Melissa A. Thorme
Partner
For over 30 years, industrial and municipal clients have regularly turned to Melissa Thorme to assist in resolving their environmental compliance issues and negotiating or litigating their regulatory enforcement actions.
Melissa counsels numerous businesses, including food processors, lumber companies, agricultural entities, contractors, marinas and boat yards, auto dismantlers, small manufacturing companies, and oil field waste produced water facilities, in addition to sanitation districts, counties, and cities throughout California on matters related to NPDES, wastewater, and recycled water discharge permitting and waivers, TMDLs, and enforcement actions brought by regulatory agencies or in Clean Water Act/Prop. 65 citizen suits. She also assists with stormwater drainage matters for public agencies, vineyards, and food processing businesses.
With a specific focus on stormwater and wastewater regulatory compliance issues, Melissa has successfully negotiated or challenged numerous discharge permits and enforcement actions before administrative agencies and in state and federal courts, with two consolidated permit appeal cases for the cities of Los Angeles and Burbank receiving a published opinion in the California Supreme Court. Melissa has also successfully litigated challenges to invalidate state and U.S. EPA water quality standards set in the Central Valley and Los Angeles regions, and has negotiated many settlement agreements for various clients. In addition to water-related law, Melissa also has experience in complex litigation, CEQA, land use planning, real estate transactions, site investigation and remediation, endangered species compliance, 404 dredge and fill projects, and 401 certification processing.
Professional, Community And Pro Bono Involvement
- American Bar Association, 1991- present
- Downey Brand LLP, Former Executive Committee Member
- California Association of Sanitation Agencies (CASA), Attorneys Committee and Federal Legislative Committee
- Central Valley Clean Water Association, Associate member
- California Department of Real Estate, Salespersons License 1986-2019, Broker License since 2019
- California Lawyers Association, Environmental Law Section
- Santa Lucia Preserve Community Service District, Board of Directors, 2019 to present
- Putah Creek Council, Board of Directors 2015-2019
- Norwood 4-H Club (Yolo County), Community Club Leader, 2012-2014; 4-H Project Leader 2004-2015
- Association of California Water Agencies (ACWA), Clean Water Sub-Committee and TMDL Workgroup, Former Chair
- Sacramento River Toxic Pollutant Control Program Subcommittees, Former Facilitator
- Riparian Improvement Organization (RIO), Former President
- Tulane University School of Law, Environmental Advocacy class, Former Instructor and Environmental Law Fellow/Co-Director of Environmental Law Clinic
Honors & Rankings
- AV Preeminent® Rating by Martindale-Hubbell®
- The Martindale-Hubbell® Bar Register of Preeminent Women Lawyers™
- Best Lawyers® 2018 Water Law “Lawyer of the Year” in Sacramento
- Best Lawyers in America©, Water Law, 2008-2024
- Best Lawyers in America©, Environmental Law, Natural Resources Law, 2023-2024
- Sacramento Magazine, Top Lawyer, Environmental, Energy & Natural Resources, 2015-2022
- Super Lawyers, Northern California Super Lawyer, Environmental Litigation, 2006, 2012-2013, 2016-2022
- Best Lawyers, Women in the Law, 2016
- Recipient of two LiFE awards for environmental literature
- Roscoe Hogan Environmental Law Essay Contest, Winner
- LEXIS Excellence in Writing Award, Winner
- Challenged the water quality standards for salinity applicable in the Southern Delta in state court on behalf of a Central Valley city and succeeded in receiving a writ of mandate instructing the State Water Resources Control Board to review and revise the standards in accordance with state law, namely Water Code sections 13241 and 13242.
- Successfully prosecuted an industrial discharger before the Steering Committee of a southern California Sanitation District that violated local ordinances and its sewer use permit, securing substantial administrative penalties and permit revocation.
- Settled a $4 million dollar initial Administrative Civil Liability Complaint for Mandatory Minimum Penalties (MMPs) for a small mutual water company in Lake County for a suspended penalty amount of $2.8 million that was completely expunged after the client converted its company into a non-profit and received over $2.5 million in State grant funds to be spent on upgrading its drinking water treatment plant.
- Settled three different enforcement actions by two Regional Water Boards and one County District Attorney against an agricultural operation for alleged unlawful discharges during storm events that funded 2 large Supplemental Environmental Projects (SEPs) to provide clean drinking water to nearby homes and rehabilitate creek beds.
- Succeeded in extricating the state’s Department of Corrections and Rehabilitation, a county, a city, a sanitation agency, and at least two industrial stormwater clients from Clean Water Act citizen suits without any litigation or the need for a settlement, and settled numerous other cases for industrial and municipal clients in stormwater and sewer spill cases.
- Settled a proposed Administrative Civil Liability of over $1 million for a single sewer spill for $130,000, plus $120,000 in suspended penalties if this small Central Valley city completes Enhanced Compliance projects aimed at avoiding future spills.
- Tried a multiple week breach of contract case in Federal district court for a public utilities district in Southern California and received a decision finding bad faith breach of contract. The case involved numerous issues relating to engineering, water quality, and regulatory requirements under state and federal law.
- Drafted amicus curiae briefs for the League of California Cities, California State Association of Counties, and the National League of Cities before the U.S. Supreme Court and the Ninth Circuit Court of Appeals in the Natural Resources Defense Council v. Los Angeles County Flood Control District case (USSC Case No. 11-460) and in support of additional review (USSC Case No. 13-901).
- Challenged U.S. EPA’s approval and disapproval of water quality standards the Los Angeles Region in Federal court and succeeded in removing the municipal drinking water (MUN) use from waterways in that region that had only been conditionally designated and gaining clarity on regulating using narrative water quality objectives.
- Appealed NPDES permits for the cities of Burbank and Los Angeles all the way to the California Supreme Court in the City of Burbank v. State Water Resources Control Board case, which resulted in a ruling requiring the Water Boards to perform additional state law analysis if requirements more stringent than required by federal law are included in discharge permits. Have done dozens of other permit appeals, many of which are placed in abeyance.
- Represented a Central Coast wastewater treatment plant in a 17-hour adjudicatory hearing before the Central Coast Regional Water Quality Control Board over a million dollar Administrative Civil Liability Complaint related to a sewer spill that occurred during a declared flood emergency. The matter was ultimately settled.
- Specialized expertise in water quality based on a solid science background, which provides a unique understanding of chemical, biological, and ecological ramifications of water quality policies and regulation, as well as a clear understanding of the regulations and their history.
- Substantial Federal court litigation experience, including discovery, taking and defending fact and expert witness depositions, briefing, and oral advocacy.
- Extensive State court experience, including writ practice in Superior Courts and substantial appellate advocacy experience briefing and arguing cases before California Appellate Courts and the California Supreme Court as counsel to parties and amicus curiae.
- Negotiated scores of achievable NPDES permits for municipal and industrial storm water and wastewater discharges throughout California, as well as agricultural waivers, Section 404 permits, 401 Certifications, and waste discharge requirements for dredging projects.
- Administratively and judicially challenged unlawful or unreasonable provisions in numerous NPDES permits for publicly owned treatment plants and municipal separate storm sewer systems where reasonable permits could not be negotiated.
- Defended and settled administrative NPDES permit enforcement actions and Mandatory Minimum Penalty (MMP) actions related to water quality, and citizen suits filed under the Clean Water Act (CWA) and the Resource Conservative and Recovery Act (RCRA) against municipal and industrial clients. Several enforcement defense matters resulted in no penalty or a substantially reduced penalty to the client.
- Commented on, negotiated the terms of, or litigated several Total Maximum Daily Loads (TMDLs), including for chloride, trash, nitrogen, bacteria, mercury, and pesticides, and Site Specific Objectives (SSOs), including for copper, nickel, and cyanide.
- Successfully litigated California Environmental Quality Act (CEQA) cases, including one in Federal court. In other situations, helped draft environmental documents that were never challenged.
Announcements
37 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” -
August 3, 202233 Downey Brand Attorneys Named Top Lawyers by Sacramento Magazine
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July 7, 202232 Downey Brand Attorneys Named 2022 Northern California Super Lawyers and Rising Stars
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August 19, 202119 Downey Brand Attorneys picked to represent The Best Lawyers in America® 2022
Two selected as 2022 Best Lawyers® “Lawyer of the Year” -
July 7, 202130 Downey Brand Attorneys Named 2021 Northern California Super Lawyers and Rising Stars
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June 17, 202138 Downey Brand Attorneys Honored as Top Lawyers by Sacramento Magazine
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August 20, 202024 Attorneys from Downey Brand selected as The Best Lawyers in America© 2021
Two selected as 2021 Best Lawyers® “Lawyer of the Year” -
July 24, 202045 Downey Brand Attorneys Earn Top Lawyers Distinction from Sacramento Magazine
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July 8, 202025 Downey Brand Attorneys Named 2020 Northern California Super Lawyers and Rising Stars
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August 15, 201919 Attorneys from Downey Brand named as The Best Lawyers in America© 2020
Two Named 2020 Best Lawyers® “Lawyer of the Year” -
June 26, 201922 Downey Brand Attorneys Recognized as 2019 Northern California Super Lawyers and Rising Stars
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May 1, 201949 Downey Brand Attorneys Distinguished as Top Lawyers by Sacramento Magazine
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August 20, 201815 Downey Brand Attorneys Recognized in The Best Lawyers in America© 2019
Three Named 2019 Best Lawyers® “Lawyer of the Year” -
July 16, 201821 Downey Brand Attorneys Selected as 2018 Northern California Super Lawyers and Rising Stars
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June 29, 2018Sacramento Magazine Recognizes 54 Downey Brand Attorneys As Top Lawyers
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August 18, 201715 Attorneys from Downey Brand Recognized in The Best Lawyers in America© 2018
Two Named 2018 Best Lawyers® “Lawyer of the Year” -
July 14, 201752 Downey Brand Attorneys Make Sacramento Magazine’s 2017 Top Lawyers List
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July 10, 201717 Downey Brand Attorneys Recognized as 2017 Northern California Super Lawyers and Rising Stars
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August 12, 201610 Downey Brand Attorneys Named as The Best Lawyers in America© 2017
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July 15, 201660 Downey Brand Attorneys Make Sacramento Magazine’s 2016 Top Lawyers List
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July 11, 201617 Downey Brand Attorneys Named 2016 Northern California Super Lawyers and Rising Stars
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May 31, 2016Downey Brand Partners Recognized as “Women in the Law” By Their Peers
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August 14, 201510 Downey Brand Attorneys Named as The Best Lawyers in America© 2016
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July 14, 201551 Downey Brand Attorneys Named to Sacramento Magazine’s 2015 Top Lawyers List
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August 15, 201410 Attorneys from Downey Brand Recognized in The Best Lawyers in America© 2015
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August 9, 2013Nine Attorneys from Downey Brand Recognized in The Best Lawyers in America© 2014
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July 9, 201315 Downey Brand Attorneys Named 2013 Northern California Super Lawyers and Rising Stars
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August 10, 2012Eight Downey Brand Attorneys Named as The Best Lawyers in America© 2013
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July 11, 201212 Downey Brand Attorneys Recognized as 2012 Northern California Super Lawyers and Rising Stars
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August 12, 2011Seven Downey Brand Attorneys Named as The Best Lawyers in America© 2012
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August 13, 2010Six Downey Brand Attorneys Named as The Best Lawyers in America© 2011
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August 14, 2009Six Attorneys from Downey Brand Named as The Best Lawyers in America© 2010
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August 8, 2008Six Downey Brand Attorneys Named as The Best Lawyers in America© 2009
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August 13, 2007Five Downey Brand Attorneys Named as The Best Lawyers in America© 2008
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July 9, 2006Three Downey Brand Attorneys Recognized as 2006 Northern California Super Lawyers
In the News
4 related items-
August 2019Litigation Logic: Interview with Attorney Melissa Thorme
The Rain Events Newsletter -
April 5, 2018In Bellwether Decision, Water Board Orders McKittrick Oilfield Disposal Pond Operator to Monitor Pollutants
Bakersfield Californian -
October 4, 2012Sanitation District Hit with $1.1 Million Fine
Santa Maria Times -
July 4, 2004Polluted Waters Trigger Call for Change
LATimes.com
Speaking Engagements / Events
20 related items-
October 5, 2022Clean Water Act at 50: What’s Next for California Clean Water Laws?Webinar hosted by California Water Environment Association (CWEA)
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September 28-29, 2016What To Know For The Next Wet Season And BeyondPresenter, Storm Water Awareness Week Webcasts
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April 7, 2016Use of Recycled Oil Field Wastewater for Irrigation of Food CropsCo-presenter, Tchobanoglous Water Lecture
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April 3, 2016History of Monticello DamModerator, Celebrate Putah Creek Conference
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February 2016The Battle Over Chronic Toxicity TestingPresenter, ACWA Water Quality Committee Meeting
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December 15, 2014Industrial Stormwater IssuesPanelist, California League of Food Processors
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October 15, 2014Clean Water Act LiabilityPresenter, CWEA Operators Conference
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September 15, 2014Stormwater ShowdownPresenter, Citizen Suit Enforcement - Stormwater Awareness Week
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May 20, 2014Legal Update on Storm Water RegulationPresenter, League of California Cities, 2014 City Attorneys' Spring Conference
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February 2014Complying with Storm Water RequirementsPresenter, Association of General Contractors Legal Meeting
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January 2014Cross-Disciplinary Issues Related to the Regulation of Waste Water Storm WaterPresenter, Downey Brand CLE
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December 2013Your ‘Stay Out of Jail’ Card – Learn about Clean Water Act CompliancePresenter, Nevada Water Laws and Regulations
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November 2013Complying with Stormwater and Surface Water Management RegulationsPresenter, Current Issues in Water Law Conference
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September 2013Receiving Water Limitations Lessons and LitigationCo-presenter, California Stormwater Quality Association (CASQA) Conference
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April 23, 2013Nitrates in Groundwater – The New Water Quality BattlegroundPresenter, Argent Communications 28th Annual California Water Law & Policy Conference
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November 2012Citizens versus Stormwater: the Malibu Citizen Suit LitigationCo-presenter, California Stormwater Quality Association (CASQA) Conference
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September 2012Water in the Vineyard: The World of Overlapping RegulationCo-presenter, CEB Wine Law Forum
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June 2012Educational Seminar on the Vineyard WaiverPresenter, Winegrowers of Napa County
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October 2011Is It Really Toxic? – Panel on Whole Effluent Toxicity (WET) RegulationPanelist, ABA Environment, Energy, and Resources Law Summit
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August 2011Fighting Back – Defending a Citizen LawsuitPresenter, California Association of Sanitation Agencies (CASA) Annual Conference
Blogs
2 related items-
May 30, 2023The End of an Era: U.S. Supreme Court Eliminates Significant Nexus Test in Favor of Relatively Permanent Waters, Ruling in Favor of the Sacketts and States’ Rights by Restricting Jurisdictional Waters of the United States
CEQA Chronicles -
March 3, 2023California Appeals Court Rules that State Water Board’s Duty to Prevent Waste and Unreasonable Use of Water is “Highly Discretionary”
CEQA Chronicles
Legal Alerts
34 related items-
August 28, 2023Supreme Court Denies Review of California Appeals Court Ruling that State Water Board’s Duty to Prevent Waste and Unreasonable Use of Water is “Highly Discretionary”
Water Quality 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 -
February 28, 2023California Appeals Court Rules that State Water Board’s Duty to Prevent Waste and Unreasonable Use of Water is “Highly Discretionary”
Water Quality Law -
December 9, 2022State Water Board Adopts New Sanitary Sewer Systems Waste Discharge Requirements
Water Quality Law -
July 7, 2022Ninth Circuit Court of Appeals Reverses RCRA Citizen Suit Decision Affecting Drinking Water Supply Agencies in California River Watch v. City of Vacaville
Water Quality Law -
May 15, 2022U.S. Department of Justice Announces New Office of Environmental Justice and Return of Supplemental Environmental Projects
Environmental Law -
October 15, 2021Ninth Circuit Finds that Distribution of Drinking Water Containing MCL-Compliant Levels of Hexavalent Chromium Gives Rise to RCRA Liability in Decision that Upends Law of the Circuit
Environmental Law -
March 5, 2021Proposed “California Clean Water Act” (AB 377) Would Restrict Ability to Secure Schedules of Compliance in Water Quality Permits or Other Water Quality-Related Orders
Water Quality Law -
April 24, 2020Clean Water Act Permits Now Required When a Point Source Discharge Through Groundwater is the “Functional Equivalent” of a Direct Discharge to Navigable Waters
Water Quality Law -
March 20, 2020Compliance with Water Board Requirements During the Coronavirus 2019 (COVID-19) Emergency
Downey Brand COVID-19 News and UpdatesEnvironmental Law -
April 4, 2019After Years of Handwringing and Lengthy Stakeholder Negotiations, California Water Board Adopts State Wetland Definition and Procedures for Discharges of Dredge or Fill Material to Waters of the State
Environmental Law -
November 21, 2018State Water Resources Control Board Issues Draft Toxicity Policy – What You Need to Know
Water Quality Law -
August 31, 2018U.S. District Court Holds USEPA Must Regulate Previously Exempted Stormwater Runoff from Specified Commercial, Industrial, and Institutional Sources in Los Angeles
Water Quality Law -
April 11, 2018U.S. EPA Region 9 Enforcement Priorities Revealed
Environmental Law -
January 9, 2018Amendments to the California Industrial General Storm Water Permit on the Horizon
Water Law -
July 26, 2017Local California Governments Sue Fossil Fuel Companies for Rising Sea Levels
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June 12, 2017DOJ Issues Policy Memo Limiting the Use of Supplemental Environmental Projects in Federal Settlements
Environmental Law -
April 4, 2017Water Board Adopts Revisions to Enforcement Policy That Are Expected to Generally Increase Penalties
Environmental Law -
March 31, 2017Short-Lived Climate Pollutant Strategy Outlines a Role for POTWs in Organic Waste Diversion
Uncategorized -
February 9, 2017NRDC/WaterKeeper Challenge to 2012 Los Angeles Municipal Storm Water Permit Denied
Water Quality Law -
September 9, 2016OEHHA Adopts Unclear Amendments to the “Clear and Reasonable Warning” Regulations – Exacerbating Proposition 65 Problems
Environmental Law -
August 16, 2016WARNING: Proposed Revisions to Water Boards’ Enforcement Policy Will Likely Lead to Higher Penalties
Water Law -
June 13, 2016U.S. Supreme Court Upholds Hawkes Ruling that Wetland “Jurisdictional Determinations” Are Subject to Judicial Review
Water Quality Law -
March 18, 2016Update: California Supreme Court Holds Inadvertent Production of Attorney-Client Privileged Documents under a Public Records Act Request Does Not Waive the Privilege
Public Agency -
October 9, 2015EPA’s Water Rule Blocked Nationwide
Water Quality Law -
September 2015ESWR Update: WOTUS Rule Blocked by Federal Judge in North Dakota
Environmental Law -
August 18, 2015Showdown at California Supreme Court over Waiver of Attorney-Client Privilege in Public Records after Inadvertent Disclosure
Public Agency -
April 2014State Water Board Adopts Industrial Storm Water General Permit: Prepare!
Water Quality Law -
March 3, 2014Water Boards Turn Focus Toward Oil Field Waste
Water Law -
August 2013Ninth Circuit Issues New Ruling in LA County Flood Control Case Contradictory To Its Own Earlier Rulings, Resulting in Compliance Uncertainty
Environmental Law -
August 2013State Water Board Solicits Comments on “Final Draft” Industrial Storm Water General Permit
Environmental Law -
July 2013Agriculture Meets the Antidegradation Policy
Food and Agriculture Law -
February 11, 2013Napa/Sonoma Vineyard Waiver Indefinitely Delayed – Feb. 11, 2013
Food and Agriculture Law -
January 9, 2013U.S. Supreme Court Reverses Ninth Circuit and Reaffirms Water Transfer Precedent in Los Angeles County MS4 Clean Water Act Case
Environmental Law
Publications
2 related items-
Fall 2014Status of Stormwater Regulation in California
State Bar of California, Environmental Law News, Vol. 23, No. 2 -
March 2014Consumer Advocacy Group, Inc. Issues Prop 65 Notices to Grocers Alleging Presence of Arsenic in Rice
California Grocers Association, Online Newsletter
In addition to practicing law and having a family, Melissa spends her free-time as a weekend equestrienne, real estate broker, and aspiring best-selling writer. Working on publishing her third novel and fourth book, she has previously published two legal thrillers under the pen name, M. T. Kingsley. All of the proceeds from the sales of her books go to charity, including the Anne B. Kingsley Ovarian Cancer Research Foundation that raises money to fund research for early detection of ovarian cancer, which prematurely took the life of her mother-in-law. Melissa loves to travel and hopes to one day become a spa critic when she ultimately retires from law practice.
Professional, Community And Pro Bono Involvement
- American Bar Association, 1991- present
- Downey Brand LLP, Former Executive Committee Member
- California Association of Sanitation Agencies (CASA), Attorneys Committee and Federal Legislative Committee
- Central Valley Clean Water Association, Associate member
- California Department of Real Estate, Salespersons License 1986-2019, Broker License since 2019
- California Lawyers Association, Environmental Law Section
- Santa Lucia Preserve Community Service District, Board of Directors, 2019 to present
- Putah Creek Council, Board of Directors 2015-2019
- Norwood 4-H Club (Yolo County), Community Club Leader, 2012-2014; 4-H Project Leader 2004-2015
- Association of California Water Agencies (ACWA), Clean Water Sub-Committee and TMDL Workgroup, Former Chair
- Sacramento River Toxic Pollutant Control Program Subcommittees, Former Facilitator
- Riparian Improvement Organization (RIO), Former President
- Tulane University School of Law, Environmental Advocacy class, Former Instructor and Environmental Law Fellow/Co-Director of Environmental Law Clinic
Honors & Rankings
- AV Preeminent® Rating by Martindale-Hubbell®
- The Martindale-Hubbell® Bar Register of Preeminent Women Lawyers™
- Best Lawyers® 2018 Water Law “Lawyer of the Year” in Sacramento
- Best Lawyers in America©, Water Law, 2008-2024
- Best Lawyers in America©, Environmental Law, Natural Resources Law, 2023-2024
- Sacramento Magazine, Top Lawyer, Environmental, Energy & Natural Resources, 2015-2022
- Super Lawyers, Northern California Super Lawyer, Environmental Litigation, 2006, 2012-2013, 2016-2022
- Best Lawyers, Women in the Law, 2016
- Recipient of two LiFE awards for environmental literature
- Roscoe Hogan Environmental Law Essay Contest, Winner
- LEXIS Excellence in Writing Award, Winner