Wendy Lee Bogdan
Experience
Chair of Downey Brand's Energy,
Land Use and Minerals Practice Management Group.
CEQA and NEPA
Represent public lead agencies and private proponents
of residential, commercial, pipeline, terminal, natural gas electric
generation, mining, recreational resort, hydro-electric, water supply,
and flood control projects on CEQA and NEPA compliance:
Identify appropriate lead agencies
Identify activities exempt or excluded from CEQA or NEPA review
Define project objectives and purpose and need
Determine scope of project and alternatives
Select baseline for identifying impacts
Evaluate cumulative impacts
Choose appropriate CEQA and NEPA documents for compliance
Identify thresholds of significance
Tier from existing CEQA and NEPA documents
Draft Findings, Mitigation and Monitoring Programs, Statement of
Overriding Considerations, Notices of Determination, and Records of
Decision
Develop and implement compliance strategies integrating CEQA and
NEPA compliance through joint documents and with other regulatory
requirements including the Clean Water Act, the Rivers & Harbors
Act, the federal Endangered Species Act, the National Historic Preservation
Act, the Porter-Cologne Water Quality Act, the California Fish &
Game Code, the California Endangered Species Act, state law for fully
protected species, state land use planning law, and analogous local
requirements
Representative Projects:
Oil and gas pipeline and terminal facilities
Natural gas electricity generation
12,000 acre residential, commercial,
and industrial development in southern California
Construction and operation of automotive facilities
Extension of time periods for vesting water rights
Shipping port's entry into lease for, and construction and operation
of. facility for cement importation and distribution
Creation of new aggregate mines and expansion of existing mines
Update on ski-resort master plan
Federal Energy Regulatory Commission relicensing and modification of
existing hydroelectric project
Installation and operation of positive barrier fish screen at water
intake pumps used to irrigate 50,000 acres of agriculture
Maintenance of flood control and irrigation structures
Wetland Regulation, Water Quality, and Water Supply
Represent commercial, industrial, and public proponents
of projects located in or using water, in application for and implementation
of:
Individual permits, Nationwide permits, and Letters of Permission
under Section 404 of the Clean Water Act
Certification under Section 401 of the Clean Water Act
Permits under Section 10 of the Rivers and Harbors Act
Waste Discharge Requirements under the Porter-Cologne Water Quality
Act
Defend permittees in enforcement actions brought by local and state
permitting agencies
Advise commercial, industrial, and public water users regarding the
impacts of CEQA, NEPA and other land use and environmental laws, including
the state and federal Endangered Species Acts, upon water rights
Advise commercial, industrial, and public water users regarding strategies
for analysis of water supply within CEQA documents
Endangered Species
Represent commercial, industrial, and public entities
in developing compliance strategies under Sections 7 and 10 of the federal
Endangered Species Act and under Sections 2081 and 2080.1 of the state
Endangered Species Act:
Review and comment on Biological Assessments, draft Biological Opinions,
and Habitat Conservation Plans
Review and comment on proposed critical habitat designations
Identify baselines for evaluating potential take of listed species
Identify potential take under state and federal Endangered Species
Act
Evaluate likelihood of adversely affecting listed species or critical
habitat
Evaluate cumulative impacts
Negotiate mitigation packages
Negotiate and draft conservation easements
Negotiate and draft mitigation bank for sale of credits to third
parties impacting species listed under the federal Endangered Species
Act
Land Use
Represent residential, commercial, industrial, and public
project proponents through General Plan, Specific Plan, sphere of influence
and annexation approvals
Represent private landowner in federal eminent domain disputes
Draft and negotiate conservation and other easements and right-of-ways
Mining
Represent mining companies in permitting of new aggregate
mines and expansion of existing aggregate mines under the Surface Mining
and Reclamation Act
Represent mining companies in vested rights disputes
Negotiate and implement federal mineral sales contracts
Due diligence prior to potential purchase of existing gold mine
Ninth Circuit Amicus Brief regarding federal preemption of local permitting
of aggregate mine
Litigation
Represent lead agencies in litigation regarding the approval
of industrial uses and flood control projects
Ninth Circuit Amicus Brief representing industry trade group
Represent private project proponents in litigation regarding CEQA compliance
and design review
Represent permittees through administrative enforcement actions
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