Representative Cases and Matters for David Lazerwitz

Project Permitting, Development and Operation

Represented First Solar, Inc. in the permitting, development, construction and financing support of over 1.5 GW of utility-scale solar projects including:  550 MW Desert Sunlight Solar Farm (BLM, Riverside County, CA), 140 MW Campo Verde Solar Project (Imperial County, CA), 200 MW Switch Station 1 & 2 Projects (BLM Dry Lake SEZ, Clark County, NV), Silver State 50 MW North and 250 MW South Projects (BLM, Clark County, NV), 280 MW California Flats Solar Project (Monterey and San Luis Obispo Counties, CA), and 100 MW Sunshine Valley Solar Farm (Nye County, NV); and diligence and acquisition support for the 250 MW Moapa Southern Paiute Solar Project, NextLight Renewable Power, LLC project pipeline and Edison Mission Group’s solar project pipeline.

Representing First Solar, Inc., in the permitting and development of 350 AVEP Solar/Storage Project (Kern County, CA).

Represented NextEra Energy Resources, LLC in the permitting and development of utility-scale solar projects including the 750 MW McCoy Solar Energy Project (BLM, Riverside County, CA), 500 MW Blythe Solar Power Project (BLM, CEC); current permitting and development of 500 MW Yellow Pine Solar Project (BLM); on-going operations of the existing Blythe, McCoy/Arlington and Desert Sunlight Solar Farm; and environmental and permitting diligence for the 1.3 GW Eagle Crest Pumped Storage Hydroelectric Project.

Representing Calpine Corporation in connection with environmental, permitting and land use issues associated with its 725-megawatt Geysers geothermal facilities in Lake and Sonoma Counties.

Represented FMC Corporation in connection with Clean Water Act jurisdiction/permitting for redevelopment of former industrial sites in Alameda County.

Represented True Green Capital, LLC with permitting and financing support for multiple commercial rooftop and carport solar projects in LADWP service territory/feed-in-tariff program; and diligence and development of commercial rooftop solar projects at Camp Pendleton Marine Corps Base (California) and Buckley Air Force Base (Colorado).

Represented diversified international energy company in permitting and environmental diligence support for acquisition of 300 MW utility-scale solar project pipeline in Western and Southeastern United States.

Represented private equity fund in permitting and environment support for acquisition of operating utility-scale wind energy project in Kern County.

Represented lender in permitting and environmental diligence to support financing of two combined cycle natural gas plant retrofits and development of 300 MW battery energy storage facility in Southern California.

Representing DTE Energy in defense of administrative compliance for Sunshine Canyon Landfill Gas-to-Energy Plant (Los Angeles County).

Representing GlidePath Power in the permitting of utility-scale battery energy storage facility at the Cabazon Wind Energy Center (BLM, Riverside County).

Representing Recurrent Energy LLC in the permitting and development of the 300MW Crimson Solar/Storage Project (BLM, Riverside County).

Environmental Litigation

Represented seven regional environmental organizations in successful challenge overturning BLM’s designation of over 5,000 miles of off-road vehicle route designations in the California Desert Conservation Area, Western Mojave Planning Area, and award of attorney’s fees in the U.S. District Court for the Northern District of California.

Represented intervenor State of Alaska in successful defense of National Marine Fisheries Service decision under the Endangered Species Act to not list the ribbon seal as threatened or endangered in the U.S. District Court of the Northern District of California and U.S. Court of Appeals for the Ninth Circuit.

Represented intervenor Syngenta Seeds, Inc. in successful defense of U.S. Department of Agriculture’s compliance with NEPA in approving agricultural use of genetically engineered sugar beets in U.S. District Court for the Northern District of California and U.S. Court of Appeals for the Ninth Circuit.

Represented railroad owner in successful defense of Clean Water Act citizen’s suit involving historic operation of railroad switchyard in the U.S. District Court for the Northern District of California.

Representing Eagle Crest Pumped Storage Hydroelectric Project as intervenor in defense of BLM Decision Record and Plan Amendment approving project in two challenges before the Interior Board of Land Appeals and litigation in the U.S. District Court for the Eastern District of California.

Representing lessee of property leased from Clark County and subject to prior grant from BLM under Southern Nevada Public Lands Management Act in U.S. District Court for the District of Nevada.

Appellate Litigation (U.S. Department of Justice)

Pueblo of Sandia v. Babbitt, 231 F.3d 878 (D.C. Cir. 2000), represented Department of the Interior (“DOI”) and U.S. Forest Service (“USFS”) in defending Administrative Procedure Act (“APA”) claims seeking to revise the Pueblo’s historic grant boundary.

Warren v. United States, 234 F.3d 1331 (D.C. Cir. 2000), represented DOI in Quiet Title Action claim property interest in Navassa Island under Guano Islands Act of 1856.

Cermak v. Department of the Interior, 234 F.3d 1356 (Fed. Cir. 2000), represented Bureau of Indian Affairs (“BIA”) in defending cancellation of allotment land rights to deceased member of the Mdewakanton Band of Sioux Indians.

Shell Offshore, Inc. v. Babbitt, 238 F.3d 622 (5th Cir. 2001), represented DOI in APA claims challenging DOI’s decision denying request to use Federal Energy Regulatory Commission published tariff rate for oil transportation cost in calculating royalties.

Citizens Against Rails-to-Trails v. Surface Transportation Board, 267 F.3d 1144 (D.C. Cir. 2001), represented Surface Transportation Board decision to permit discontinuance of rail operations and to issue certificate of interim trail use and compliance with NEPA.

United States v. Srnsky, 271 F.3d 595 (4th Cir. 2001), represented USFS in National Forest Management Act (“NFMA”) action seeking to compel landowners to apply for special use permit.

Tillamook County v. U.S. Army Corps of Engineers, 288 F. 3d 1140 (9th Cir. 2002), represented U.S. Army Corps of Engineers (“USACE”) in defending NEPA compliance in connection with issuing Clean Water Act Section 404 permit for reservoir expansion.

Canova v. Shell Pipeline Co. (and Department of Energy), 290 F.3d 753 (5th Cir. 2002), represented DOE in connection with claims arising from pipeline easement used for Strategic Petroleum Reserve and use by Shell.

Coal Operators and Associates, Inc. v. Babbitt, 291 F.3d 912 (6th Cir. 2002), represented Department of the Interior in Surface Mining Control and Reclamation Act action with plaintiff seeking $1.3 billion in damages in connection with Abandoned Mine Reclamation Fund.

Idaho Watersheds Project v. Hahn, 307 F.3d 815 (9th Cir. 2002), represented BLM in defending grazing decisions in APA and NEPA action interpreting BLM’s grazing regulations and jurisdictional requirement for final agency action under the APA.

Hawthorne Land Co. v. Equilon Pipeline Co. (and Department of Energy), 309 F. 3d 888 (5th Cir. 2002), represented intervenor DOE in Strategic Petroleum Reserve oil pipeline right-of-way dispute.

Campanale & Sons, Inc. v. Evans, 311 F.3d 109 (1st Cir. 2002), represented National Marine Fisheries Service (“NMFS”) in Magnuson-Stevens Act and NEPA action challenging NMFS establishment of fishing quotas for the American lobster fishery.

Southern Utah Wilderness Alliance v. Bureau of Land Management, 69 Fed. Appx. 927 (10th Cir. 2003), represented BLM in trespass counter-claims against three Utah counties for actions on BLM property.
 

Firm Highlights

Event

CalCPA: Wine Industry Conference

Lauren Gilbreth will present the session "Succession Planning" at the CalCPA - Wine Industry Conference. The ever dynamic wine industry is fraught with complicated tax, labor and accounting issues. Please join us as we...

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News

Farella Braun + Martel Advises on Sale of 2,300-Acre Foote Ranch

Farella Braun + Martel represented a trust that owned 50% of the iconic 2,300-acre Foote Ranch in Sonoma, California in disputes with the ranch’s co-owners and in the subsequent $23.7 million sale of the...

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Publication

3 Lessons For Calif. Insureds From Late-Notice Rule Decision

In Pitzer College v. Indian Harbor Insurance Company,[1] the California Supreme Court resolved two previously open questions in insurance law: (1) it concluded that the notice-prejudice rule[2] is a fundamental public policy of California...

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Publication

Facebook Suspends Apps That Scrape Data From Its Platform Following Cambridge Analytica Scandal

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Event

Complex Civil Litigation Symposium

Doug Dexter is a member of the planning committee for the 2019 Complex Civil Litigation Symposium.

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News

Ninth Circuit Upholds Data Miner's Injunction Against LinkedIn

The U.S. Court of Appeals for the Ninth Circuit sided with data analytics company hiQ Labs, Inc. and upheld an injunction barring LinkedIn from blocking it from accessing information made publicly available by the professional networking site’s users...

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News

Kelly Matayoshi Installed as President of UC Hastings College of the Law Alumni Association Board of Governors

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Publication

How Napa County Seeks to Streamline the Winery Permit Process

Recently, local members of the wine industry in the Napa County area of Northern California have been actively engaged with county government in discussions regarding ways to streamline the winery use permit process. Frustrated with...

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Publication

California's AB5 Codifies Stricter Rules for Independent Contractors - What Employers Need to Know

On September 18, 2019, California Governor Gavin Newsom signed into law AB5, codifying the ABC test for distinguishing employees from independent contractors and expanding its application beyond California’s Wage Orders. While AB5 does not...

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Event

Litigating Civil and Criminal Trade Secret Cases: Trends, Best Practices, and Lessons Learned

Trade secret litigation is on the rise, both civil litigation and follow-on criminal prosecution for trade secret theft. Companies are grappling with how to protect their valuable information and minimize risk in their technological...

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