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Scott L. ShapiroExperience
Flood Control Law Represent multiple levee improvement authorities as special counsel, general counsel or program manager on all issues including formulation of over a billion dollars of levee improvement programs, before all regulatory agencies including the Central Valley Flood Protection Board, and on all funding acquisition issues Prosecute appeals of FIRMs issued by FEMA under the National Flood Insurance Program Interact with FEMA on issues of floodplain mapping, special hazard flood zones, levee accreditation, and floodmap appeals Counsel private companies, developers, largest association of California flood control agencies, and numerous agencies on flood protection issues Represent flooded landowners in legal action against State, local flood control district, city, and private landowner Develop state and federal legislation and regulation on floodplain management issues Represent public entities in flood liability lawsuit at trial and appellate levels Water Supply Represent water suppliers and developers on preparation of water supply assessments under SB 610 (Costa) and water verifications under SB 221 (Kuehl) Research and execute California riparian right opinion for governmental entity approving development Represent Central Valley developer in negotiations and necessary regulatory approvals to acquire water from water districts and provide water to city approving development Represent public water supply entity in mediation and litigation over issues of water supply for new development Review, revise, and advise public water supplier regarding Urban Water Management Plan Water Due Diligence for Real Property and Corporate Transactions Research and execute California water right opinions for energy company financing and refinancing new and existing facilities Review and assess water rights available for significant planned unit developments in Northern Nevada Review and assessment of all water rights held by Nevada water company to be conveyed to speculator Review and assessment of California water rights held by Nevada utility including effectiveness of documents to convey interests to successor entity Perform due diligence on environmental permits (including flood control permits) prior to bridge loan for development. Water Rights Draft and field water rights applications, amendments, and petitions; negotiate with parties for dismissal of protests to applications; represent water right applicants at State Water Resource Control Board hearings Counsel recipients of State Water Resource Control Board Complaints; including investigating, responding, and resolving issues Represent landowners in disputes with State Water Resources Control Board over jurisdiction of Board Represent California agricultural and hunting interests in water rights adjudication conducted by the State of Oregon in Klamath River Basin Litigation Prepare case and negotiate settlement to $250M claim with United States on behalf of federal water contractors Lead attorney defending city in CEQA lawsuit challenging execution of municipal services agreement Perform trial preparation including taking and defending non-expert and expert depositions and requesting and producing discovery Draft and argue motions and oppositions in California, Nevada, and Federal District Courts and Courts of Appeal Federal Reclamation Law Negotiated numerous interim and long-term water service contracts and settlement contracts with U.S. Bureau of Reclamation, including negotiation of various rate setting methodologies and renewal options Counsel Central Valley Project Contract holders on numerous water related contract and water supply issues Represent municipal water wholesaler on Colorado River in Endangered Species Act Lawsuit Represent municipal water wholesaler on Colorado River in breach of trust lawsuit filed by Navajo Nation Other Representative Experience Advise public agencies on CEQA compliance including drafting of EIR components Counsel public entities on compliance with Fair Political Practices Act, Brown Act, and Proposition 218 issues General Counsel to mutual water company and reclamation groundwater management districts on administrative, water, and litigation matters Expert witness, including trial testimony, in water rights case General
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Copyright 2012 Downey Brand LLP. All rights reserved. |
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