The Natural Resources Group is a well-coordinated, multi-disciplinary team with deep experience handling litigation and regulatory compliance in a wide spectrum of specialties including all aspects of surface and ground water, land, and air. Many matters in natural resources law are multi-faceted and involve numerous public agencies, non-governmental organizations (NGOs), state and federal government agencies, and other stakeholders with whom Downey Brand attorneys have built decades of credibility and relationships. Clients know that whatever environmental or natural resource issue arises, Downey Brand attorneys can guide these matters through to a satisfactory resolution.
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Environmental and Land Use Litigation and Compliance
Our attorneys provide counselling and advice in all of the key areas of environmental law, representing clients before local, state, and federal regulatory agencies in administrative and enforcement proceedings, as well as in litigation before state and federal courts. The firm’s environmental experience is extensive and crosses the litany of state and federal environmental statutes, including CAA, CWA, CERCLA, CEQA, CZMA, EPCRTKA, ESA, FIFRA, FLPMA, MMPA, NEPA, RCRA, TSCA, HWCL, OPA, Porter-Cologne, Proposition 65, SDWA, SMCRA and SWDA.
Our environmental litigation team initiates and defends lawsuits for public and private sector clients at the trial and appellate level, and frequently resolve these actions before trial through mediation, consent decrees, or private settlement agreements. Our experience encompasses complex, multi-party Superfund, RCRA, Clean Water Act, natural resource damage, and nuisance/trespass litigation – as well as environmental toxic tort actions involving personal injury and property damage claims.
Our land use attorneys have a broad range of experience in reviewing or securing entitlements and permits, and undertaking environmental review for proposed projects. Our land use practice often encompasses California planning and zoning laws, the common law public trust doctrine, endangered species protections, tribal and historical resources, wetlands and other waters, climate change, and air quality requirements. Downey Brand attorneys are particularly skilled and experienced in CEQA and its federal counterpart, NEPA – both in terms of CEQA/NEPA compliance, but also litigation on behalf of both project proponents and opponents.
Downey Brand’s Natural Resources Group includes several of the top water quality specialists in the state addressing wastewater and storm water from industrial and municipal facilities and recycling of municipal and industrial wastewater. Our specialists excel at permit negotiations and enforcement defense, with particular skills in negotiating attainable NPDES/WDR permits and reasonable settlements for enforcement actions brought under the federal Clean Water Act and the state Porter-Cologne Water Quality Control Act.
Our lawyers have substantial experience in environmental remediation and brownfields redevelopment: minimizing risks of liability, identifying and pursuing potentially responsible parties, coordinating among multiple participants in a cleanup project, and working with regulators to shape the scope of investigations and cleanups. Downey Brand has extensive solid/hazardous waste experience with landfill and transfer station regulation, permitting, siting, closure, and post-closure maintenance, as well as hazardous waste handling and disposal requirements.
Our air quality attorneys have significant experience in stationary source permitting, emission credits, asbestos demolition, and compliance/enforcement with Bay Area AQMD and other regulatory agencies. They have been involved with the California Air Resources Board (CARB) on mobile source permitting and greenhouse gas (GHG) reporting, and are up to speed on climate change regulations.
Water Law
Downey Brand has worked at the cutting edge of California water law since its founding in 1926. The Firm’s long history of work for water users and suppliers, which began in the Sacramento and San Joaquin Valleys and now stretches statewide, provides an unmatched depth of experience and institutional knowledge. Downey Brand attorneys provide strategic and substantive expertise in water rights, water supply including recycled water, water transfers, water quality, federal reclamation law, and all aspects of public agency law in meeting the challenges of ever-increasing demand in an evolving legal and political framework.
Downey Brand’s long history in the water sector includes providing exceptional service to water agencies throughout California. Specifically, the Firm routinely represents water districts, irrigation districts, reclamation districts, counties, and cities as both special counsel and general counsel.
As Sustainable Groundwater Management Act (SGMA) compliance has begun, Downey Brand represents numerous entities regarding SGMA implementation and planning in many sub-basins throughout the state.
Our attorneys guide clients regarding acquiring, perfecting, and defending water rights, and regularly prepare and prosecute applications matters before the California State Water Resources Control Board. Firm attorneys also routinely analyze and evaluate water rights including pre-1914 rights, riparian rights, groundwater and underflow rights, or general appropriative rights.
Downey Brand is a leader in efforts to reduce flood risk in California’s Central Valley and throughout the Western United States. Our flood protection attorneys play key roles in advising public agencies, landowners and developers in formulating and constructing flood protection projects and guiding them through regulatory, permitting, and funding challenged under state and federal law.
Energy Infrastructure
With decades of experience in environmental compliance and the energy sector, the attorneys at Downey Brand advise and defend oil and gas pipeline and terminal companies on a wide spectrum of legal matters including permitting, CEQA/NEPA, endangered species, emergency response, enforcement defense, and other related litigation. Downey Brand attorneys have extensive experience navigating the many agencies involved in regulating energy facilities and pipelines in California, the western region, and in Washington D.C.
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Professionals
Samuel D. Bacal-Graves
Samuel D. Bacal-Graves
Associate

Sam Bacal-Graves helps public and private clients successfully navigate complex permitting, land use, and environmental issues.
Industry Areas:
ConstructionEnergy & Utilities
Healthcare
Higher Education
Municipal & Public Agency
Nonprofit/Tax-Exempt Organizations
Real Estate
Water Rights & Resources
Practice Areas:
Air Quality & Climate ChangeAppellate & Writ Practice
CEQA / NEPA
Endangered Species
Energy
Energy Project Development
Environmental/Toxics Litigation
Flood Protection Law
Land Use
Public Utility Regulation
Real Estate
Real Property & Land Use Litigation
Sacramento 916.520.5452
Associate
Sacramento 916.520.5452
Nicolas D. Chapman
Nicolas D. Chapman
Associate

Nicolas Chapman's practice focuses primarily on water resources, encompassing surface and groundwater rights litigation, endangered species issues, federal reclamation law, flood protection, and public agency issues.
Practice Areas:
Endangered SpeciesFlood Protection Law
Groundwater Law
Public Trust Doctrine
Sustainable Groundwater Management Act (SGMA)
Water Law
Water Rights Litigation
Sacramento 916.520.5466
Associate
Sacramento 916.520.5466
Austin C. Cho
Austin C. Cho
Partner

When facing complex water rights issues, clients look to Austin Cho for his shrewd analysis and creative solutions.
Practice Areas:
CEQA / NEPAEndangered Species
Flood Protection Law
Groundwater Law
Public Trust Doctrine
Regulatory Law & Business Permitting
Sustainable Groundwater Management Act (SGMA)
Water Law
Water Rights Litigation
Sacramento 916.520.5212
Partner
Sacramento 916.520.5212
Andrea P. Clark
Andrea P. Clark
Partner

Andrea Clark focuses on water rights and flood control, serving as general counsel to a variety of public agencies from local reclamation districts and water districts serving agricultural interests to regional joint powers authorities.
Practice Areas:
Flood Protection LawFood & Agriculture
Groundwater Law
Infrastructure
Regulatory Law & Business Permitting
Sustainable Groundwater Management Act (SGMA)
Water Law
Water Rights Litigation
Sacramento 916.520.5424
Partner
Sacramento 916.520.5424
Ernest Conant
Ernest Conant
Counsel

Ernest Conant has been at the forefront of California water law for more than four decades, managing and resolving water resources management issues, particularly those involving water rights and supply, endangered species, and environmental challenges.
Practice Areas:
CEQA / NEPAEndangered Species
Groundwater Law
Infrastructure
Sustainable Groundwater Management Act (SGMA)
Water Law
Water Rights Litigation
Sacramento 916.520.5348
Counsel
Sacramento 916.520.5348
Brian T. Cragg
Brian T. Cragg
Partner

Clients turn to Brian Cragg when they need advice on energy regulatory and transactional matters, including meeting regulatory requirements for the development or purchase of generation, energy storage, and transmission projects, evaluating the risk of energy-related investments, and navigating the interconnection, transmission, and new resource processes of the California Independent System Operator.
San Francisco 415.848.4813
Partner
San Francisco 415.848.4813
Michael B. Day
Michael B. Day
Partner

Michael B. Day is one of the most experienced attorneys in the Public Utility sector and has successfully represented a wide variety of energy clients in cases before the California Public Utilities Commission (CPUC).
Practice Areas:
EnergyEnergy Project Development
Infrastructure
Pipelines & Terminals
Public Utility Regulation
San Francisco 415.848.4804
Partner
San Francisco 415.848.4804
Jedediah J. Gibson
Jedediah J. Gibson
Partner

Jed Gibson has nearly 20 years of experience developing California energy regulatory policy and practicing administrative litigation before the California Public Utilities Commission (CPUC) and California Energy Commission (CEC).
Practice Areas:
Air Quality & Climate ChangeEnergy
Energy Project Development
Infrastructure
Public Utility Regulation
Sacramento 916.520.5280
Partner
Sacramento 916.520.5280
Brian E. Hamilton
Brian E. Hamilton
Counsel

Brian Hamilton applies his litigation skills to help water clients achieve results in and out of the courtroom.
Practice Areas:
CEQA / NEPAEndangered Species
Environmental/Toxics Litigation
Groundwater Law
Sustainable Groundwater Management Act (SGMA)
Water Law
Water Rights Litigation
Sacramento 916.520.5340
Counsel
Sacramento 916.520.5340
Amy R. Higuera
Amy R. Higuera
Partner / Co-Chair, Diversity Committee

Amy Higuera has successfully represented numerous clients in achieving favorable results in environmental law and land use entitlement matters.
Industry Areas:
ConstructionEnergy & Utilities
Municipal & Public Agency
Nonprofit/Tax-Exempt Organizations
Real Estate
Water Rights & Resources
Practice Areas:
Air Quality & Climate ChangeAppellate & Writ Practice
CEQA / NEPA
Endangered Species
Energy
Energy Project Development
Infrastructure
Land Use
Real Estate
Real Property & Land Use Litigation
Regulatory Law & Business Permitting
Water Quality Law
San Francisco 415.848.4836
Partner
San Francisco 415.848.4836
Breana M. Inoshita
Breana M. Inoshita
Associate

Breana Inoshita is committed to assisting her public agency and private clients navigate a wide variety of complex land use and environmental issues.
Industry Areas:
ConstructionEnergy & Utilities
Municipal & Public Agency
Real Estate
Water Rights & Resources
Practice Areas:
Air Quality & Climate ChangeCEQA / NEPA
Endangered Species
Energy
Energy Project Development
Land Use
Pipelines & Terminals
Public Trust Doctrine
Real Property & Land Use Litigation
Regulatory Law & Business Permitting
San Francisco 415.848.4845
Associate
San Francisco 415.848.4845
Thomas J. MacBride, Jr.
Thomas J. MacBride, Jr.
Of Counsel

Thomas MacBride, Jr. has practiced before the California Public Utilities Commission (CPUC) for more than 45 years.
San Francisco 415.848.4842
Of Counsel
San Francisco 415.848.4842
Christopher M. Marelich
Christopher M. Marelich
Associate

Christopher Marelich is committed to helping clients navigate California’s complex energy and environmental regulatory landscape.
Practice Areas:
Air Quality & Climate ChangeCEQA / NEPA
Energy
Energy Project Development
Environmental Enforcement Defense
Environmental Remediation & Due Diligence
Environmental/Toxics Litigation
Infrastructure
Pipelines & Terminals
Proposition 65
Public Utility Regulation
Sacramento 916.520.5246
Associate
Sacramento 916.520.5246
Christian L. Marsh
Christian L. Marsh
Partner / Executive Committee Member

Public agencies and private companies turn to Christian Marsh for advice on regulatory and land use entitlement issues governing real estate developments, ground and surface water supply projects, renewable and non-renewable energy facilities, mining operations and processing plants, and port and waterfront developments.
Practice Areas:
Air Quality & Climate ChangeAppellate & Writ Practice
CEQA / NEPA
Endangered Species
Energy
Energy Project Development
Environmental Enforcement Defense
Environmental Remediation & Due Diligence
Environmental/Toxics Litigation
Groundwater Law
Infrastructure
Land Use
Pipelines & Terminals
Public Trust Doctrine
Real Property & Land Use Litigation
Regulatory Law & Business Permitting
Water Law
Water Quality Law
Water Rights Litigation
San Francisco 415.848.4830
Partner
San Francisco 415.848.4830
Clifton J. McFarland
Clifton J. McFarland
Of Counsel

Clif McFarland is an experienced environmental lawyer with a strong science background who represents aerospace, energy, real estate, natural resources and other companies and investor groups.
Practice Areas:
Environmental Enforcement DefenseEnvironmental Remediation & Due Diligence
Environmental/Toxics Litigation
Pipelines & Terminals
Regulatory Law & Business Permitting
Sacramento 916.520.5330
Of Counsel
Sacramento 916.520.5330
Sarah Nagle
Sarah Nagle
Associate

Using her creativity and analytical skillset, Sarah Nagle supports work on varied environmental issues to provide clarity for clients.
Practice Areas:
Air Quality & Climate ChangeCEQA / NEPA
Environmental Enforcement Defense
Environmental Remediation & Due Diligence
Environmental/Toxics Litigation
Infrastructure
Land Use
San Francisco 415.848.4835
Associate
San Francisco 415.848.4835
Meredith E. Nikkel
Meredith E. Nikkel
Partner

Clients facing complex water right issues rely on Meredith Nikkel’s discerning eye as a litigator and her problem-solving approach as an innovator.
Practice Areas:
CEQA / NEPAEndangered Species
Groundwater Law
Public Trust Doctrine
Regulatory Law & Business Permitting
Sustainable Groundwater Management Act (SGMA)
Water Law
Water Rights Litigation
Sacramento 916.520.5211
Partner
Sacramento 916.520.5211
Kevin M. O’Brien
Kevin M. O’Brien
Partner

Kevin O’Brien assists clients throughout California in water rights, water quality, endangered species, and environmental matters. His clients include water districts, cities, counties, private landowners, real estate developers, wineries and mining companies.
Practice Areas:
InfrastructurePublic Trust Doctrine
Regulatory Law & Business Permitting
Sustainable Groundwater Management Act (SGMA)
Water Law
Water Rights Litigation
Sacramento 916.520.5235
Partner
Sacramento 916.520.5235
Kathryn L. Oehlschlager
Kathryn L. Oehlschlager
Partner / Chair, Natural Resources Department

With more than 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.
Industry Areas:
AerospaceAgribusiness
Construction
Energy & Utilities
Higher Education
Municipal & Public Agency
Nonprofit/Tax-Exempt Organizations
Real Estate
Water Rights & Resources
Practice Areas:
Air Quality & Climate ChangeCEQA / NEPA
Endangered Species
Energy
Energy Project Development
Environmental Enforcement Defense
Environmental Remediation & Due Diligence
Environmental/Toxics Litigation
Flood Protection Law
Groundwater Law
Infrastructure
Land Use
Proposition 65
Public Trust Doctrine
Real Property & Land Use Litigation
Water Law
Water Quality Law
San Francisco 415.848.4820
Partner
San Francisco 415.848.4820
Dustin D. Peterson
Dustin D. Peterson
Associate

Dustin Peterson is a results-oriented attorney that is focused on helping both private and public sector clients find creative and efficient solutions to navigating complex environmental and land use issues.
Practice Areas:
Appellate & Writ PracticeCEQA / NEPA
Environmental/Toxics Litigation
Land Use
Real Estate
Real Property & Land Use Litigation
Water Law
Sacramento 916.520.5298
Associate
Sacramento 916.520.5298
Scott L. Shapiro
Scott L. Shapiro
Partner / Former Managing Partner

Scott Shapiro is highly regarded for his expertise in flood protection improvement projects throughout California’s Central Valley and the West, as well as his successful track record on issues of water rights and water supplies.
Practice Areas:
EnergyEnergy Project Development
Flood Protection Law
Infrastructure
Regulatory Law & Business Permitting
Water Law
Sacramento 916.520.5234
Partner
Sacramento 916.520.5234
Andrew M. Skanchy
Andrew M. Skanchy
Partner

Andrew Skanchy helps clients get projects done. Although the permitting process can be confusing and daunting, Andrew has extensive experience navigating clients through the morass and helping them achieve their objectives.
Practice Areas:
Air Quality & Climate ChangeCEQA / NEPA
Environmental Remediation & Due Diligence
Food & Agriculture
Land Use
Public Trust Doctrine
Real Property & Land Use Litigation
Sacramento 916.520.5412
Partner
Sacramento 916.520.5412
Rebecca R. A. Smith
Rebecca R. A. Smith
Partner / Recruiting Partner

Clients facing challenging, sensitive, or complex water law issues rely on Rebecca Smith’s expertise to best map their path.
Industry Areas:
AgribusinessHigher Education
Municipal & Public Agency
Real Estate
Water Rights & Resources
Practice Areas:
CEQA / NEPAEndangered Species
Flood Protection Law
Food & Agriculture
Food & Agriculture Litigation
Groundwater Law
Land Use
Real Property & Land Use Litigation
Sustainable Groundwater Management Act (SGMA)
Water Law
Water Rights Litigation
Sacramento 916.520.5281
Partner
Sacramento 916.520.5281
Megan J. Somogyi
Megan J. Somogyi
Partner / Executive Partner of S.F. Office / Writing Development Program Director

Megan Somogyi specializes in the California Public Utilities Commission and California regulated utilities. She assists clients in a broad array of utility-related matters, including wildfires and power shutoff proceedings, utility certification and ratemaking, nuclear power plant decommissioning, tariff filings, energy industry rulemakings, administrative litigation, and regulatory compliance.
Practice Areas:
EnergyEnergy Project Development
Infrastructure
Pipelines & Terminals
Public Utility Regulation
San Francisco 415.848.4829
Partner
San Francisco 415.848.4829
Robert P. Soran
Robert P. Soran
Partner / Executive Committee Member

Known as a strong advocate and litigator with more than 30 years of experience, clients with interests throughout California rely on Bob Soran for his expertise in compliance with federal, state, and local environmental laws and regulations.
Practice Areas:
Air Quality & Climate ChangeEnergy
Energy Project Development
Environmental Enforcement Defense
Environmental Remediation & Due Diligence
Environmental/Toxics Litigation
Food & Agriculture
Food & Agriculture Litigation
Pipelines & Terminals
Proposition 65
Real Property & Land Use Litigation
Regulatory Law & Business Permitting
Sacramento 916.520.5364
Partner
Sacramento 916.520.5364
James D. Squeri
James D. Squeri
Of Counsel

James D. Squeri primarily practices before the California Public Utilities Commission (CPUC), with his main focus on energy and transportation-related issues.
Practice Areas:
EnergyEnergy Project Development
Infrastructure
Pipelines & Terminals
Public Utility Regulation
San Francisco 415.848.4831
Of Counsel
San Francisco 415.848.4831
Taylor Strain
Taylor Strain
Associate

Taylor Strain is dedicated to assisting clients with complex issues involving water rights and agricultural litigation.
Sacramento 916.520.5284
Associate
Sacramento 916.520.5284
Tina Thomas
Tina Thomas
Of Counsel

Tina Thomas practices law the same way she lives life outside the firm - with relentless drive, unshakable commitment, and intrepidity.
Industry Areas:
Energy & UtilitiesMunicipal & Public Agency
Nonprofit/Tax-Exempt Organizations
Real Estate
Water Rights & Resources
Sacramento 916.520.5380
Of Counsel
Sacramento 916.520.5380
Jake R. Voorhees
Jake R. Voorhees
Associate

Jake Voorhees helps clients navigate the complexities of surface and groundwater water rights and supply with precision and passion.
Practice Areas:
CEQA / NEPAGroundwater Law
Sustainable Groundwater Management Act (SGMA)
Water Law
Water Rights Litigation
Sacramento 916.520.5322
Associate
Sacramento 916.520.5322