Author Archives: rmm_admin

Brian J. Plant

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

Andrea K. Leisy

Andrea K. Leisy

Partner

Ms. Leisy joined the firm in 2000 as an associate and became a partner in 2005. She served as managing partner from 2011 through 2016. Her practice focuses on advising and representing public agencies, project applicants and citizen’s groups during administrative proceedings and in trial and appellate litigation, with a focus on issues arising under the California Environmental Quality Act, the State Planning and Zoning Law, the National Environmental Policy Act, the state and federal Endangered Species Act, the Integrated Waste Management Act, and initiative and referendum law as they relate to land use matters.  Ms. Leisy has also worked on projects involving compliance with, or permitting under, the Resource Conservation and Recovery Act, Toxic Substances Control Act, and the Comprehensive Environmental Response, Compensation, and Liability Act. Ms. Leisy regularly teaches CEQA, land use and environmental law continuing education classes and seminars for professional organizations such as the Association of Environmental Professionals (AEP), CLE International, and the California Continuing Education of the Bar program. Current representative matters include:

  • Lead attorney representing Waste Management of California, Inc. and Chemical Waste Management, Inc., in various landfill expansion, TS/MRF, and alternative energy projects, as well as in administrative entitlement processes and litigation throughout the state.
  • Outside counsel to ESA and the California Department of Toxic Substances Control with respect to cleanup of contaminated soil and groundwater at PG&E’s Topock Compressor Station.
  • Outside counsel to the City of Los Angeles and the Port of Los Angeles in various matters subject to litigation, environmental review and entitlements.

Representative Cases Ms. Leisy has been counsel of record in a number of published and unpublished cases which include:

  • Sunset Coalition v. City of Los Angeles (2018) 2018 Cal.App.Unpub.WL 1046243 (Counsel for Respondent City of Los Angeles)
  • Stein et al. v. Alameda County Waste Management Authority (2018) Alameda County Superior Court (Counsel for Waste Management of Alameda County, Inc.)
  • Placerville Historic Preservation League v. Judicial Council of California (2017) 16 Cal.App.5th 187 (counsel for Respondent Judicial Council)
  • County Sanitation Dist. No. 2 of Los Angeles County v. County of Kern (2016) Tulare County Superior Court (counsel for Respondents City of Los Angeles, et al.)
  • City of Irwindale v. City of Azusa (2013) Los Angeles County Superior Court (counsel for Real Party in Interest Azusa Land Reclamation, Inc.)
  • Gale Banks Engineering v. City of Azusa (2013) Los Angeles County Superior Court (counsel for Real Party Azusa Reclamation, Inc.)
  • El Pueblo Para El Aire y Agua Limpio v. Kings County (2012) 2012 Cal.App.Unpub.LEXIS 4984 (counsel for Real Party in Interest)
  • Citizens for Open Government v. City of Lodi (2012) 205 Cal.App.4th 296 (counsel for Real Party in Interest)
  • California Native Plant Society v. County of El Dorado (2009) 170 Cal.App.4th 1026 (counsel for Real Party in Interest).
  • SEIU v. City of Sacramento (2009) 2009 Cal.App.Unub. LEXIS 5409 (counsel for Real Party in Interest)
  • Friends of Old Town v. City of Benicia (2007) (Superior Crt. County of Solano) (counsel for Petitioner)
  • Citizens for Open Government v. City of Lodi (2006) 144 Cal.App.4th 865 (counsel for Real Party in Interest).
  • County of Madera v. City of Fresno (2005) (Superior Crt. County of Fresno) (counsel for Petitioner)
  • Sierra Watch v. County of Placer (2004) (Superior Crt. County of Placer) (counsel for Real Party in Interest)
  • Mtn. Area Preservation Foundation v. Town of Truckee (2002) (Superior Crt. Nevada County) (counsel for Real Party in Interest).
  • Waste Management of Alameda County, Inc. v. City of Fremont (2002) Cal.App.Unpub. LEXIS 6002 (counsel for Real Party in Interest)

Education

  • J.D., Golden Gate University School of Law, 1999
  • B.A., Legal Studies, University of California, Berkeley, 1994
  • B.A., Ethnic Studies, University of California, Berkeley, 1994

Professional Affiliations

  • State Bar of California
    • Environmental Law Section
  • California State Courts
  • United States District Court, Eastern and Northern Districts of California
  • Sacramento County Bar Association
    • Appellate Law Section
    • Environmental Law Section
  • Editor, Climate Change Law & Policy Reporter, 2010-2012
  • Editor, California Land Use & Policy Reporter, 2001-2004
  • Selected for inclusion in the 2014-2019 Northern California Super Lawyers® magazine and Rising Stars section of the 2009-2011 Northern California Super Lawyers® magazine

Community Involvement

  • Board Member, Cottage Housing, Inc. (2008 – 2015)
  • Appointed Member, City/County Sacramento Environmental Commission (2011 – 2013)
  • Member, Advisory Committee, Center for Youth Citizenship (2006 – 2009)
  • Board Member, Volunteers In Parole (VIP) Mentors, Inc. (2005 – 2009)
  • Member, Sacramento City-County Solid Waste Advisory Committee (2003-2008)

Publications

  • Author, A New Era: Consultation with California Native American Tribes and Consideration of Tribal Cultural Resources under CEQA, Vol. 24, No. 1, Environmental Law News, State Bar of California (Summer 2015).
  • Author, California Air Resources Board Endorses Long Anticipated Cap-and-Trade Regulation , Feature Article, California Climate Change Law & Policy Reporter (January 2010).
  • Co-author, Attorney General Sues Squaw Valley USA for Environmental Violations , Feature Article, California Land Use Reporter (March 2002).
  • Author, Inherent Tribal Sovereignty and the Clean Water Act: The Effect of Tribal Water Quality Standards on Non-Indian Lands Located Both Within and Outside Reservation Boundaries 29 Golden Gate U.L. Rev. 139 (Spring 1999).

Whitman F. Manley

Whitman F. Manley

Of Counsel

Mr. Manley’s practice focuses on advising and representing public agencies, project applicants, and citizen’s groups both during administrative proceedings and in trial and appellate litigation. His practice encompasses California and Federal environmental and land use law, including the California Environmental Quality Act, National Environmental Policy Act, California Planning and Zoning Law, Subdivision Map Act, Williamson Act, initiatives and referenda, air and water quality, solid and hazardous waste, forestry, natural resources, endangered species, wetlands and related matters.

Upon graduation from law school in 1987, Mr. Manley spent a year clerking for the late Chief Judge Robert F. Peckham of the Northern District of California. He then joined the environmental section of McCutchen Doyle in San Francisco. In 1991 he moved to Sacramento and joined Remy and Thomas as an associate. He joined the partnership in 1996, became a named partner in 2003, and served as managing partner from 2007 through 2011. He went of counsel in 2014.

Along with Tina Thomas and Jim Moose, he is co-author of Guide to the California Environmental Quality Act (11th ed. 2007, Solano Press Books).

Published Decisions

  • Banning Ranch Conservancy v. City of Newport Beach (2017) 2 Cal.5th 918 (CEQA).
  • Japanese Village LLC v. Federal Transit Administration, 843 F.3d 445 (9th Cir. 2016) (NEPA).
  • Mission Bay Alliance v. Office of Community Investment and Infrastructure (2016) 6 Cal.App.5th 160 (CEQA).
  • Sierra Club v. Tahoe Regional Planning Agency, 840 F.3d 1106 (9th Cir. 2016) (Tahoe Regional Planning Compact).
  • Beverly Hills Unified School Dist. v. Los Angeles County Metropolitan Trans. Auth. (2015) 241 Cal.App.4th 627 (CEQA).
  • Defend Our Waterfront v. California State Lands Com. (2015) 240 Cal.App.4th 570 (CEQA).
  • Citizens for a Sustainable Treasure Island v. City and County of San Francisco (2014) 227 Cal.App.4th 1036 (CEQA).
  • California Clean Energy Committee v. City of Woodland (2014) 225 Cal.App.4th 173 (CEQA).
  • North Coast Rivers Alliance v. Marin Municipal Water Dist. Bd. of Directors (2013) 216 Cal.App.4th 614 (CEQA).
  • Sierra Club v. Tahoe Regional Planning Agency (E. D. Cal. 2013) 916 F.Supp.2d 1098 (Tahoe Regional Planning Compact, CEQA).
  • Stockton Citizens for Sensible Planning v. City of Stockton (2010) 48 Cal.4th 481 (as Amicus Curiae) (CEQA).
  • Sustainable Transportation Advocates of Santa Barbara v. Santa Barbara County Assn. of Governments (2009) 179 Cal.App.4th 113 (CEQA).
  • South Yuba River Citizens League v. National Marine Fisheries Service, 237 F.R.D. 607 (E.D. Cal. 2009) (Federal Endangered Species Act).
  • Friends of the Sierra Railroad v. Tuolumne Park and Recreation Dist. (2007) 147 Cal.App.4th 643 (CEQA).
  • Save Our Neighborhood v. Lishman (2006) 140 Cal.App.4th 1288 (CEQA).
  • Association for Sensible Development at Northstar, Inc. v. Placer County (2004) 122 Cal.App.4th 1289 (CEQA).
  • Friends of Davis v. City of Davis (2000) 83 Cal.App.4th 1004 (CEQA).
  • Citizens for Responsible Government v. City of Albany (1997) 56 Cal.App.4th 1199 (as Amicus Curiae) (CEQA).
  • Chaparral Greens v. City of Chula Vista (1996) 50 Cal.App.4th 1134 (CEQA).
  • Western States Petroleum Ass’n v. Superior Court (1995) 9 Cal.4th 559 (as Amicus Curiae) (CEQA).
  • Natural Resources Defense Council v. California Fish and Game Comm’n (1994) 28 Cal.App.4th 1104 (California Endangered Species Act).
  • Board of Supervisors of Sacramento County v. Local Agency Formation Comm’n of Sacramento County (1992) 3 Cal.4th 903 (CEQA).
  • Ecodyne Corp. v. Shah, 718 F.Supp 1454 (N.D. Cal. 1989) (CERCLA).

Education

  • J.D., Cornell University, 1987 (Order of the Coif, Magna Cum Laude); Editor-in-Chief, Cornell Law Review (1986-1987)
  • A.B., Philosophy, University of California, Berkeley, 1981

Professional Affiliations and Community Activities

  • State Bar of California
  • Environmental Law Section
  • United States Court of Appeals for the Ninth Circuit
  • United States District Court, Eastern and Northern Districts of California
  • Sacramento and Yolo County Bar Associations
  • AV-rated by Martindale-Hubbell (1998 – present)
  • Board member, Center for Natural Lands Management (Fallbrook, CA) (2003 – 2010)
  • Board member, Yolo Basin Foundation (Davis, CA) (2008 – present)
  • President (1997-1998), Board member (1995 – 2000), and chair of legal and endowment committees (1996 – 2000), Stone Lakes National Wildlife Refuge Association
  • Contributing Editor, California State Bar Environmental Law Section, Environmental Law Section Update (2000 – 2017)
  • Instructor, State Bar of California (Continuing Education of the Bar); Judicial Council of California – California Center for Judicial Education and Research (2000 – present)
  • Selected for inclusion in Northern California Super Lawyers® magazine (2006 – present)

Waste Management

Waste Management

For over 20 years RMM attorneys have advised both public and private entities, including Waste Management of California, Inc., in the permitting and expansion of numerous municipal solid waste and hazardous waste landfills, transfer stations, and material recovery facilities throughout California. We have experience assisting lead agencies and project proponents in protecting health, safety and the environment through compliance with CEQA, the Integrated Waste Management Act (AB 939), the Tanner Act and the California Beverage Container Recycling and Litter Reduction Act. Our attorneys also have been involved in bioreactor, landfill-gas-to-energy, and other projects proposed to include emerging technologies in response to the problem of climate change and the need to reduce greenhouse gas emissions. Andee Leisy is the lead attorney at RMM working on waste management issues.

Golden State Warriors “Chase” Arena – Mission Bay, San Francisco

Golden State Warriors “Chase” Arena – Mission Bay, San Francisco

The Golden State Warriors proposed to construct an 18,500-seat event center to host the Warriors’ NBA games, and to provide a state-of-the-art venue for concerts and other functions. The project also includes two 11-story office buildings and retail uses. The 11-acre site is located in the Mission Bay area of San Francisco, adjacent to the bay. The proposal met with unrelenting opposition from a small group of benefactors of UC San Francisco, who wanted to reserve the property for medical research. The City certified the EIR and approved the project in December 2015. The project qualified for a “fast-track” litigation schedule under Assembly Bill 900.

The trial court and First District Court of Appeal both ruled that the EIR was adequate. (Mission Bay Alliance v. Office of Community Investment and Infrastructure (2016) 6 Cal.App.5th 160.) Groundbreaking occurred in January 2017, on the same day the California Supreme Court denied a petition for review, ending the litigation. The EIR prepared by the City has won an award of excellence from the Association of Environmental Professionals, and co-counsel Gibson Dunn received a “California Lawyer of the Year” award for its work. Whit Manley of RMM served as lead CEQA counsel for the Warriors, and argued the case at both trial and on appeal.

Napa Pipe

Napa Pipe

Napa Redevelopment Partners proposed to redevelop the “Napa Pipe” site, a shuttered industrial facility on the east bank of the Napa River, just south of the City of Napa. In 2013, the County certified an EIR and approved a mixed-use project, including a Costco, office and commercial space, and 960 residential units. Although the proposal met with considerable opposition, no lawsuit was filed, and the development agreement and other entitlements are now final. RMM attorney Whit Manley represented the partnership throughout the CEQA and entitlement processes, and continues to work with the County and the City of Napa to move the project to fruition.

Treasure Island Redevelopment – City and County of San Francisco

Treasure Island Redevelopment – City and County of San Francisco

The City and County of San Francisco certified an EIR and approved a plan to redevelop Treasure and Yerba Buena Islands in the middle of San Francisco Bay. The plan calls for a new, mixed-use community, including 8,000 residential units; 140,000 square feet of commercial and retail space; 100,000 square feet of office space; restoration and reuse of historic buildings on Treasure Island; parks and open space; and a new ferry terminal. RMM advised Treasure Island Community Development (a partnership of Lennar Urban and Wilson Meany) during the City’s consideration of the project, and represented the developer in trial and appellate litigation challenging the adequacy of the EIR. The First District Court of Appeal upheld the EIR in a published decision. (Citizens for a Sustainable Treasure Island v. City and County of San Francisco (2014) 227 Cal.App.4th 1036.) Whit Manley served as lead CEQA attorney in the case. Development is now underway.

Village 5 Specific Plan – Lincoln

Village 5 Specific Plan – Lincoln

The Village 5 Specific Plan will guide development on 4,785 acres along the Highway 65 bypass, adjacent to the City of Lincoln. The project includes a wide range of residential housing types, a balanced mix of commercial and business facilities, village centers, schools, fire stations, plentiful open space and parks, a modern and efficient transportation network, and other public and private uses. Tiffany Wright is the lead RMM attorney representing Richland Communities.

Village at Squaw Valley Specific Plan

Village at Squaw Valley Specific Plan

Voted 2016 ‘Best Ski Resort’ in North America by USA Today and Best Readers’ Choice, Squaw Valley/ Alpine Meadows is an internationally renowned mountain resort in North Lake Tahoe that spans over 6,000 skiable acres. The Village at Squaw Valley Specific Plan project includes the development of resort hotel, residential and employee housing, commercial, retail, and recreational uses largely on an already paved parking lot at the base of the ski resort. Andee Leisy and Whit Manley represent Squaw Valley Real Estate LLC in ongoing litigation over the adequacy of the environmental impact report certified by Placer County and related approvals.