Education

J.D., 2000, with honors, University of Michigan Law School
B.A., 1994, with honors, University of Oregon

Admitted

California

Distinctions

Top 40 Under 40, Pacific Coast Business Times

Memberships

Community Involvement

Board Member, Santa Barbara's Community Environmental Council

BHFS' Liaison to the Bren School of Environmental Science and Management, U.C.S.B. of which BHFS is a Corporate Partner

Russell M. McGlothlin

Russell McGlothlin is a Shareholder in Brownstein Hyatt Farber Schreck's Santa Barbara office and a member the firm’s Natural Resources Department. Russell possesses extensive experience concerning water use and management in California and the western United States, including water right permitting and adjudication, water transfers, conjunctive water use, water quality, and reclamation. In addition to his water practice, he also has significant experience respecting regulated utilities, energy, land use, real estate, local government, and environmental matters, including CEQA and ESA compliance. He represents private companies, municipalities, special districts, and individual landowners with transactional negotiations, litigation, and administrative agency proceedings.

Russell is the author of several chapters concerning California groundwater law within the Groundwater Water Resources Agency’s Groundwater Management Handbook, and is a member of the Council of Legal Advisors to the Bren School of Environmental Science and Management at the University of California at Santa Barbara. He also regularly speaks on water law-related matters before industry groups and publishes related articles within trade publications.

Representative Matters

Obtained reversal in full of two separate, but related trial court decisions denying motions to amend judgments governing the West Coast and Central groundwater basins, which provide local water supplies to the millions of people living and working in the greater Los Angeles region. The motions seek to provide for the conjunctive use and management of the basins, including procedures for use of the basins' available storage space. (Hillside Memorial Park and Mortuary v. Golden State Water Co. (2011) 199 Cal.App.4th 658 (review denied); Water Replenishment Dist. of Southern Cal. v. City of Cerritos (2012) 202 Cal.App.4th 1063 (review denied).)
Hearing before the State Water Resources Control Board concerning a draft Cease and Desist Order limiting diversions from the Carmel River.
Co-trial counsel for one of California’s largest shareholder-owned public water suppliers in complex litigation to adjudicate and control the water resources in the Santa Maria groundwater basin. The case involved more than 1,000 parties who rely on local water resources and two federally-owned reservoirs. After eight years of litigation, the case was resolved through a settlement stipulation among the vast majority of the parties, thereby providing legal certainty with respect to the use and management of the resource. Litigation continues among a small minority of the remaining parties.
Water rights counsel for a national land developer/home builder with respect to the water supply components of a proposed 5,000 home residential and commercial development in southern California. The project raised numerous water supply and water quality issues, including groundwater storage, replenishment and development, water transfers, conjunctive use, water re-use, flood protection and stormwater management.
Land use due diligence for acquisition of a 780-acre ranch in the Santa Barbara Foothills, and subsequent advice on land use and natural resource issues.
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Publications & Presentations

"Who Owns The Water?: Understanding The Fundamentals Of Water Management Law,"  Bren School of Environmental Science & Management Seminar, Santa Barbara, CA, October 26, 2012
"No Fictions Required: Assessing the Public Trust Doctrine in Pursuit of Balanced Water Management,"  Association of California Water Agencies, Continuing Legal Education Workshop, Napa, CA October 4, 2012
"Who Owns The Water?: Understanding The Fundamentals Of Water Management Law,"  Bren School of Environmental Science & Management Seminar, UCLA Extension, Los Angeles, CA, July 31, 2012
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Practices

Case Studies