Brian J. Plant

Of Counsel

Mr. Plant joined the firm as Of Counsel in 1996 after his tenure with the United States Department of Justice, Land Use and Natural Resources Division, and practice in the private sector.  Mr. Plant advises public agencies and private project applicants regarding the federal Clean Water Act, federal and state Endangered Species Acts, water quality matters, and the National Historic Preservation Act.  His particular experience is with project permitting and environmental regulatory compliance for infrastructure and transportation projects, master planned communities, mining projects, alternative energy projects, and business and industrial parks.

After graduating from U.C. Berkeley with a B.S. from the School of Conservation and Resource Studies with an emphasis in lake and stream ecology and resource management, Mr. Plant received his J.D. from McGeorge School of Law in 1986.  Mr. Plant served as a Trial Attorney with the United States Department of Justice in Washington, D.C. where he litigated environmental cases throughout the United States. Mr. Plant is a past Board Member of the Sacramento Metropolitan Chamber of Commerce and a past Board Member of the American River Parkway Foundation.  He periodically teaches continuing legal education classes and seminars for Law Seminars International and Lorman.

Representative matters include:

  • California “Water Fix” project: Outside counsel to the California Department of Water Resources for regulatory permitting with respect to the “California Water Fix” project, which involves proposed new water diversion and conveyance facilities for the State Water Project in the northern Sacramento-San Joaquin Delta.  Work with the Department on all phases of permitting associated with federal Clean Water Act section 404 and Rivers and Harbors Act requirements.
  • California High-Speed Rail Authority: Outside counsel regarding state-wide project permitting issues.  Work includes federal Clean Water Act compliance, federal Rivers and Harbors Act (Section 10 and 14), and state law including Porter-Cologne Water Quality Control Act and Fish and Game Code Section 1600 (Lake and Stream Bed Alternation program).
  • Various large scale residential/business park development, Central Valley: Provide analysis under CWA Section 404(b)(1) “Alternatives Analysis” and CWA “Guidelines.”  Work with clients to develop effective permitting strategies and guide applicants through Corps permitting requirements, inclusive of Section 106 of NHPA, Section 401 of the CWA, federal ESA, and CDFG Section 1600 stream bed alteration agreements.
  • Amoruso Ranch Specific Plan, Roseville:  Represent Brookfield Land in providing analysis under CWA Section 404(b)(1) “Alternatives Analysis” and alternatives for regional infrastructure. Work with clients to develop effective permitting strategies and guide applicants through federal and state resource agency permitting requirements, inclusive of Section 106 of NHPA, Section 401 of the CWA, federal ESA, and CDFG Section 1600 stream bed alteration agreements.

Education

  • J.D., University of the Pacific, McGeorge School of Law, 1986
    B.S., Conservation and Natural Resources with emphasis on aquatic/freshwater ecology, University of California at Berkeley, 1982

Professional Affiliations

  • California Bar Association
    • Environmental Law Section
  • Nevada Bar Association
  • Admitted and practiced before the Central and Eastern Federal Districts of California
  • Admitted and practiced before the United States Claims Court
  • Admitted and practiced before the Ninth Circuit Court of Appeals, and admitted to the District of Columbia Circuit Court of Appeals
  • Practiced before the federal courts of the following Districts and Circuits: the Western District of New York, the Eastern District of Virginia, the District of Minnesota, the Western District of Oregon, and the District of Louisiana.
  • Sacramento County Bar Association, Environmental Law Section