East Contra Costa County Habitat Conservation Plan
On behalf of the Contra Costa Council, we are working with Contra Costa County and state and federal wildlife agencies in the preparation and adoption of a new habitat conservation plan to cover most of East Contra Costa County. Our responsibilities include negotiating terms of participation on behalf of the Council and all governmental agencies involved; working to shape the terms of the HCP to ensure its long-term success; and working with county officials, environmental groups, the California Department of Fish and Game, and the U.S. Fish and Wildlife Service to ensure the legal adequacy of the HCP and related documents (including NEPA review) under the requirements of the Endangered Species Act and related laws.

Counsel to Homebuilding Industry
We represent the developers and builders of the largest master planned communities in Northern California and the Central Valley, including: the Dougherty Valley (San Ramon), The River Islands at Lathrop (Califia Development Group), Mountain House (San Joaquin County), Twelve Bridges (Lincoln), Mare Island Naval Shipyard (Vallejo) and many others. On behalf of our clients in these matters, who include Lennar Communities, Centex Homes, Shea Homes, Toll Brothers, Brookfield Properties, Meritage Homes, Arnaiz Development, Ponderosa Homes, AKT Development, Richland Homes and others, we handle all aspects of the wetlands and endangered species permit process, including 404 permitting, Section 7 consultations, HCPs, responding to various listing petitions and other rulemakings, and enforcement and litigation.

Dutch Slough Tidal Marsh Restoration Project
We represented the landowners of 1,200 acres in Eastern Contra Costa County on land use, political and natural resource matters resulting in CALFED’s selection of the Dutch Slough Tidal Marsh Restoration project for approximately $28.5 million in funding. We worked closely with CALFED, the Conservation Fund, the Natural Heritage Foundation, the Department of Water Resources, and state and local elected officials to build political consensus on a complex series of agreements and memoranda of understanding related to this major tidal marsh restoration project. We were instrumental in structuring arrangements whereby various financial contributions and land dedications will be provided by the landowner clients to the City of Oakley.

U.S. Borax Life of Mine Project
We advised U.S. Borax in state and federal endangered species matters associated with the planned expansion of its existing mining operations in Kern County. The planned mine expansion involved the potential for impacts to the desert tortoise, Mojave ground squirrel, and LeConte’s thrasher. We continue to advise Borax on various land use and environmental issues associated with the mine, including the preparation of a habitat conservation plan and assistance with the Section 2081 permit process.

The Nature Conservancy
Our relationship with The Nature Conservancy began during the 1990s, when we represented The Nature Conservancy in its efforts to influence various aspects of the San Diego County MSCP, one of the earlier comprehensive and multi-jurisdictional HCP efforts in the State of California. Since then we have assisted The Nature Conservancy in many other conservation efforts, including the preservation of 83,000-acre Hearst Ranch on California’s Central Coast; the establishment of a 50,000-acre preserve on Irvine Company lands in Orange County; permitting of TNC’s Island fox restoration efforts on Santa Cruz Island; the creation of a large new TNC preserve in the Sierra Nevada near Sugar Bowl; and the enforcement of conservation easements in Idaho, Colorado, the Central Valley and elsewhere.

Placer Vineyards Specific Plan
We are representing the owners of the proposed Placer Vineyards Specific Plan, located in southwest Placer County, in the permitting and development of a proposed 14,000-home master-planned community. Development in southwest Placer County is heavily constrained by the pending designation of critical habitat for vernal pool species and a proposed recovery plan that would conflict with local development objectives. In addition to assisting the landowners in the development and implementation of a master permit strategy, we are working with representatives of Placer County and the U.S. Fish and Wildlife Service to further the development of the Placer Legacy Habitat Conservation Plan as a means of implementing the Service’s critical habitat and recovery objectives.

Land Stewardship Council
We are now assisting a newly-established non-profit organization, commonly known as the Land Stewardship Council, in the development and implementation of a strategy to preserve approximately 140,000 acres of PG&E-owned land in the Sierra Nevada and Carizzo Plains. This ground-breaking effort is the result of multi-agency negotiations occurring during PG&E bankruptcy negotiations, and will be financed by a $70,000 fund created as a part of these negotiations.

State of California Department of Water Resources
During the recent energy crisis, we represented the State of California Department of Water Resources in negotiations with Southern California Edison and Pacific Gas & Electric for the acquisition of interests in over 250,000 acres of real property located throughout the Sierra Nevada and other areas. As a part of this effort, we assisted the Governor's Office in discussions with conservation groups and the energy companies to establish a structure for these acquisitions and the establishment of conservation plans for the subject properties prior to their ultimate disposition.

San Francisco International Airport
We have assisted San Francisco International Airport ("SFIA") for many years in the difficult wetlands and endangered species matters associated with its master planned expansion. SFIA's expansion involved the potential for impacts to the California Red-legged Frog and one of the few remaining populations of the San Francisco Garter Snake. We continue to advise on numerous land use and natural resource issues associated with the airport's activities.

Town of Mammoth/Mammoth Airport
We are assisting the Town of Mammoth in the environmental review and development of expanded airport facilities to serve increased demands associated with its tourism industry. In addition to advising in development of the required environmental impact statement (EIS) and Section 7 consultations with the U.S. Fish and Wildlife Service, we are defending the town in NEPA litigation brought against the EIS, and in preparing a defense for the Threatened and Endangered Species litigation.

Kendall-Jackson Wine Estates
Kendall-Jackson owns vineyard properties throughout the State of California. We assisted K-J in the development of a strategy to address wetlands and endangered species issues created by the USFWS' listing of the "Santa Barbara Distinct Population Segment" of the California Tiger Salamander as an endangered species under the Endangered Species Act. Our tasks included assisting K-J in the preparation and approval of an HCP (and associated permits under Section 404 and certification under Section 401 together with the NEPA review) involving K-J and its affiliates, the County of Santa Barbara and state and federal wildlife agencies. We also advised K-J on additional CDFG and Santa Barbara County permitting requirements to allow K-J to continue operations on its approximately 5,700-acre property in Santa Barbara County.

Space Data Corporation
We represented Space Data Corporation in the preparation of required NEPA documentation and Endangered Species Act and Marine Mammal Protection Act consultations for its proposed nationwide telecommunications project. To meet Federal Communication Commission requirements, Morrison & Foerster spearheaded negotiations with U.S. Fish & Wildlife Service and NOAA Fisheries to ensure that Space Data could design its nationwide project to avoid an extensive consultation process.

Other Land and Resource Conservation Efforts
On an ongoing basis, Morrison & Foerster attorneys participate in the development and operation of mitigation banks under Section 404 and conservation banks under the federal Endangered Species Act. In the last several years we assisted in the acquisition of a habitat conservation bank in San Diego County, and in the approval and sale of two additional such banks in Northern California.