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

Publication

The Huawei Trade Secrets Prosecution and What It Means for Business

by Jessica K. Nall and Janice W. Reicher [1] As the world watches the political and legal battles between the U.S. government and Chinese telecom giant Huawei unfold in the headlines, many are asking...

Read More
Event

Women in Cleantech & Sustainability

Lysondra Ludwig will speak at the WCS Talks - a full day TED-Style event and startup pitch competition hosted by Google.

Read More
Publication

Statement on Criminal Justice Reform

Bill Keane is an editor of the Statement on Criminal Justice Reform published by the American College of Trial Lawyers. Bill is an ACTL fellow and chairs the Federal Criminal Procedure Committee. Link to...

Read More
News

40 Farella Braun + Martel Attorneys Named to 2019 Northern California Super Lawyers and Rising Stars

SAN FRANCISCO, July 8, 2019: Forty Farella Braun + Martel attorneys across practice areas were named to the Super Lawyers and Rising Stars lists of top attorneys in Northern California for 2019. Farella attorneys...

Read More
News

Farella Client CNEX Labs Prevails In High-Stakes Trade Secrets Trial Against Huawei

SAN FRANCISCO, June 26, 2019: Following a three-week trial, a Texas federal jury ruled in favor of Farella Braun + Martel client CNEX Labs, Inc., clearing CNEX of all allegations of trade secret misappropriation...

Read More
Event

Complex Civil Litigation Symposium

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

Read More
Publication

How a Robot Named 'Tappy' Could Cripple Huawei

In the ongoing confrontation between the U.S. government and Chinese telecom giant Huawei, a civil trade secret dispute between two companies that might have resolved without much fanfare in previous years has grown into...

Read More
Publication

Employers Have Less Than Six Months Left to Complete New Mandatory Sexual Harassment Training

If you have not yet made arrangements to comply with the new California sexual harassment training requirements, now is the time to put those plans in place. Under a new law that took effect...

Read More
Event

Bay Area Opportunity Zones 2.0

On the heels of recently released regulation by the US government, we dive back into the state of OZs in the Bay Area. What You'll Learn What are the most important takeaways from the...

Read More
News

Lysondra Ludwig Selected to Leadership San Francisco

Read More