The Klamath River Renewal Corporation (KRRC) proposes to take ownership of four PacifiCorp dams on the Klamath River—JC Boyle, Copco, No. 1 & 2, and Iron Gate—and then remove these dams, restore formerly inundated lands, and implement required mitigation measures in compliance with applicable federal, state, and local regulations. Removal of the four hydroelectric dams is the first crucial step to restore the health of the Klamath River and the communities that depend upon it. In order to accomplish these objectives, KRRC must first obtain approval from the Federal Energy Regulatory Commission (FERC). For the three dams within California (the JC Boyle Dam is in Oregon), KRRC must also obtain the approval of the State Water Resources Control Board. RMM attorney Jim Moose is part of the team of attorneys assisting KRRC with the acquisition of the approvals needed for removal of the three facilities within California.

The proposed CalVTP directs implementation of vegetation treatments on public and private land across the state as one component of the state’s efforts to reduce the risk of loss of lives and property, reduce fire suppression costs, and protect natural resources from wildfire. The California Board of Forestry and Fire Protection began analyzing the proposed program in early 2019 to consider and disclose the environmental effects of expanding CalFire’s vegetation treatment activities to cover a total of 250,000 acres per year (up from 33,000 acres per year on average in previous years) to help achieve the Governor’s goal of 500,000 annual acres of treatment on non-federal lands (Executive Order B-52-18). Vegetation treatments include wildland-urban interface fuel reduction, fuel breaks, and ecological restoration, through activities such as prescribed burning, mechanical and manual vegetation removal, prescribed grazing, and herbicides. RMM attorneys Jim Moose and Sabrina Teller advise the Board of Forestry regarding the preparation and certification of a Program EIR for the project.

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.

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 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.

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.

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.

Metro’s Westside Subway Extension will extend the Purple Line nine miles west, from downtown Los Angeles to the West Los Angeles Veterans Affairs Hospital, traveling along the busy Wilshire corridor. The $7.8 billion project will provide a fast, reliable, high-capacity, and environmentally-sound transportation solution, serving as a primary connector between residential communities throughout Los Angeles County and the very dense regional job centers in the Westside. The Project will result in significant environmental benefits such as air quality improvements, congestion relief, economic development, and increased mobility. The project has drawn 10 lawsuits in state and federal court, alleging violations of CEQA, NEPA, the Public Records Act, the Public Utilities Code, and Section 4(f) of the Department of Transportation Act. RMM has successfully defended Metro in those lawsuits, leading to the published opinion in Beverly Hills Unified School Dist. v. Los Angeles County Metropolitan Transportation Authority (2015) 241 Cal.App.4th 627. Tiffany Wright is RMM’s lead attorney for Metro.