Education | | J.D., 1984, University of Denver Sturm College of Law | | B.A., 1975, Washington State University, Architecture | | B.A., 1975, Washington State University, Construction Management |
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Admitted | | California | | Nevada | | Colorado | | U.S. District Court, Central District of California | | U.S. District Court, Eastern District of California | | U.S. District Court, District of Nevada |
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Memberships | State Bar of California
Colorado Bar Association
Nevada Bar Association
Association of California Water Agencies
Groundwater Resources Association
Nevada Water Resources Association
California Association of Sanitation Agencies
American Ground Water Trust |
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| Gary's practice focuses on the representation of public and private clients relating to water, recycled water, wastewater, associated environmental issues, and public agency law in the western United States. In the water arena, Gary represents clients with respect to: groundwater and surface water rights; recycled water planning, distribution and use; stormwater permitting; wastewater collection, treatment, and disposal; groundwater storage; water exchanges; and water transfers. He has extensive experience in negotiating a wide variety of water related agreements, cooperative arrangements, disputes and settlements. Gary also serves as general and special counsel to numerous public and private clients.
Gary's water practice routinely includes representation of clients with respect to environmental issues involving the National Environmental Quality Act (NEPA), the California Environmental Protection Act (CEQA), the Clean Water Act (CWA), Endangered Species Act (ESA), as well as other federal and state environmental laws and regulations. He has represented clients with respect to groundwater contamination involving such contaminates as MTBE, VOC and PCE. He is experienced in CERCLA cost recovery actions such as contamination emanating from landfills, administrative proceedings relating to water rights and public trust resources and endangered species under the Endangered Species Act.
In connection with his water practice, Gary also represents public agency clients on matters concerning public contracting, construction contracting, contract compliance and risk management with respect to infrastructure projects. He also advises public clients on conflicts of interest, public records disclosures, open meeting laws, and litigation planning and management. He regularly represents public agencies with respect to disputes, joint powers authorities, business transactions and the development of strategic planning to maximize opportunities while minimizing risks. Gary is skilled in negotiating and preparing a wide variety of agreements routinely encountered by public agencies and private clients doing business with public agencies. |
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Representative Matters | | In two separate cases approved changes to Carson River water rights, pursuant to United States v. Alpine Land & Reservoir Company. Both cases included approvals to points of diversion, manner of use and place of use for decreed water rights. | | Represented a public utility district in federal district court to acquire property and water rights for use by the district for its recycled water operations. The district required additional property and water rights for use in conjunction with land application of recycled water from its wastewater operations and for recreational and agricultural purposes. | | Development of a process and framework to select a zero emissions technology for subsequent preparation of a RFQ/RFP to implement an environmentally friendly system to move shipping containers from the ports’ docks to railroad distribution yards. Advised the ports concerning selection of procurement frameworks, public contracting, public relations, public records and confidential information. | | Represented a town with substantial groundwater rights in Nevada's Carson River Valley with regard to water rights litigation commenced by the Pyramid Lake Paiute Tribe of Indians. Litigation included challenges to State Engineer rulings on water right change applications for new development. Cases were filed in both federal district and state district courts and involved issues of jurisdiction and venue in addition to substantive water law. Appeals were filed by the Tribe in the Ninth Circuit Court of Appeals and the Nevada Supreme Court. | | Provided legal services to the Central Coast Water Authority for all phases of planning, permitting, environmental compliance, right-of-way acquisition, construction and operation related to a $600 million drinking water delivery system. The project included 150 miles of pipeline, multiple pumping stations and a water treatment plant. Resolved construction disputes by negotiation and successfully defended the Authority in related litigation. | | view all >> |
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