The Land Use and Environmental Law Department has represented businesses, small and large and public entities, in obtaining land use entitlements and complying with California and federal environmental and natural resource laws.
We offer representation in the area of land use and environmental law to clients who seek the responsiveness and value that a specialized group of attorneys can provide. With offices located in California's state capital, our attorneys are close to the lawmakers, state agencies and regulatory bodies that shape this complex and changing area of the law. Our expertise is necessarily broad, encompassing land use and environmental permitting, hazardous waste, regulatory matters, and litigation under the major federal and state statutes.
California Environmental Quality Act ("CEQA")
We have extensive experience in CEQA compliance and litigation. Our attorneys advise clients through permitting and CEQA compliance processing and have handled a number of matters of statewide significance in this area. We have particular experience in the application of CEQA to the promulgation of statewide regulation under CEQA's functional equivalent rules.
Land Use and Development Permitting
We represent numerous private clients in obtaining a variety of development permits and other regulatory approvals on the state, local and federal level, including conditional use permits and other land use and zoning entitlements. We also advise out-of-state clients on compliance with California environmental regulations. Our expertise is particularly diverse in this area, including advising clients, and handling contested matters, concerning California regulation of pesticides, and mining and reclamation requirements.
Surface Mining and Reclamation
We not only counsel clients as their mining and reclamation projects move through various permitting processes but we also defend the clients’ entitlements at the administrative level and, if needed, in court. We represent state and national trade associations in the legislative and rule-making process and handle regulatory challenges in court. We have extensive experience in working with the California Department of Conservation and the State Mining and Geology Board. We regularly comment upon, and if necessary litigate, important issues of interpretation regarding California’s Surface Mining and Reclamation Act ("SMARA").
Vested Rights/Permit Defense
We have extensive experience in advising clients regarding the scope of vested mining rights, and vested permit rights in general. Specific legal rules govern both a mine operator’s right to expand vested operations to serve growing markets and the right of governmental agencies to regulate such land uses. We were lead counsel in the landmark California Supreme Court case, Hansen Bros. Enterprises v. County of Nevada, 12 Cal. 4th 533 (1996), which helped define mining rights under state law, and provided guidelines determining the extent to which government agencies could impose new regulations on existing mining operations.
Air Quality
Our attorneys handle air matters on the local, state and federal level and have advised private and public entities in all aspects of air regulation. We represent businesses and governmental agencies in connection with compliance with air quality laws and in defending against claimed violations of those laws. We represent counties promulgating and enforcing air quality regulations. We also advise clients on air toxics regulation under California’s Tanner Act, including the regulation of naturally-occurring substances such as silica and asbestos.
Contaminated Properties
We represent public and private clients in the development of historically contaminated properties in urban areas, i.e. brownfields. We have particular experience in the application of the California Redevelopment Law, the Polanco Act, CERCLA, the Porter-Cologne Water Quality Control Act, and California’s Superfund law. We also have extensive experience in connection with soil and groundwater cleanup, representing several clients before the State Underground Storage Tank Cleanup Fund.
International Mining
Diepenbrock Harrison attorneys provide important services to its international mining clients, including all aspects of mineral acquisition, permitting, environmental compliance, joint venture development and finance for coal, uranium, and hard minerals. In this capacity Diepenbrock Harrison also advises clients on the Foreign Corrupt Practices Act.
Endangered Species Act
We represent clients on numerous issues relating to the Federal and State Endangered Species Act. These issues include, among others, representing clients in both the section 7 and section 10 consultation process, handling issues regarding species designations, and representing clients during the critical habitat designation process.
Fish and Game
We work with the California Department of Fish and Game in obtaining permits for fish and wildlife protection. This experience includes resolving disputed matters, in administrative proceedings and court cases, for issuance of 1600 agreements.
National Environmental Policy Act ("NEPA")
We represent clients complying with the environmental review process under NEPA. We also represent clients challenging non-compliance with NEPA by federal agencies and "hybrid" agencies such as the Tahoe Regional Planning Agency.
Oil & Gas Practice
Diepenbrock Harrison's oil and gas practice offers the full spectrum of representation to oil and gas producers. We advise clients throughout the U.S. and around the world on a broad range of oil and gas transactional and regulatory projects, from oil and gas exploration and infrastructure entitlements to the marketing of finished products to the customer.
Regulatory Challenges
In adopting regulations, state, regional and local agencies must comply with specific provisions of California law known as the Administrative Procedure Act. We have extensive expertise in handling these matters at the administrative level and in litigating these issues in state and federal court on behalf of state and national clients. Our clients include large automobile manufacturers, state and national trade groups as well as private industry.
Water Quality
We advise clients on the applicability of federal and state law governing water quality and in obtaining necessary permits. We defend private and public entities in enforcement actions and citizen suits brought under the various water quality statutes.
Water Rights
We advise clients on the scope of their water rights and have represented public and private entities in connection with flood damage claims and disputes over changes to natural water courses.
