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Flood Protection Law
Downey Brand stands at the center of efforts to reduce flood risk in California’s Central Valley and throughout the Western United States.
Our attorneys play key roles in advising public agencies and landowners in formulating and constructing flood protection projects, guiding them through all regulatory, permitting, and funding challenges under state and federal law. All flood protection projects are both legally and technically complex. Our flood protection lawyers are expert in each of these dimensions, as well as in managing the integration of them necessary for projects to succeed.
We work as skilled partners with the United States Army Corps of Engineers to obtain permission to build locally-driven projects under 33 U.S.C. section 408, and also in representing local sponsors working with the Corps on Federally-driven projects. We are expert advocates, as well. When the Federal Emergency Management Agency (FEMA) maps communities under the National Flood Insurance Program (NFIP) we speak the unique language and can effectively prosecute appeals of flood insurance rate maps (FIRMs).
Our attorneys also zealously represent clients after a flood occurs. We have defended numerous cases against public agencies, both at trial and in appellate courts. We have also successfully represented those damaged by floods, analyzing technical and scientific evidence, sorting out complex insurance and damages issues, and obtaining the recoveries needed to make our clients whole.
Selected Experience
- Acting as General Counsel for the Sutter Butte Flood Control Agency and Three Rivers Levee Improvement Authority, advancing over $700 million in flood protection projects.
- Representing a non-Federal sponsor during a U.S. Army Corps of Engineers Civil Works Review Board, including development of presentation and discussion of residual risk management.
- Defending twelve separate actions filed by over 800 claimants affected by the 1986 floods, with continuing representation in the Courts of Appeals.
- Acting as General Counsel for the Sutter Butte Flood Control Agency and Three Rivers Levee Improvement Authority, advancing over $700 million in flood protection projects.
- Representing a non-Federal sponsor during a U.S. Army Corps of Engineers Civil Works Review Board, including development of presentation and discussion of residual risk management.
- Defending twelve separate actions filed by over 800 claimants affected by the 1986 floods, with continuing representation in the Courts of Appeals.
- Representing the Cities of Burlington and Mt. Vernon (Washington State) in an appeal of a Flood Insurance Study (FIS) under the National Flood Insurance Program (NFIP).
- Representing large landowner against the State and local flood district following 1997 floods, resulting in significant settlement resolving all issues.
7 Attorneys
Kathryn L. Oehlschlager
Partner
San Francisco 415.848.4820
Rebecca R. A. Smith
Partner
Sacramento 916.520.5281
Announcements
8 related items-
July 11-24, 2023Water Law Partner Scott Shapiro to Teach Flood Law Course at Lewis & Clark Law School
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October 29, 2021Rebecca Smith Named 40 Under 40 by Sacramento Business Journal
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January 15, 2020Downey Brand Names Two New Partners
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March 1, 2019Rebecca Smith Joins Board of Directors at Water Education Foundation
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January 13, 2017Christopher Rendall-Jackson Joins Downey Brand’s San Francisco Office
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February 2015Announcing “The Levee Was Dry”
A Blog Focusing on Flood Risk and Floodplain Management -
November 4, 2014Shapiro to Provide Keynote Address at Leveraging for Levees Symposium
Presenter -
December 6, 2013Downey Brand Names New Partner
In the News
11 related items-
March 19, 2023Who deserves a levee? The fight to save California communities from flooding
The Mercury News -
August 25, 2021Life risk modeling for Lower San Joaquin River in California’s Central Valley supports emergency response planning
FRM Buzz Newsletter -
June 18, 2018Could West Sacramento be Forced to Pay Up if the River Floods? Mayor and Residents Disagree
The Sacramento Bee -
August 29, 2017As Floods Ravage East Texas, Northern California Levee Repairs Continue
Fox40 News -
May 5, 2017What’s the Risk and What’s Being Done?
KVIE Studio Sacramento -
September 6, 2016Easement at Reservoir at Heart of Dakota Access Fight
Greenwire - Energy & Environmental Policy News -
February 12, 2013Levee Over Troubled Waters: Paying for Repairs Just Got Harder
Comstock's -
February 27, 2007Learning As We Go
Marysville Appeal-Democrat -
December 1, 2006Plumas Lake: Deadly Deal May Save Lives
California Planning & Development Report -
August 17, 2006FEMA Releases Flood Maps
Appeal-Democrat -
July 20, 2006Three Rivers OKs Builders’ Pact
Appeal-Democrat
Speaking Engagements / Events
27 related items-
September 30 & October 1, 2024From Delta to Drought: California Water Rights, Water Supply, and Land Use Law
Argent Communications 38th Annual California Water Law & Policy Virtual Conference -
October 3, 2023NFIP Moving Forward: Analyzing Pending Changes and Their Effect on Water/Waterways Infrastructure
National Waterways Conference 2023 Annual Meeting -
September 7, 2023Flowage and Habitat Conservation – Can they Coexist?
Moderator, Floodplain Management Association Annual Conference -
September 7, 2023Why You Should Know About the National Levee Safety Program, Especially if You Don’t Have a Federally-authorized Levee
Moderator, Floodplain Management Association Annual Conference -
July 11-24, 2023Flood Control Law and Regulation
Instructor, Lewis & Clark Law School -
April 4, 2023Climate Extremes: Preparing for More Frequent and Intense Atmospheric Rivers
Moderator, California Central Valley Flood Control Association's 2023 Flood Forum -
November 16, 2022California Counties Advancing Change
Speaker, California State Association of Counties 128th Annual Meeting -
October 6, 2022Homelessness & Flood Risk Reduction Systems
Speaker, National Association of Flood & Stormwater Management Agencies- Live Webinar -
September 9, 2021Legal Update on NFIP and Public Camping on Levees
Floodplain Management Association's Annual Conference -
June 1, 2021Legal Issues in the Water Resources World
National Waterways Conference 2021 Regional Spotlight - California -
April 28, 2021On the Horizon: Changes in National Flood Policies
California Central Valley Flood Control Association (CCVFCA) Annual Flood Forum -
April 19 & 21, 2021Water Rights, Policy, Regulation, and the Future under the New Administration
Argent Communications 35th Annual California Water Law & Policy Virtual Conference -
September 9, 2020Keeping Flood Infrastructure Projects and Maintenance Going During Times of Crisis: A Legal Perspective
Floodplain Management Association's Annual Conference -
August 11-12, 2020Current Legal Issues in Flood, Floodplain & Water Quality Management
National Association of Flood & Stormwater Management Agencies Annual Meeting -
March 18, 2020Encroachments: The Next Challenge
Moderator, California Central Valley Flood Control Association (CCVFCA) Annual Flood Forum -
September 3-6, 2019Fundamentals of Flood Management Law and Liability
Moderator/Panelist, Floodplain Management Association's 2019 Annual Conference -
August 19-22, 2019Current Legal Issues in Flood, Floodplain & Water Quality Management
Speaker, National Association of Flood & Stormwater Management Annual Meeting -
June 20-21, 2019Developments in Water Supply Regulation, Reporting, and Legislation
Argent Communications 34th Annual California Water Law & Policy Conference -
September 4-7, 2018Round Table Discussion With California Flood Management Entities
Speaker, Floodplain Management Association's 2018 Annual Conference: Sustainability in the Face of Change -
September 4-7, 2018Agricultural Floodplain Management
Panelist, Floodplain Management Association's 2018 Annual Conference: Sustainability in the Face of Change -
September 4-7, 2018Water Resource Infrastructure Financing Under the Trump Administration
Moderator/Panelist, Floodplain Management Association's 2018 Annual Conference: Sustainability in the Face of Change -
March 21, 2018Post-Disaster: Weathering Scrutiny of Flood Management Decisions
Presenter, California Central Valley Flood Control Association (CCVFCA) Annual Flood Forum -
January 18, 2018NFIP Reauthorization: Current Status and Key Issues
Presenter, Floodplain Management Association Luncheon -
December 8, 2017Navigating Floodplains and Flood Risk
Co-Chair and Presenter, The Seminar Group -
November 17, 2017Floodplain Development and Management in Northern California
The Seminar Group -
March 18, 2015All Systems Flow: Bypasses Clear & Ready
Presenter, California Central Valley Flood Control Association (CCVFCA) Annual Flood Forum -
January 29, 2015California Water Laws and Regulations Conference
Flood Control in the Central Valley
Blogs
92 related items-
May 2, 2024The Future [of] Flood Risk Data
The Levee Was Dry -
March 6, 2024Army Corps of Engineers Publishes Draft Agency Specific Procedures To Implement The Principles, Requirements, and Guidelines for Federal Investments in Water Resources
The Levee Was Dry -
December 21, 2022Court Finds Site Visits and Reports Taken Before and After Issuance of NOP Adequate for Establishing Biological Resources Baseline, EIR’s Emergency Evacuation Analysis Upheld
CEQA Chronicles -
May 21, 2021How to BLUF Your Way Through a Corps Meeting
The Levee Was Dry -
April 4, 2021FEMA Moves Out on New Insurance Ratings
The Levee Was Dry -
March 17, 2021Small Maui Dam Breaches, Leading to Evacuations
The Levee Was Dry -
March 8, 2021Listen Up, It’s Your Turn to Speak
The Levee Was Dry -
October 9, 2020Time to BUILD
The Levee Was Dry -
May 8, 2020Building the Case for Infrastructure
The Levee Was Dry -
March 29, 2020Infrastructure Infodemic
The Levee Was Dry -
October 20, 2019Think Inside the Box(es)
The Levee Was Dry -
September 4, 2019Waiving USACE Policy Requirements: A Tool to Get Urgent Projects Completed
The Levee Was Dry -
July 26, 2019How Flood Insurance and Endangered Species Are Connected
The Levee Was Dry -
July 7, 2019Must See TV – D.C. Style
The Levee Was Dry -
March 12, 2019House Financial Services Committee Schedules First NFIP Hearing of the Year
The Levee Was Dry -
February 10, 2019Calling all Potential P3 Projects
The Levee Was Dry -
October 23, 2018Water Resources Development Act is Signed Into Law By President
The Levee Was Dry -
October 21, 2018President Issues a Presidential Memoranda on Western Water (But Flood Is Mentioned)
The Levee Was Dry -
October 7, 2018The Water Resources Development Act (WRDA) Finally to be Considered by the Senate
The Levee Was Dry -
September 21, 2018USACE Appropriations Bill Signed by President, Becomes Law
The Levee Was Dry -
September 13, 2018Federal Funding Panel Shared Interesting Perspectives at Annual FMA Conference
The Levee Was Dry -
September 11, 2018WRDA, Appropriations, and USACE Is Staying Where It Is (for now, at least): A Busy Few Days on the Hill
The Levee Was Dry -
September 9, 2018USACE 408 Guidance Is Officially Final (EC 1165-2-220)
The Levee Was Dry -
September 5, 2018USACE Issues Guidance for Use of Supplemental Appropriation
The Levee Was Dry -
September 3, 2018USACE 408 Guidance May Be Final (EC 1165-2-220)
The Levee Was Dry -
August 7, 2018Will the Army Corps of Engineers lose the Civil Works mission? Looks like the Department of Defense is making some plans.
The Levee Was Dry -
August 1, 2018No Long-Term Reauthorization Yet; NFIP Extended Through November 30, 2018
The Levee Was Dry -
June 11, 2018USACE Issues 2018 Workplan
The Levee Was Dry -
April 12, 2018We Are Happy to Share the Comments of the L.A. Coastal Protection and Restoration Authority
The Levee Was Dry -
April 11, 2018Leadership Changes at FEMA’s Flood Insurance Group
The Levee Was Dry -
March 11, 2018Should the Civil Works Mission Leave the US Army Corps of Engineers?
The Levee Was Dry -
February 20, 2018National Waterways Conference Requests More Time on Draft 408 Policy
The Levee Was Dry -
February 19, 2018President Trump Releases Infrastructure Proposal
The Levee Was Dry -
February 12, 2018The President Is Pushing Infrastructure, But Not So Much Through the Corps’ Civil Works Program
The Levee Was Dry -
February 7, 2018Technical Problems with First USACE 408 Webinar; Tune in Tomorrow for Second
The Levee Was Dry -
February 5, 2018Draft 408 Guidance imminent; USACE Webinars Scheduled
The Levee Was Dry -
October 15, 2017Why Advocacy Matters
The Levee Was Dry -
October 4, 2017Trump Nominates RD James for Assistant Secretary of the Army for Civil Works
The Levee Was Dry -
October 2, 2017The Money Calendar – How The Federal Budget Calendar Is Circular, Not Linear
The Levee Was Dry -
September 7, 2017Will the National Flood Insurance Program (NFIP) be reauthorized, extended, or what?
The Levee Was Dry -
September 5, 2017How Should the Flood Management Community Deal with the Uncertainty of Climate Change?
The Levee Was Dry -
September 4, 2017Senate Democrats Are Eager to Invest in Infrastructure, Including Flood (but what about Climate Change?)
The Levee Was Dry -
August 31, 2017Flooding in Houston: Can We – Should We? – Plan for Such Massive Flooding Events?
The Levee Was Dry -
August 30, 2017A Quick Look at What’s Ahead on the Water Infrastructure Front
The Levee Was Dry -
August 15, 2017Trump Executive Order Issued on Federal Flood Risk Management Standard and Regulatory Reform
The Levee Was Dry -
July 17, 2017A Welcome Surprise From Congress
The Levee Was Dry -
June 29, 2017USACE Issues Guidance on Contributed Funds for Section 408 Review
The Levee Was Dry -
June 28, 2017James Dalton, Director of Civil Works at USACE, Offers Valuable Perspectives at Annual NAFSMA Conference
The Levee Was Dry -
June 26, 2017New Guidance from USACE Could Streamline Processes
The Levee Was Dry -
May 25, 2017A Lobbyist’s Thoughts on Whether the Work Plan Foreshadows Trump’s View of the Corps’ Future Role
The Levee Was Dry -
May 24, 2017USACE Releases FY17 Work Plan; Media Book Released on FY18 Budget Proposal
The Levee Was Dry -
May 22, 2017Rumors of an Impending Work Plan to be Released with the Draft USACE Budget on May 23?? Well, Not Quite Yet.
The Levee Was Dry -
May 7, 2017The FY2017 Budget Continues to Support Army Corps Activities
The Levee Was Dry -
April 9, 2017The Army Corps of Engineers, a Continuing Resolution Expiration, and a Congress That Hasn’t Yet Made Up Its Mind.
The Levee Was Dry -
April 5, 2017A potpourri of Northern California news, including the latest on Lake Oroville
The Levee Was Dry -
March 16, 2017The Trump Skinny Budget and Federal Flood Protection
The Levee Was Dry -
March 14, 2017Update on Oroville Dam, Concerns about Fish and a Related Snow Survey
The Levee Was Dry -
February 24, 2017The Governor Writes a Letter, and Roundup on Flooding Issues Around the State
The Levee Was Dry -
February 19, 2017A Mishmash of News as California Gets Even Wetter.
The Levee Was Dry -
February 17, 2017DWR Expresses Confidence That Oroville Threat Has Diminished, and Downstream Levees Will be Reinforced. And Here Comes the Rain!!
The Levee Was Dry -
February 14, 2017Mandatory Evacuation Ends Below Oroville Dam, But the Flood Control System in the Valley Remains Strained
The Levee Was Dry -
February 13, 2017“Dynamic” Situation at Oroville Dam: Valentine’s Day Update (and in other news….)
The Levee Was Dry -
February 12, 2017A Scary Night for Those Below Oroville Dam; And The Worst May Not be Over.
The Levee Was Dry -
February 10, 2017Uncontrolled Releases on Oroville Dam Were Unlikely From This Storm Event; Now Certain
The Levee Was Dry -
February 9, 2017Is Oroville Reservoir Heading Toward Uncontrolled Releases?
The Levee Was Dry -
December 21, 2016Should California Leave the NFIP and Create its Own Flood Insurance Program?
The Levee Was Dry -
October 2, 2016Part II – Our Thoughts on FEMA’s New Draft Regulations
The Levee Was Dry -
September 28, 2016FEMA Issues Draft Regulatory Amendments to Implement President Obama’s Executive Order 13690 and the Federal Flood Risk Management Standard; Comments Due by October 21, 2016
The Levee Was Dry -
June 27, 20162016 Water Resources Development Act (WRDA) Advances in the Senate with a Good CBO Score
The Levee Was Dry -
May 17, 2016Call for Projects Forthcoming from the Army Corps of Engineers
The Levee Was Dry -
May 2, 2016“Changes Ahead at the US Army Corps” – and with all of the changes that are forthcoming this could be a series!
The Levee Was Dry -
April 15, 2016Update on El Niño, and Some Recent Flood Control History in the Central Valley
The Levee Was Dry -
March 29, 2016NFIP Rates are Going Up on April 1… But Do Enough People Care for Congress to Change its Mind?
The Levee Was Dry -
February 24, 2016New Chief of Engineers Nominated by President Obama
The Levee Was Dry -
February 2, 2016Tips for Surviving a Civil Works Review Board
The Levee Was Dry -
September 9, 2015USACE Issues Draft Guidance on Federal Credit; Comments Due By September 28, 2015
The Levee Was Dry -
August 19, 2015Will an El Niño Weather Pattern Lead to Flooding in California’s Central Valley?
The Levee Was Dry -
August 17, 2015“Ride that Sun Across the Sky, from Jackson Hole Down to Telluride, and Get a Little Rocky Mountain High.” Keeping it Country, Jake Owens (2011)
The Levee Was Dry -
June 19, 2015Inverse Condemnation Flooding Case Moves Forward in Texas
The Levee Was Dry -
May 18, 2015New California Tribal Consultation Law Takes Effect July 1
The Levee Was Dry -
April 30, 20152016 Energy and Water Appropriations Bill Passed by House Committee, Possible FFRMS Implications
The Levee Was Dry -
April 26, 2015Deadline Approaching for Comments on Draft Guidelines for the Federal Flood Risk Management Standard (FFRMS)
The Levee Was Dry -
May 24, 2015Development Set to Begin Again in Sacramento’s Natomas Area
The Levee Was Dry -
March 4, 2015The new Federal Flood Risk Management Standard (FFRMS): An unclimbable mountain or a modest molehill?
The Levee Was Dry -
February 28, 2015Louisiana Judge Tosses Lawsuit Blaming Oil and Gas Industry for Flood Damages
The Levee Was Dry -
February 16, 2015FEMA Announces Four Listening Sessions on Draft Federal Flood Risk Management Standard Guidance
The Levee Was Dry -
February 12, 2015State Grant Program Offers $150 Million for Urban Flood Protection Projects
The Levee Was Dry -
February 9, 2015Attacks on Obama’s Amendment of Executive Order 11988 Begin With a Letter
The Levee Was Dry -
February 2, 2015Obama Amends Executive Order 11988; Potential for Drastic Impacts on Development in Flood-Risk Areas
The Levee Was Dry -
January 12, 20152014 Milestone: Passage of Water Infrastructure Legislation
The Levee Was Dry -
September 23, 2014Corps Issues New 408 Guidance for Modifications of Authorized Projects
The Levee Was Dry -
October 14, 2014Corps Issues the Mother of All Requests for Proposal
The Levee Was Dry
Legal Alerts
2 related items-
March 2010Floodplain Management & Liability Reporter
Water Law -
November 2005Excerpts from Western Water Magazine’s article, “It Can Happen Here: Assessing California’s Flood Risk”
Water Law
Publications
5 related items-
January 2024January 2023 Floods Blamed on Permitting Delays by the California Department of Fish and Wildlife – Lawsuits Filed
California Land Use Law & Policy Reporter, Volume 33, Number 4 -
July 2023California Drought and Flood Streamlining Trailer Bill: Floodwater Diversion Exception and Drought Control Measures
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 3, Number 10 -
November 2022Ninth Circuit Reverses District Court by Finding Congressional Authorization Allows Discretionary Releases From Twitchell Dam for Species Protection
California Water Law & Policy Reporter, Volume 33, Number 2 -
November 2017Floodplains and Flood Risk: A Brief Overview of Changing Management Responsibilities
The Water Report, Issue 165 -
December 2011Accelaration of Flood Damage Reduction Projects Concept
Water Law White Paper