Scott L. Shapiro

Scott L. Shapiro

Managing Partner

Scott L. Shapiro

Managing Partner

Public Agency Law

  • General Counsel or Special Counsel to dozens of California public agencies.  
  • Provide guidance on compliance with Brown Act, including noticing requirements for regular, special, and emergency meetings, and closed sessions.
  • Manage extensive Public Record Act responses including all relationships with requestor, compiling of records, and claims of inadequate production.
  • Travel with Board Members on dozens of visits to Washington D.C. to advance clients’ interests.
  • Advise Board and Board Members on balance between advocacy and education related to Proposition 218 elections.

Flood Protection Law

  • General Counsel to the Three Rivers Levee Improvement Authority, the San Joaquin Area Flood Control Agency, and the Sutter Butte Flood Control Agency on all issues, including formulation of nearly a billion dollars of levee improvement programs, before all regulatory agencies, and on all funding acquisition issues.
  • General Counsel, Special Counsel, or Program Manager to other regional flood agencies advancing nearly a billion dollars of levee improvement programs in California and Oregon.
  • Special Counsel for the Cities of Burlington and Mt. Vernon (Washington) prosecuting an appeal of flood insurance rate maps (FIRMs) issued by FEMA under the National Flood Insurance Program (NFIP).
  • Counsel private companies and developers throughout California on flood protection issues, including navigating complicated regulatory environments for residential, industrial, and commercial development. Interact with FEMA on issues of floodplain mapping, special hazard flood zones, levee accreditation, and floodmap appeals.
  • Defend public agencies in flood damages cases and represent flooded landowners in legal actions against State, local flood control districts, city, and private landowner.
  • Develop state and federal legislation and regulations on floodplain management issues including amendments to the National Flood Insurance Act and Water Resources Development Acts.
  • Senior Advisor to the Agricultural Floodplain Management Alliance and Convener of the National Coalition of Flood Project Partners.
  • Guide non-Federal sponsors through U.S. Army Corps of Engineers' feasibility study process including negotiation of cost-sharing agreements, drafting of key sections of report, and presenter at Civil Works Review Board (CWRB).

Water Law

  • Represent water suppliers and developers on preparation of water supply assessments under SB 610 and water verifications under SB 221.
  • Research and execute California water rights opinions.
  • Review, revise, and advise public water supplier regarding Urban Water Management Plan
  • Research and execute California water right opinions for energy company financing and refinancing new and existing facilities
  • Review and assessment of California water rights held by Nevada utility including effectiveness of documents to convey interests to successor entity
  • 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
  • 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 breach of trust lawsuit filed by Navajo Nation
  • Researched, developed, and litigated claims on behalf of local agencies against the United States under federal reclamation law resulting in a settlement that saved the local agencies more than $100 million.

The Downey Brand Story

With deep experience in our clients' industries, Downey Brand provides the vision and coverage you need.

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