Environmental Regulatory Counseling and Compliance Advice
Affordable Housing Development and Credits
Subdivision Map Act
General Plan, Specific Plan, and Zoning Amendments
Williamson Act
Development Agreements
Public Finance and Redevelopment
Public – Private Partnerships
Endangered Species – State and Federal
Proposition 65 (Safe Drinking Water and Toxic Enforcement Act) Compliance
Oil and Gas
Obtaining and Opposing Zoning, Variances, and Special Use Permits
Planning Approvals and Building Permits
Eminent Domain and Condemnation Proceedings
Historic Preservation, Rehabilitation and Credits
Water Resources, Rights, Permitting, and Adjudication and Other Litigation
Residential Development, including Condominium and Master Planned Communities
Initiative and Referenda on Entitlement Matters
Local Agency Formation Commission Issues and Annexation
Securing Environmental Permits (Air, Water, Species) from State and Federal Agencies
Due Diligence Review and Counseling Concerning Environmental Permits
Easements, Covenants and Servitudes
Environmental Compliance, Reporting, Counseling and Litigation
Environmental Contamination – Counseling Investigation, Remediation and Litigation
Commercial, Industrial and Mixed-Use Development

Our Clients

Developers
Builders and Contractors
Landowners (Specialty in Commercial, Residential, Agriculture, and Vineyards)
Property and Asset Management Companies
Lenders
Public Agencies and Water Districts
Environmentalists
Corporations
Hospitality Industry
Airport Owners and Sponsors
Airlines
Fixed-Base Operators and Aircraft Owners
Ports
Major Power Generating Companies
Refineries
Financial Institutions
Institutional Investors
Insurance Companies

Why Buchalter

Dedicated attorneys who stay apprised of proposed legal and policy changes on a local, state and federal level for Land Use, Environmental Compliance and Water Resources
Full-service firm with resources to support transactional and litigation needs for any project from strategy and financing to implementation and development
Expertise throughout California in appearing before public agencies, including local (city councils and boards of supervisors, planning commissions), state, and federal for whole projects as well as discrete issues and administrative violations
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Experienced and talented attorneys to accommodate a wide range of projects from conversions to large-scale complex commercial real estate development projects

- Governor Newsom Signs Bill into Law Imposing Restrictions on Logistics Facilities Near Sensitive Uses
  
  October 1st, 2024
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- October 1, 2024 By: Braeden Mansouri and Alicia Guerra On September 29, 2024, Governor Gavin Newsom signed into law Assembly Bill 98 (“AB 98”), which [...]
- Land Development Update COVID-19 March 19, 2020
  
  March 19th, 2020
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- While regulators and the regulated community grapple with the long-term implications of COVID-19 on the design, construction, and operation of buildings, and integration with public [...]
- Buchalter Client Alert: Land Development and Regulatory Compliance Update (March 13, 2020)
  
  March 13th, 2020
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- MARCH 13, 2020 On March 11, Governor Newsom issued a wide-ranging Executive Order in response to the COVID-19 public health emergency. Some provisions aim to [...]
- Buchalter Client Alert: Land Development and Regulatory Compliance Update (March 11, 2020)
  
  March 11th, 2020
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- March 11, 2020 Today, the Contra Costa County Board of Supervisors adopted resolutions to proclaim the existence of a local emergency and request that [...]
- Environmental, Health & Safety Update COVID-19 March 9, 2020
  
  March 9th, 2020
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- Employers have a duty to provide their employees with a safe workplace free of occupational hazards. For certain workplaces that are more likely to expose [...]
- Stormwater Permitting: July 1, 2015 Registration Deadline Approaches for Industrial Facilities
  
  June 16th, 2015
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- By: Douglas E. Wance, Esq. and Lori Pettegrew, Senior Environmental Specialist Buchalter Nemer Client Alert, June 2015 On July 1, 2015, new and existing [...]
- California’s Water Woes: A Deeper Look at the Sustainable Groundwater Management Act
  
  May 18th, 2015
- By: Douglas Wance, Esq., Howard Ellman, Esq. and Kimberly Huangfu, Esq. WaterWorld, May Issue, 2015
- What the Drought Emergency Declaration Means for Your Business
  
  April 6th, 2015
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- By: Douglas E. Wance, Esq. and Howard N. Ellman, Esq. Buchalter Nemer Client Alert, April 2015 By Executive Order B‑29‑15, signed on April 1, 2015, Governor [...]
- Title 24: What the Future of Energy Efficiency Regulations Means for Commercial Landlords and Tenants
  
  December 11th, 2014
- By: Kimberly Huangfu, Esq. and Manny Fishman, Esq. Although the current atmosphere is one of uncertainty as to how Title 24 will be implemented and how [...]
- Points & Authorities, Fall 2014
  
  December 8th, 2014
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- Santa Monica Airport Commission’s Proposal to Limit Aircraft Access by Limiting Emissions is Foreclosed by Federal Law
  
  May 6th, 2014
- By: Barbara Lichman, PhD The Santa Monica Airport Commission has recently made a proposal to limit access of certain aircraft to Santa Monica Airport by [...]
- Decision in Pirker Case Invokes Specter of Local Regulation of Unmanned Aircraft Systems
  
  April 21st, 2014
- By: Barbara Lichman, Ph.D. While many members of the growing community of developers, manufacturers and operators of Unmanned Aircraft Systems (“UAS”) have expressed enthusiasm at [...]
- FAA Pushes Back Against Advocates of Unregulated Drone Operations
  
  April 17th, 2014
- By: Barbara Lichman, Ph.D. The Federal Aviation Administration (“FAA”) has appealed a recent National Transportation Safety Board administrative decision, Administrator v. Pirker, NTSB Docket CP-217, [...]
- Appellate Court Grants Wide Discretion to Newhall Land and Farming Project Proponents in the Determination of the Significance of Greenhouse Gas Emissions Under CEQA
  
  March 31st, 2014
- By: Barbara Lichman, Ph.D. The California Court of Appeal last week reversed a lower court decision that would have indefinitely delayed the development by Newhall [...]
- EPA Extends Public Comment Period for “Standards of Performance for Greenhouse Gas Emissions from New Stationary Sources: Electric Utility Generating Units”
  
  March 7th, 2014
- By: Barbara Lichman, Ph.D. On March 6, 2014, the Environmental Protection Agency (“EPA”) announced the 60-day extension of the comment period for the January 8, [...]
- High Court Goes a Second Round with Environmental Protection Agency Over Greenhouse Gas Emission Regulations
  
  February 28th, 2014
- By: Barbara Lichman, Ph.D. On Monday, February 24, the United States Supreme Court watched the Environmental Protection Agency (“EPA”), industry groups and sympathetic states take [...]
- Judge Blocks City of Santa Monica’s Latest Effort to Close the Santa Monica Airport
  
  February 20th, 2014
- By: Barbara Lichman, Ph.D. Predictably, Judge John Walter of the Los Angeles Federal District Court summarily dismissed a lawsuit brought by the City of Santa [...]
- El Paso County Seeks Control Over Colorado Springs Airport
  
  January 27th, 2014
- In an exercise of regulatory zeal, El Paso County, Colorado (“County”) now requires that City owned Colorado Springs Airport (“Airport”) obtain a permit from the [...]
- California Legislators Successful in Obtaining Relief from Helicopter Noise
  
  January 22nd, 2014
- California Legislators Senator Dianne Feinstein and Representative Adam Schiff of Burbank achieved the seemingly impossible in Congress’ January 14 passage of the $1.012 trillion Omnibus [...]
- U.S. Supreme Court’s Koontz Decision Seemingly Broadened Landowner Protection in the Realm of Regulatory Takings Law, While Leaving Several Intriguing Questions Unanswered
  
  September 1st, 2013
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- By: Howard Ellman, Esq. and Kimberly Huangfu, Esq. Most media coverage of the Supreme Court’s recently concluded term focused on cases dealing with marriage equality, [...]

Wesley Felice

Brian C. Fish

Lotus Fung

Alicia Guerra

Barbara Lichman, Ph.D.

David A. Lurker

Braeden J. Mansouri

Jay L. Paxton

Dallis Nordstrom Rohde

Thomas M. Sherwood

Michael Shonafelt

Douglas E. Wance