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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.
Authored Articles & Publications Feb 15, 2023
Environmental, Energy & Climate Change Law and Regulation Reporter
BB&K Attorneys Discuss Recent Environmental Investigations and Judicial Developments in January Issue
Authored Articles & Publications Jan 15, 2023
Environmental, Energy & Climate Change Law and Regulation Reporter
BB&K Attorneys Discuss Recent Environmental Investigations and Judicial Developments in December Issue
Press Releases Dec 19, 2022
Best Best & Krieger Offers Arthur L. Littleworth Diversity Scholarship in Partnership with ACWA
Applications due March 1
Authored Articles & Publications Dec 15, 2022
Environmental, Energy & Climate Change Law and Regulation Reporter
BB&K Attorneys Discuss Recent Environmental Investigations and Judicial Developments in November Issue
Authored Articles & Publications Nov 21, 2022
Environmental, Energy & Climate Change Law and Regulation Reporter
BB&K Attorneys Discuss Recent Environmental Investigations and Judicial Developments in October Issue
Press Releases Nov 04, 2022
BB&K’s 2023 U.S. News – Best Lawyers “Best Law Firms” Rankings
The 13th of "Best Law Firms" Includes New National Tier 3 Ranking for BB&K
BB&K Event Oct 19, 2022
2022 IMLA Annual Conference
BB&K Attorneys to Present on Tribal Law, E-discovery, Environmental Law, Telecommunications, Federal Government and More
Authored Articles & Publications Sep 15, 2022
Environmental, Energy & Climate Change Law and Regulation Reporter
BB&K Attorneys Discuss Recent Environmental Investigations and Judicial Developments in August Issue
Press Releases Aug 18, 2022
38 BB&K Attorneys Recognized by Best Lawyers for 2023
Three Attorneys Awarded a “Lawyer of the Year” Designation
BB&K In the News Aug 16, 2022
Managing Partner Eric Garner Discusses New Opportunities in Water Law With Daily Journal
Addresses Skills and Traits Needed for Up-and-Coming Water Attorneys
Press Releases Jul 26, 2022
BB&K Attorneys Named to 2022 Northern and Southern California Super Lawyers Lists
Super Lawyers and Rising Stars Honorees Selected for Achievements in Real Estate, Land Use, Employment, Litigation, Government Affairs and More
Authored Articles & Publications Jul 18, 2022
Environmental, Energy & Climate Change Law and Regulation Reporter
BB&K Attorneys Discuss Recent Environmental Investigations and Judicial Developments in June Issue
Authored Articles & Publications Jun 24, 2022
Environmental, Energy & Climate Change Law and Regulation Reporter
BB&K Attorneys Discuss Recent Environmental Investigations and Judicial Developments in May Issue
BB&K In the News Jun 07, 2022
Steve Anderson Discusses California Endangered Species Ruling with Wall Street Journal
Press Releases May 18, 2022
Lauren Langer Recognized as Top L.A. Attorney
Los Angeles Business Journal Honors Standout Legal Talent
Authored Articles & Publications May 17, 2022
Environmental, Energy & Climate Change Law and Regulation Reporter
BB&K Attorneys Discuss Recent Environmental Investigations and Judicial Developments in April Issue
Press Releases May 16, 2022
Best Best & Krieger Announces Inaugural Arthur L. Littleworth Diversity Scholarship Recipient
Scholarship Presented to Saugus High School Senior at Association of California Water Agencies Spring Conference
Press Releases Apr 21, 2022
BB&K’s Alisha Winterswyk Named a Latino Leader Worth Watching
Profiles in Diversity Journal Recognizes Talents and Achievements of Latino Leaders
Authored Articles & Publications Apr 15, 2022
Environmental, Energy & Climate Change Law and Regulation Reporter
BB&K Attorneys Discuss Recent Environmental Investigations and Judicial Developments in March Issue
BB&K In the News Mar 18, 2022
BB&K’s Sarah Foley and Family Featured in The Houston Lawyer
“Law in the Family” Profile Ran in January/February Issue
BB&K In the News Mar 18, 2022
Partner Lowry Crook Discusses Sea-Level Rise with E&E News
Article Addresses Questions Surrounding Federal Coastal Strategy
Authored Articles & Publications Mar 16, 2022
Environmental, Energy & Climate Change Law and Regulation Reporter
BB&K Attorneys Discuss Recent Environmental Investigations and Judicial Developments in February Issue
Press Releases Feb 23, 2022
Best Best & Krieger Launches Arthur L. Littleworth Diversity Scholarship in Conjunction with ACWA
Applications Due March 15
Authored Articles & Publications Feb 16, 2022
Environmental, Energy & Climate Change Law and Regulation Reporter
BB&K Attorneys Discuss Recent Environmental Investigations and Judicial Developments in January Issue
BB&K In the News Feb 01, 2022
Eric Garner and John Brown Publish Art Littleworth Tribute
Tribute Runs as Riverside Lawyer Magazine Cover Story
Authored Articles & Publications Jan 19, 2022
Environmental, Energy & Climate Change Law and Regulation Reporter
BB&K Attorneys Discuss Recent Environmental Investigations and Judicial Developments in December Issue
Authored Articles & Publications Dec 27, 2021
Environmental, Energy & Climate Change Law and Regulation Reporter
BB&K Attorneys Discuss Recent Environmental Investigations and Judicial Developments in November Issue
Authored Articles & Publications Nov 16, 2021
Environmental, Energy & Climate Change Law and Regulation Reporter
BB&K Attorneys Discuss Recent Environmental Investigations and Judicial Developments in October Issue
Press Releases Nov 04, 2021
BB&K’s 2022 Best Law Firms Rankings Include New National Tier 1 Recognition
Numerous Other Gains in 12th Edition of U.S. News – Best Lawyers® Rankings
Authored Articles & Publications Oct 28, 2021
Environmental, Energy & Climate Change Law and Regulation Reporter
BB&K Attorneys Discuss Recent Investigations and Clean Water Act Rulings in August/September Issue
Press Releases Oct 20, 2021
BB&K Pays Tribute to the Late Arthur Littleworth, Former Senior Partner
Firm Honors Littleworth’s Distinguished Character, Trailblazing Water Practice and Rich Legacy
Event Oct 01, 2021
Environmental Regulations, Broadband Property Rights, Records Requests and More
International Municipal Lawyers Association 86th Annual Conference
Press Releases Sep 21, 2021
Municipal Law Attorney Derra Purnell Joins BB&K
Of Counsel Has Noted Public Sector and Compliance Experience in Southwest
Legal Alerts Sep 17, 2021
EPA Withdraws Trump-era Guidance on When Groundwater Releases Require Clean Water Act Permits
Withdrawal expands “functional equivalent” test for discharges that the Supreme Court established in County of Maui v. Hawaii Wildlife Fund
Press Releases Sep 10, 2021
Christopher Pisano Named 2021 Legal Visionary
L.A. Times Business of Law Publication Recognizes Work of BB&K Litigator
Press Releases Aug 19, 2021
32 BB&K Attorneys Recognized on The Best Lawyers in America List for 2022
3 Named “Lawyer of the Year” and 4 Included on “Ones to Watch” List
Press Releases Jul 28, 2021
Partner Amy Hoyt Selected for Leadership Riverside Class of 2022
Graduates of Leadership Riverside go on to advocate for betterment of Riverside
Press Releases Jul 14, 2021
Christopher Pisano Named a Top Litigator by Los Angeles Business Journal
BB&K Partner Recognized for “Hero Pay” Work and More
Press Releases Jul 07, 2021
Seven BB&K Attorneys Named 2021 Northern California Super Lawyers
Attorneys Honored by Legal Industry
Client Successes Apr 21, 2021
Citing Potential Water Waste, Court Sides with California Dam Operators
Federal Court Denies Injunction
BB&K In the News Apr 20, 2021
Legal Analysis Reports Following Groundwater Pumping Decision
Daily Journal and Law360 Go In-Depth on BB&K Antelope Valley Groundwater Adjudication Success
Legal Alerts Apr 19, 2021
Beware of Coastal Act Violations: Court Upholds Coastal Commission’s Authority to Impose up to $20 Million Penalty
Property Owner’s Beach Access Case
Authored Articles & Publications Apr 13, 2021
Court Grants Attorneys' Fees Against City in Development Litigation
CEQA Appellate Court Decision Analyzed by BB&K's Amanda Daams in PublicCEO
Legal Alerts Mar 25, 2021
Appellate Decisions Limiting Groundwater Pumping in an Overdrafted Basin
Antelope Valley Groundwater Basin Adjudication
Client Successes Mar 17, 2021
BB&K Secures Key Groundwater Pumping Rights Ruling
Decision in Antelope Valley Groundwater Basin Adjudication First of its Kind
Press Releases Jan 26, 2021
Six BB&K Attorneys Make Southern California Super Lawyers List
BB&K Attorneys Spanning Across Los Angeles and Irvine Receive 2021 Honor
Legal Alerts Jan 11, 2021
Bringing a Case to Arbitration Should be Easier Following Recent Ninth Circuit Decision
Court Raises the Bar on Appeals Following Voluntary Dismissal
Legal Alerts Dec 10, 2020
EPA Issues Guidance on Groundwater Releases in Wake of Maui v. Hawai’i Wildlife Fund
Clarity Provided for New “Functional Equivalent” Test
Event Nov 20, 2020
California Land Use Law & Policy Conference 2020
Argent Communications Group
Press Releases Nov 05, 2020
BB&K’s 2021 Best Law Firms Rankings Include New Tier 1 Recognitions
Annual U.S. News & World Report and Best Lawyers List
Client Successes Sep 22, 2020
Nevada Water Rights Victory
BB&K Attorney Rod Walston Successful in Public Trust Doctrine Dispute in Nevada Supreme Court
Event Sep 21, 2020
IMLA 2020 Annual Conference
International Municipal Lawyers Association
Legal Alerts Sep 01, 2020
California Supreme Court Clarifies Ministerial vs. Discretionary Actions Under CEQA for Well Construction Permits
Decision in Protecting Our Water and Environmental Resources v. County of Stanislaus Case
Press Releases Aug 20, 2020
36 BB&K Attorneys Recognized on The Best Lawyers in America List for 2021
Three Named “Lawyers of the Year” and One Included on “Ones to Watch” List
Press Releases Jul 10, 2020
Northern California Super Lawyers and Rising Stars 2020
BB&K Attorneys Honored by Legal Industry
Legal Alerts Jan 13, 2020
New Environmental and Telecommunications Laws
Part 3: California Laws Impacting Public Agencies for 2020
Press Releases Dec 17, 2019
Managing Partner Eric Garner Named Environmental Law MVP
Water Law Veteran Honored by Law360
Press Releases Nov 01, 2019
BB&K Achieves High Marks in “Best Law Firms” Rankings for 2020
U.S. News-Best Lawyers in America Annual List Recognizes Many of the Firm’s Premier Practice Areas
Legal Alerts Oct 30, 2019
Clean Water Act: 2015 Jurisdiction Rule Repeal Set to Take Effect Dec. 23
WOTUS Definition Court Challenges Continue
Client Successes Oct 08, 2019
Budget-Based Water Rates Challenge Dismissed
BB&K Successfully Defends Water District
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
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
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
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
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
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
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
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
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
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
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