Representative Cases and Matters for David Lazerwitz

Project Permitting, Development and Operation

Represented First Solar, Inc. in the real estate, permitting, development, construction and financing support of over 2.5 GW of utility-scale solar and solar-plus-storage projects including: 150 MW North Rosamond Solar Project (Kern County, CA), 100 MW Willow Springs Solar Project (Kern County, CA), 150 MW Sun Streams Solar Project (Maricopa County, Arizona), 65 MW Sun Streams PVS Solar and Battery Storage Project (Maricopa County, Arizona), 550 MW Desert Sunlight Solar Farm (BLM, Riverside County, CA), 550 MW Topaz Solar Farm (San Luis Obispo 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 real estate, permitting and development of utility-scale solar and solar-plus-storage 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 O&M 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 on BLM land in Riverside County, California).

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

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

Publication

10 Tips for Mandatory Covid-19 Vaccination Policies

The Biden administration recently announced that it will be mandating Covid-19 vaccine policies for federal contractors and federal employees, as well as for employers with over 100 employees. This announcement, along with surging Delta...

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Google Wins Unanimous Verdict in Patent Case in Western District of Texas

Farella Braun + Martel client Google LLC won a complete defense verdict from a Texas federal jury in the Western District of Texas on October 6. At issue were allegations that Google's Nest Hub...

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News

‘A Seismic Shift’: How California Law Firm Leaders Are Managing Through Continued Uncertainty

Farella Braun + Martel Managing Partner Brian Donnelly spoke with  The Recorder  for the article "‘A Seismic Shift’: How California Law Firm Leaders Are Managing Through Continued Uncertainty" discussing what law firm leaders have...

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Publication

How to Guard Against 3 Cannabis Cyber Attack Risks

Cyber attacks are now commonplace. Ransomware attacks, in particular, have skyrocketed in frequency and size. High-profile data breaches have cost businesses in the United States millions of dollars in losses and incalculable reputational harm...

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Event

Creating a Fantastic Workplace Culture: Vault.com Best Midsize Law Firm Panel

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Publication

Pushing for Diversity in Philanthropy

Farella's Wendy Hernandez and guest speaker, Afshan Paarlberg, assistant visiting professor at Indiana University Lilly Family School of Philanthropy, for the nonprofit industry program "Pushing for Diversity in Philanthropy." A pressing question for many...

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Publication

No Quarter: What Claims Doesn’t Section 230 of the Communications Decency Act Protect Platform Companies Against?

Depending on what you read or who you talk to, Section 230 of the Communications Decency Act (47 U.S.C. § 230) (CDA) is either a tool of censorship, a shield of Big Tech that...

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News

US Govt. Promises Additional Offshore Wind Lease Sales, Offers Greater Certainty

John Ugai spoke to  Net-Zero Business Daily for the article "US Govt. Promises Additional Offshore Wind Lease Sales, Offers Greater Certainty." Read his commentary and the full article here .

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Event

Cannabis Farms in the Neighborhood: Water, Contaminants and Other Proximate Matters (Webinar)

Join Farella's Buzz Hines and guest speakers, Kari Campbell-Bohard from EpicVeg and Lompoc Valley Cooling and Robert Schultz from Geo Blue Consulting, in the discussion on "Cannabis Farms in the Neighborhood: Water, Contaminants and...

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Event

Emerging Contaminants and the Law (Right Now)

Sarah Bell is presenting "Emerging Contaminants and the Law (Right Now)" during the "Contaminants of Emerging Concern and Superfund: What Lies Ahead" session discussions on November 18 at the SETAC North America 42nd Annual Meeting.  Details...

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