Michael N. Mills

Partner

621 Capitol Mall
18th Floor
Sacramento, CA 95814

Areas of Law:

Environmental, Land Use, Litigation, Oil & Gas, Mining, Water

Admitted to Practice in:

California

EXPERIENCE

Represent private and public entities in civil litigation matters in state and federal courts, as well as in administrative enforcement proceedings.

Advise clients in real estate and oil & gas transactions.

Environmental Litigation and Administrative Enforcement Proceedings

Lead counsel for mining company in complex environmental enforcement action brought by the California Attorney General's Office to require remediation of abandoned mine in Tuolumne County, California.

Lead counsel for mining company subsidiary in complex enforcement action brought by the Alaska Department of Environmental Conservation to require the cleanup of abandoned fuel bunker in Juneau, Alaska.

Lead counsel for Trust established under court-ordered settlement to oversee funds dedicated to, and management of, remediation of abandoned gold mine.

Lead counsel for property owner defendant in complex CERCLA action filed in the United States District Court, Central District of California, seeking contribution resulting from contamination within the El Monte Operable Unit of the San Gabriel Valley Superfund Site.

Lead counsel for property owner defendant in complex CERCLA action filed in the United States District Court, Eastern District of California, seeking contribution for soil and groundwater contamination.

Lead counsel for property owner in negotiation of Corrective Action Consent Agreement with California Department of Toxic Substances Control.

Defended public water agency in complex environmental action brought in the United States District Court, District of Arizona, asserting claims under CERCLA, RCRA, Clean Water Act, as well as other claims.

Defended second largest generator and coordinated representation of joint defense group in municipality's CERCLA cost-recovery action brought in the United States District Court, Northern District of California.

Common counsel to group of cooperating parties in clean up of multi-party superfund site under supervision of the United States Environmental Protection Agency.

Representation of Trust established under court-ordered settlement to oversee funds dedicated to, and management of, remediation of solvent contamination to soil and groundwater in San Joaquin County, California.

Representation and advice on legal and regulatory issues concerning soil and groundwater cleanup projects throughout Northern and Central California.

California Environmental Quality Act (CEQA) Litigation

Lead counsel for plaintiffs in CEQA lawsuit challenging municipality's ordinance to ban plastic carry-out bags in Alameda County, California.

Lead counsel in defense of aggregate mining company in CEQA lawsuit challenging approval of mine expansion in Merced County, California.

Lead counsel in defense of national aggregate mining company in CEQA lawsuit challenging approval of mine expansion in Butte County, California.

Lead counsel in defense of Fortune 500 oil company in CEQA challenge to drilling permits issued by the Department of Conservation, Division of Oil, Gas, and Geothermal Resources.

Lead counsel for Fortune 500 oil & gas company in CEQA litigation to challenge residential development for lack of analysis of impacts to mineral resources.

Lead counsel in defense of residential developer in CEQA lawsuit challenging approval of residential subdivision in San Bernardino County, California.

Lead counsel in defense of hunting club in CEQA lawsuit challenging approval of shooting range facility.

Representation of national aggregate mining company in CEQA lawsuit challenging approval of mine expansion in Fresno County, California.

Representation of national aggregate mining company in CEQA challenge to municipal ordinance requiring conditional use permit for federally approved mitigation bank.

Defense of public agency in CEQA challenge arising from proposed residential development project.

Property Tax Litigation

Lead counsel for county in dispute with special district over property tax administration fees (successfully argued case before the California Court of Appeal, Third Appellate District).

Lead counsel for hydroelectric facility in assessment appeals in Lassen County, California and Shasta County, California.

Lead counsel for multiple public entities in unjust enrichment action seeking portion of previously refunded property taxes following successful assessment challenge.

Representation of mining company in assessment appeal proceeding in Amador County, California.

Representation of public agencies in both litigation and administrative proceedings involving Proposition 218 challenges to governmental assessments of property.

Counsel for municipal utility district for property tax issues relating to real property acquisitions.

Oil & Gas Litigation and Transactions

Lead counsel for Fortune 500 oil & gas company in negotiation of surface rights waiver agreements.

Lead counsel for Fortune 500 oil & gas company in CEQA litigation to challenge residential development for lack of analysis of impacts to mineral resources.

Representation of national oil & gas company in dispute over surface access rights in connection with residential development in Contra Costa County, California.

Representation of oil & gas company in lawsuit by property owners challenging company's use of road right-of-way for natural gas pipeline.

Representation of oil & gas company in contract litigation involving joint operating agreement for natural gas field in Sutter County, California.

Representation of oil & gas company in contract litigation involving terms of farm out agreement for natural gas field in San Joaquin County, California.

Representation of landowners and oil & gas companies in lease negotiations.

California Public Records Act Litigation and Public Agency Litigation

Lead counsel in defense of multiple public agencies in litigation brought under the California Public Records Act.

Lead counsel for plaintiffs challenging validity of mining regulations under the Surface Mining and Reclamation Act.

Lead counsel for hunting club in lawsuit against State of California agency arising from streambed alteration issues.

Land Use, Real Estate & Eminent Domain Litigation

Lead counsel for property owner in real estate purchase dispute involving contaminated property.

Representation of landowner in connection with negotiations over municipal public improvements to avoid flooding of private property.

Representation of commercial real estate leasing firm in various litigation matters.

Defense of public agency landowners in eminent domain proceedings.

Water Rights Litigation

Lead counsel for Hydroelectric Project operator in complex RICO action brought in the United States District Court, Eastern District of California, involving claims over disputed water rights.

Representation of Water Right Holders in Judicial Council Coordinated Proceeding JC 4118: the Bay-Delta Decision 1641 Litigation.

Representation of water agency in suit against State of California agency for non-payment of assessments.

Representation of county water agency in complex lease dispute with lessee over construction of flood control and water quality project.

Civil Writs and Other Engagements

Lead Counsel in defense of county in writ of mandate proceeding challenging selected site for water pumping facility.

Representation of corporate defendant in complex litigation relating to closure of landfill in Amador County, California.

General Counsel for local bio-technology firm.

General

Former Law Clerk for the United States Attorney's Office, Eastern District of California, Civil Division.

Former Legislative Intern for Assemblyman Rusty Areias of District 25, Los Banos, California.

Published Opinions
138 Cal.App.4th 574 (2006)
105 Cal.App.4 th 1155 (2003)

308 F.Supp.2 nd 1137 (2003)

213 F.Supp.2 nd 1208 (2002)

MEMBERSHIPS

State Bar of California, Environmental Law Section, Member

Sacramento County Bar Association, First Vice-President; Former Second Vice-President; Former Secretary/Treasurer; Former Director-At-Large, Bar Council ; Environmental Law Section, Member

Federal Bar Association, Sacramento Chapter, Member and Former President, Vice-President, Programs Director and Secretary

American Bar Association, Natural Resources Section, Member

Asian/Pacific Bar Association of Sacramento, Member and Former Treasurer

Rocky Mountain Mineral Law Foundation, Member

California Independent Petroleum Association, Member

United States Court of Appeals for the Ninth Circuit, United States District Courts for the Eastern, Northern and Central Districts of California, Admitted to Practice

EDUCATION

University of California, Davis School of Law (J.D., Order of the Coif, 1997)
University of California, Davis (B.S., summa cum laude , 1994)

PUBLICATIONS

30 U.C. Davis Law Review 889, Comment: “Inequality Creates Exceptions: Limiting United States v. Mendoza to its Policy Rationale,” 1997, Author

U.C. Davis Law Review, Senior Notes & Comments Editor

PRESENTATIONS

University of California , Davis, Department of Environmental Toxicology, “Applying Environmental Toxicology to Environmental Problems -- The Interconnection of Law and Science," 2000, Lecturer