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Environmental Litigation and Mass Tort

Environmental Litigation and Mass Tort

ENR

CEQA / NEPA

Home > Practices > Environmental Litigation and Mass Tort CEQA / NEPA

Gibson, Dunn & Crutcher’s Environmental Litigation & Mass Tort Practice Group routinely represents clients in significant litigation under the National Environmental Policy Act (“NEPA”) and the California Environmental Quality Act (“CEQA”) and counsels clients on land use issues associated with these laws.  Practice Group attorneys have handled all aspects of environmental impact review, including coordination between lead and cooperating agencies, selection and supervision of the applicant's consultant, use of federal agency third-party environmental contractor processes, preparation of applications, scoping of environmental issues, preparation of and commenting on draft and final environmental impact statements and environmental assessments, conduct of public hearings, and representation in NEPA or CEQA challenges.

Representative matters include:

  • Successfully employed NEPA to challenge proposed federal acquisition of extensive tracts of agricultural land in the Florida Everglades. 
  • Represented a public interest group in a challenge to the Forest Service’s permitting practices for dams and diversions projects impacting stream flow on National Forest land and successfully obtained ruling that the Forest Service has responsibility to minimize harm to streams when issuing permits for water projects.
  • Represented new owners of a Hollywood studio in challenge of an EIR for the La Brea Gateway redevelopment project.  Related litigation involved enforcement of an existing development agreement with the City of West Hollywood and defense of an eminent domain proceeding.  The litigation resulted in a favorable settlement for the client that enabled the re-development project to proceed while honoring the pre-existing development agreement.
  • Represented international stereo speaker and television manufacturer in challenge of the City of Pomona's approval of a mitigated negative declaration and related land use approvals for a 1,000 ton per day trash transfer facility.  The litigation resulted in the City's withdrawal of all approvals.
  • Successfully represented Real Party in Interest, an investment company, in both Los Angeles Superior Court and the Court of Appeal, in a CEQA action seeking to block the construction of a large warehouse and distribution facility.
  • Successfully represented Real Party in Interest, a large freight company, in a CEQA lawsuit seeking to block entitlement and construction of a large downtown Los Angeles parcel distribution facility.
  • Represented the petitioner in a challenge to the County of Riverside's certification of an EIR and approval of a Conditional Use Permit for the Eagle Mountain landfill proposed by Mine Reclamation Corp., a Kaiser entity.  The litigation resulted in a judgment overturning the County's approvals and recovery of attorneys' fees.
  • Represented homeowners in a successful challenge of the certification of an EIR and approval of Conditional Use Permits for the extension and expansion of the Puente Hills Landfill.
  • Represents Real Party in Interest in a CEQA matter relating to the development of Bay Meadows Racetrack currently pending in San Mateo County Superior Court.
  • Assists clients in navigating the CEQA approval process including counseling private entities on the preparation of environmental impact reports and statements.
  • Represented a Fortune 100 company in NEPA and CEQA actions against the United States Department of the Interior and California state and local agencies regarding the listing of the Stephens' Kangaroo Rat.
  • Represented a state agricultural organization in prosecuting NEPA and CEQA actions against federal and state agencies arising from the multi-billion CALFED Bay-Delta Program's impacts on agricultural resources.
  • Represented a county agricultural organization in prosecuting CEQA action against a California county in connection with a proposed race track and related development.
  • Represented farmers in prosecuting a CEQA action against the State of California for the improper use of a categorical exemption in connection with the conversion of agricultural land to other uses.
  • Represented a large developer in defending a CEQA action arising from the imposition of improper development fees in connection with a single family housing project.

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