San Francisco 415.848.4820
Assistant Information
Laura Bates
Phone 415.848.4833
Email
Education
- J.D., cum laude, University of California College of the Law, San Francisco (formerly University of California, Hastings College of the Law), 2003
- B.A., University of California at Los Angeles, 1999
Bar Admissions
- California, 2003
Court Admissions
- U.S. Court of Appeals, Ninth Circuit
- U.S. District Court, Northern District of California
- U.S. District Court, Central District of California
- U.S. District Court, Eastern District of California
- U.S. District Court, Southern District of California
Kathryn L. Oehlschlager
Partner / Executive Partner of S.F. Office
With nearly twenty years of experience in environmental law, Kathryn Oehlschlager has built a robust practice spanning environmental and land use compliance counseling, state and federal enforcement defense, and major litigation.
Public and private clients turn to Kathryn for advice on compliance with all facets of environmental and land use law, including CEQA, NEPA, federal and state endangered species laws, contaminated site remediation, water quality and supply issues, and laws regulating solid and hazardous waste. She routinely represents clients in all aspects of the CEQA project review process, including preparation, review, and analysis of negative declarations, draft environmental impact reports, and final environmental impact reports. Kathryn also has substantial experience managing contaminated sites, from investigation and remediation through the entitlement process and redevelopment.
Kathryn also has a proven track record with high-stakes litigation, having handled numerous land use and environmental cases in state and federal trial courts and through the courts of appeal. Kathryn is equally comfortable handling writs of mandamus and traditional civil litigation matters, and regularly represents clients in administrative appeals, including the second appeal ever heard by the Delta Stewardship Council.
As a compliance counselor, Kathryn’s goal is to help her clients minimize downstream risk and avoid litigation and enforcement. As a litigator, Kathryn’s goal is to achieve the best results for her clients, deftly navigating administrative proceedings, negotiations with regulators and opposing parties, and high-stakes trials.
Professional, Community And Pro Bono Involvement
- Women in Environment, 2018-present; Board of Directors, 2018-2020
- Association of Environmental Professionals
- Environmental Law Institute
- Groundwater Resources Association
- California Women Lawyers
- Bar Association of San Francisco, Environmental Law Section
- California Lawyers Association, Environmental Law Section
- American Bar Association
Honors & Rankings
- Best Lawyers in America©, Environmental Law, 2023-2024
- Super Lawyers, Northern California Super Lawyers, Environmental Law, 2023
- Sacramento Magazine, Top Lawyer, Land Use/Zoning, 2018-2019
- Representing Norway-based aquaculture corporation in connection with redevelopment of contaminated pulp mill site in Northern California to construct large state-of-the-art on-shore aquaculture facility to raise Atlantic Salmon.
- Representing the University of California in connection with various land-use projects and litigation, including development of the Long Range Development Plan for the University of California, Santa Cruz, and litigation challenging that plan under CEQA and the Education Code.
- Representing large utility in Northern California in connection with entitlements for large-scale vegetation removal and management along high-power utility lines for purposes of fire prevention.
- Representing two Reclamation Districts in litigation filed against the California Department of Water Resources challenging the Lookout Slough Tidal Habitat Restoration Project.
- Representing the Tahoe Forest Hospital District in obtaining entitlements for a 30-year Specific Plan for campus redevelopment and expansion.
- Representing Lawrence Livermore National Laboratory in connection with a wide variety of environmental issues, including compliance with NEPA in preparation of its Site-Wide Environmental Impact Study.
- Representing large municipality in defense of numerous land use litigation matters, including claims under CEQA, the Coastal Act, the Planning and Zoning Law, and local municipal code.
- Represented a joint powers agency in defense of CEQA, Public Trust Doctrine, and real estate claims challenging environmental review and approval of a multimillion-dollar flood control project on the San Joaquin River. The trial court found in favor of the agency on all claims in two separate actions, and the Third District Court of Appeal affirmed in both cases.
- Represented a joint powers agency in defense of the second-ever appeal of a Delta Plan Consistency Certification, appearing in multiple proceedings before the Delta Stewardship Council, which were resolved in the client’s favor.
- Represented the California Grocers Association in a successful CEQA challenge to a municipal ordinance that would have had a significant negative impact on the industry.
- Representing a private club seeking entitlements to divert surface water from an on-site stream in order to reduce the need for municipal water supply.
- Represented self-storage company in connection with obtaining site approvals for flagship development in Chino Hills.
- Counseling large municipality and several special districts on legal issues related to Native American cultural resources and tribal consultation requirements under AB 52.
- Represented the largest private property owners’ association in the Tahoe basin in connection with permitting and entitlements for management of aquatic invasive weeds.
- Counseling a large aerospace company in connection with post-closure maintenance of deep injection wells at legacy sites.
- Representing munitions testing facility in connection with CEQA review and negotiation of complex endangered species issues for remediation project on land designated as critical habitat for a variety of protected species, including negotiation of state and federal incidental take permits.
- Represented Muslim community group in connection with CEQA compliance and litigation arising out of application to construct religious and community center in San Martin, California.
- Represented semiconductor manufacturing company in defense of toxic tort action alleging in utero exposure to contaminants in early semiconductor “clean rooms” in Silicon Valley.
- Represented large industrial entity identified by EPA as a CERCLA potentially responsible party for former uranium mine site in New Mexico.
- Represented Fortune 500 pharmaceutical company in complex toxic tort action filed in federal court by over 2,000 plaintiffs, alleging exposure to hexavalent chromium in groundwater and dust emissions.
- Defended large landowner in defense of contractual, common law, and statutory claims in dispute over property slated for redevelopment as major technology campus in Mountain View, California.
Announcements
7 related items-
August 17, 2023Best Lawyers® 2024 Recognizes 46 Downey Brand Lawyers with Four Receiving Prestigious “Lawyer of the Year” Honors
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June 30, 202342 Downey Brand Attorneys Named 2023 Northern California Super Lawyers and Rising Stars
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August 18, 202240 Downey Brand Attorneys Honored as The Best Lawyers in America® and Ones to Watch 2023
Three selected as 2023 Best Lawyers® “Lawyer of the Year” -
May 1, 201949 Downey Brand Attorneys Distinguished as Top Lawyers by Sacramento Magazine
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June 29, 2018Sacramento Magazine Recognizes 54 Downey Brand Attorneys As Top Lawyers
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April 20, 2016Announcing CEQA Chronicles
A Blog Focusing on Environmental Review Under the California Environmental Quality Act -
November 2, 2015Veteran Environmental Attorneys Kathryn Oehlschlager and Donald Sobelman Join Downey Brand
Firm Furthers its Bay Area Commitment with Expansion of San Francisco Office
In the News
2 related items-
June 27, 2023CA Supreme Court agrees to review if courts can demolish UC Berkeley student housing plans over ‘noise’
Northern California Record -
June 8, 2015Look for Zone Defense in Battle Over New Warriors Arena
The Recorder
Speaking Engagements / Events
13 related items-
March 10, 20222022 Advanced CEQA WorkshopSpeaker, 2022 Advanced CEQA Workshop
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December 9, 2021Housing and CEQAPanelist, CLE International 17th Annual CEQA Conference - Year in Review
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April 28, 2021 & May 12, 20212021 Advanced CEQA WorkshopAssociation of Environmental Professionals
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February 18, 2021CEQA BasicsSLSA, General Membership Meeting
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November 19, 2020BPC Expert Briefing: CEQA Update 2020Bay Planning Coalition's 8th Annual CEQA Update
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November 11, 2020CEQA and Environmental Impact Reports: 2020 Cases, Standards, Mitigation Measures, Exemptions and Lead AgenciesStrafford Webinars
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November 18, 2019BPC Expert Briefing: CEQA Update 2019Bay Planning Coalition's 7th Annual CEQA Update
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May 10, 2019Resiliency for a Vibrant Bay AreaPanelist, Bay Planning Coalition’s 2019 Spring Summit
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October 25, 2018BPC Workshop: CEQA Update and Federal Regulatory Developments 2018Bay Planning Coalition's 6th Annual CEQA Update
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October 17, 2017CEQA Update 2017: Climate Change & Hot Topics ReviewPanelist, Bay Planning Coalition's 5th Annual CEQA Update
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October 5, 2016CEQA Update 2016Panelist, Bay Planning Coalition
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September 15-16, 2016CEQA Litigation UpdateCo-presenter, ACWA 2016 CLE Conference
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November 6, 2014Local Regulation of Hydraulic Fracturing in CaliforniaPresenter, Southern California County Counsel Association Annual Meeting
Blogs
32 related items-
January 29, 2024HAA does not Mandate Approval of Housing Project Found Inconsistent with Zoning
CEQA Chronicles -
November 13, 2023Sixth District Says City’s Specific Plan EIR Need Not Analyze Speculative Alternative Scenario Conjured by Project Opponents
CEQA Chronicles -
September 13, 2023Court of Appeal Finds Substantial Evidence Supports City’s Use of Statutory Exemption to Approve a Zoning Overlay District For Commercial Cannabis Uses
CEQA Chronicles -
June 15, 2023California Supreme Court Grants Review in UC Berkeley People’s Park Student Housing Case
CEQA Chronicles -
June 14, 2023“It just so happens that [Governor Newsom’s Sweeping New Plan to Accelerate Infrastructure Projects] is only mostly dead.” – Miracle Max from The Princess Bride
CEQA Chronicles -
March 15, 2023Second District Rejects CEQA and Coastal Act Challenge to Senior Facility in Pacific Palisades Area of Los Angeles
CEQA Chronicles -
February 21, 2023Court Finds Use of Addendum Improper as Project’s GHG Emissions Likely Outside the Scope of Prior Programmatic EIR and Unusual Circumstances Exception Applied to Use of Infill Exemption
CEQA Chronicles -
January 5, 2023First District Affirms Denial of Anti-SLAPP Motion in a Malicious Prosecution Action Filed Against CEQA Petitioner’s Attorney
CEQA Chronicles -
October 24, 2022Residential Development Project Consistent with Specific Plan Found Exempt from Further CEQA Review
CEQA Chronicles -
December 20, 2021California Enacts More Than Two Dozen Laws This Year to Combat Housing Crisis
CEQA Chronicles -
October 6, 2021Petitioners Strike Out—Court Finds Statutory Deadline Does Not Preclude Streamlining of Oakland A’s Stadium Project
CEQA Chronicles -
July 26, 2021First District Court of Appeal Finds CEQA Claim Time-Barred Due to Insufficient Tolling Agreement
CEQA Chronicles -
June 17, 2021First District Denies Challenge to Napa County Approval of Mining Operations Because Petitioner Failed to Exhaust Administrative Remedies and CEQA Requires Limited Review of General Plan Consistency
CEQA Chronicles -
May 28, 2021Good News for California Housing: SB 7 Extends Expedited CEQA Review to Small-Scale Infill Housing Projects
CEQA Chronicles -
May 14, 2021In First Published Opinion Interpreting SB 35, Court of Appeal Rejects City of Berkeley’s Attempts to Avoid Application of the Law and Orders Streamlined Approval of Mixed-Use Infill Project
CEQA Chronicles -
January 13, 2021First Appellate District Approves Responsible Agency’s Imposition of Mitigation Not Considered in the EIR
CEQA Chronicles -
June 9, 2020Trump Signs Executive Order Allowing Agencies to Bypass NEPA, ESA, and CWA Requirements
CEQA Chronicles -
May 29, 2020Second Appellate District Expands Baseline Analysis in Upholding Environmental Impact Report for Refinery Project Intended to Help Reduce Air Pollutants
CEQA Chronicles -
April 23, 2020To VMT or not to VMT? Third District Says Level of Service No Longer Valid to Measure Traffic Impacts, But Use of Vehicle Miles Traveled is Not Yet Required
CEQA Chronicles -
April 21, 2020Two CEQA Statute of Limitations Cases, Two Different Results
CEQA Chronicles -
April 8, 2020COVID-19 Alert: Judicial Council Issues Sweeping Emergency Rules; Local Agencies Issue Regional Changes
CEQA Chronicles -
August 22, 2019California Supreme Court Holds Medical Marijuana Zoning Ordinance is a Project Subject to CEQA
CEQA Chronicles -
February 1, 2019Court of Appeal Finds No Discretionary Action in St. Helena Multi-family Dwelling Development
CEQA Chronicles -
December 31, 2018California Supreme Court Requires De Novo Review for EIR Adequacy Challenges and Imposes Heightened EIR Requirements Connecting Environmental Impacts with Specific Health Consequences
CEQA Chronicles -
November 4, 2018Fourth District Upholds San Diego’s Addendum for Balboa Park Revitalization Project, Validates the CEQA Addendum Process
CEQA Chronicles -
January 12, 2018Clean Sweep for City of San Diego in Challenge to Approval of Private School
CEQA Chronicles -
July 25, 2017DWR Certifies EIR for WaterFix, Triggering 30-Day Deadline for Opponents to File Suit
CEQA Chronicles -
May 9, 2017Up One Day, Down the Next—California Air Resources Board Receives Mixed Reviews in its Implementation of its Cap-and-Trade Program and Low Carbon Fuel Standard
CEQA Chronicles -
November 16, 2016Ninth Circuit Upholds Final EIS for Tahoe Area Regional Plan Update
CEQA Chronicles -
September 30, 2016Fifth District Allows Real Party to Recover Costs of Record Preparation
CEQA Chronicles -
June 1, 2016Court of Appeal Rejects Use of Categorical Exemption, Muddies the Waters on Standard of Review for Exceptions
CEQA Chronicles -
April 5, 2016The End (of LOS) is Nigh: OPR’s Revised Proposal on Analysis of Transportation Impacts
CEQA Chronicles
Legal Alerts
7 related items-
January 29, 2024Department of Transportation Announces $426.7 Million Grant to Develop Deepwater Port and Marine Terminal in Humboldt Bay
Energy Law -
January 25, 2024California Energy Commission Releases Draft AB 525 Offshore Wind Strategic Plan
Energy Law -
May 26, 2023Sackett v. EPA: U.S. Supreme Court Redefines Waters of the United States, Eliminating Federal Jurisdiction Over Certain Wetlands and Other Waters
Water Quality Law -
July 24, 2017WaterFix EIR Certification and NOD Client Alert
Water Law -
August 16, 2016Comment Deadline Approaching on State Water Board Draft Policy on Isolated Wetlands
Water Law -
December 2, 2015California Supreme Court Strictly Interprets State Fully Protected Species Statute and Finds Greenhouse Gas Emissions Analysis Inadequate in Newhall Ranch EIR
Land Use Law -
October 30, 2015Update: Berkeley Hillside Case Ends With Victory for Lead Agency in Court of Appeal
Land Use Law
Publications
16 related items-
May 13, 2016Will San Francisco’s Private Commuter Shuttles be Shut Down?
Daily Journal -
August 5, 2015Calif. Drought Prompts Bout Among Regulators And Farmers
Law360 -
July 15, 2015Regulating Seawater Desalination in California
The Water Report -
June 18, 2015User’s Guide to California Water Rights
Daily Journal -
Summer 2015The New Age of Water Regulation – Who Will Float To The Top?
San Francisco Attorney Magazine, Vol. 41, No. 2 -
January 6, 2015AB 1739; SB 1168, 1319: Groundwater Management
New Laws - Supplement to Daily Journal -
December 19, 20142014 Saw A Wave of Environmental Law Changes
Daily Journal -
September 29, 2014A Brave New World of Water Regulation
San Francisco Daily Journal -
July 14, 2014Water Issues Reframe State Fracking Debate
San Francisco Daily Journal -
March 20, 2014Chemical Spills in NC And WV Spur Legislation
Today’s Facility Manager -
January 23, 2014Will 2014 Finally Be The Year For Long-Awaited CEQA Reform
San Francisco Daily Journal -
June 2011Shifting Landscape: California Wants to Expand the Territory Described as Wetlands
The Registry (San Francisco Real Estate Magazine) -
April 22, 2011Statewide Stormwater Permit Revisions Could Limit Citizen Suits Against Industry
San Francisco Daily Journal -
March 2011Wet Winter Won’t Stop Water Diversion Checks
California Farmer, Vol. 294, Issue 3, p9 -
February 7, 2011State to Redefine Wetlands: Proposed California Regulations Conflict with Federal Law and Subject Potentially Vast Areas of New Land to Permitting Requirements
The Recorder -
January 11, 2018Water May Not Flow So Freely
The Recorder
Kathryn is the proud mother of two young children, and is very active in their local schools and sports programs.
Professional, Community And Pro Bono Involvement
- Women in Environment, 2018-present; Board of Directors, 2018-2020
- Association of Environmental Professionals
- Environmental Law Institute
- Groundwater Resources Association
- California Women Lawyers
- Bar Association of San Francisco, Environmental Law Section
- California Lawyers Association, Environmental Law Section
- American Bar Association
Honors & Rankings
- Best Lawyers in America©, Environmental Law, 2023-2024
- Super Lawyers, Northern California Super Lawyers, Environmental Law, 2023
- Sacramento Magazine, Top Lawyer, Land Use/Zoning, 2018-2019