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Brian J. Plant

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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

Waste Management

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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

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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

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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

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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

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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

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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.

Friant Ranch Specific Plan (Fresno County)

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Friant Ranch Specific Plan (Fresno County)

Since 2011, Jim Moose and Tiffany Wright have represented Friant Ranch LP, proponents of the Friant Ranch Specific Plan, in three CEQA lawsuits over the EIR for that project. After vigorously defending the cases in the trial court, Mr. Moose and Ms. Wright helped their client settle two of the three cases. The third lawsuit resulted in a 2018 decision by the California Supreme Court, Sierra Club v. County of Fresno, which requires that air quality analyses in EIRs attempt to substantively connect air quality impacts to likely health consequences. Mr. Moose and Ms. Wright continue to represent Friant Ranch, LP, on remand from the Supreme Court.

Port of Los Angeles – Everport Expansion and the Marine Oil Terminal Engineering and Maintenance Program

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Port of Los Angeles – Everport Expansion and the Marine Oil Terminal Engineering and Maintenance Program

Berths 226236 [Everport] Container Terminal Improvements Project. Andee Leisy and Laura Harris assisted the Los Angeles Harbor Department’s Environmental Management Division and consultant team with preparation of an Environmental Impact Report/Environmental Impact Statement, prepared pursuant to CEQA/NEPA for the expansion and related improvements of the Everport/Evergreen terminals at the Port of Los Angeles. Ms. Leisy and Ms. Harris reviewed and commented on administrative draft sections of the EIR/EIS and assisted with responses to comments. The Board unanimously certified the EIR as adequate on October 19, 2017. Although numerous comments were received on the Draft EIR/EIS from environmental groups, no litigation was filed. RMM is also assisting the Port with numerous environmental documents as part of its Marine Oil Terminal Engineering and Maintenance (MOTEMs) improvement program. Andee Leisy and Tiffany Wright are the lead RMM attorneys for the Port.

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