We represent individuals and companies who are involved in real estate development, design and construction disputes. Our litigators serve as defendants and plaintiffs on behalf of property owners and managers, developers, contractors and subcontractors, architects, engineers, and equipment suppliers. In addition, we have experience in virtually all aspects of renewable energy development disputes, from stakeholder or governmental protests, to the mediation, arbitration, and litigation.
Our lawyers have litigated issues involving highly technical requirements, design, construction methods, specifications compliance, delay, quality of work, site conditions, changes and cost recovery. Commercial projects have included new headquarter buildings for some of the world’s largest international companies, research and development facilities, residential high-rises, hospitals, and manufacturing plants. In addition to litigating cases, our lawyers frequently serve the construction industry by sitting as arbitrators and mediators of disputes. We have the strategic skill and depth of knowledge to secure the best solution.
Our representative matters include:
- Obtained summary judgement in an action brought by a federally recognized Indian tribe alleging violations to The National Environmental Policy Act (NEPA), The National Historic Preservation Act (NHPA) and The Federal Land Policy and Management Act (FLPMA) to vacate the approvals of the Modified Blythe Solar Power Project and enjoin the project’s development. Colorado River Indian Tribes et al. v. Department of the Interior et al., 5:14-cv-02504 (C.D. Cal.).
- Obtained summary judgment in an action involving alleged violations to the Endangered Species Act (ESA) and NEPA and sought to enjoin the Silver State South Project located near Las Vegas, Nevada. Defenders of Wildlife v. Jewell, et al., Case No. 2:14-CV-1656 (C.D. Cal.).
- Obtained dismissal and summary judgment in an action brought by a Native American group for alleged violations of NEPA, NHPA and Religious Freedom Restoration Act (RFRA) to stop the construction of the Genesis Solar Energy Project; decision was affirmed bythe 9th U.S. Circuit Court of Appeals). La Cuna de Aztlan Sacred Sites Protection Circle Advisory Committee, et al. v. United States Dept. of the Interior, et al., No. 13–56799 (9th Cir.).
- Defended a writ petition for alleged CEQA violations seeking to overturn the city’s approval of the Aries Solar Project (obtained denial of writ). Coalition for Responsible Solar, et al. v. City of Adelanto, et al. (Aries Solar Holding, LLC).
- Defended an action brought by a coalition of labor unions against the California Energy Commission for alleged CEQA violations concerning the CEC’s certification of the Blythe Solar Energy Project in the California desert (obtained dismissal of all claims). LIUNA v. Energy Resources Conservation and Development Commission, et al.
- Defended an action brought by a wind energy company against the City of Palm Springs and NextEra for alleged nuisance and due process violations (obtained dismissal of all claims against NextEra, summary judgment on the remaining claim against the City). Wind Energy Partnership, et al. v. NextEra Energy Resources, LLC, et al.
- Defended two actions brought by environmental groups in California Superior Court against the County of Kern to enjoin the development of the 162-megawatt North Sky River Wind Energy Project in the Tehachapi Wind Resource Area for alleged violations of CEQA (obtained denial of preliminary injunction motion and writ in both actions).
- Defended an action brought by a coalition of labor unions against the federal government to enjoin the development of the Genesis Solar Energy Project for alleged NEPA violations (obtained dismissal of all claims). California Unions for Reliable Energy v. U.S. Dep’t of the Interior, et al.
- Defended landowner actions in Iowa and Illinois for alleged nuisance and contract claims concerning wind energy projects.
- Defended, on behalf of one of the largest shopping center developers, a quiet title action concerning a multimillion-dollar property in Southern California.
- Defended, on behalf of renewable energy development companies, a multimillion-dollar unfair competition and public trust case brought by an environmental group based upon the alleged avian impacts at the Altamont Pass Wind Resource Area (obtained dismissal of the action which was affirmed on appeal). Center for Biological Diversity, Inc. v. FPL Group, Inc., et al.
- Prosecuting on appeal a multimillion-dollar property tax action against the County concerning the California Revenue and Taxation Code’s solar project exemption. Luz Solar Partners Ltd., III, et al. v. San Bernardino County, et al.
- Prosecuting an action for breach of an EPC agreement in the Southern District of New York. Zuni Solar, LLC v. Swinerton Builders.