Education | | J.D., 1990, Pepperdine University School of Law | | B.A., 1984, University of California at Berkeley |
|
Admitted | | California | | U.S. District Court, Central District of California | | U.S. District Court, Northern District of California |
|
Memberships | Urban Land Institute - ULI TOD Council
American Bar Association, since 1991
California Business Properties Association
California Building Industry Association, Select Conference on Industry Litigation
Commercial Real Estate Women (CREW) Los Angeles
Legal Action Network for Development Strategies (LANDS)/National Association of Home Builders
Los Angeles County Bar Association, Litigation, Environmental Law and Real Estate Sections
State Bar of California, Litigation and Real Estate Sections
Attorney Coach, Mock Trial Program for Youths, Constitutional Rights Foundation, 1994-1999 |
|
| Diane has over 18 years experience representing both private clients and public agencies in land use, environmental law, and real estate practice, including matters involving the California Environmental Quality Act (CEQA) and the Subdivision Map Act and private attorney general fee awards. Her experience representing clients includes land use and planning matters, real estate, and environmental issues including water and climate change, commencing with the underlying administrative process and proceeding through litigation. She has a wide range of experience handling transactional real estate matters, including the coordination of due diligence.
Before passing the bar, Diane spent over 3 years leasing and selling commercial real estate. Her understanding of balancing economics with legal issues lends a practical strategic approach to successfully negotiating the completion of land use and environmental projects. She has represented applicants in a wide range of land use matters, including residential subdivisions, commercial developments, mixed use projects, affordable housing, redevelopment, rezoning, general plan amendments, specific plans, development agreements, conditional use permits and exactions.
In addition, Daine's work has included consulting with public entities regarding compliance in matters such as the Brown Act issues, employment law issues, CEQA issues for public water projects and advising public boards on governance issues. Diane is a member of the Select Conference on Industry Litigation, the California Building Industry Association’s select group of leading land use litigators, and the Urban Land Institute.
Diane is a member of the firm's Professional Development Committee, which oversees associate evaluations, mentoring, career planning and other programs that advance the professional growth of the firm's associates, as well as sitting on the Pro Bono Committee.
Litigation & Appellate Law
As an experienced litigator, Daine represents land use and real estate clients as well as public agencies on a broad range of matters. Trial Court representation has included both general civil litigation and writ of mandate proceedings. Her appellate practice includes representation before California Courts of Appeal and the California Supreme Court. |
|
Representative Matters | | Defend City of Long Beach against claims of unlawful delegation of police power, violation of Brown Act open meetings law and various provision of California Environmental Quality Act (CEQA) arising out of efforts by the City of Long Beach to implement its Clear Air and CleanTruck programs. The focus of the attack is the settlement of litigation in which the American Trucking Associations challenged a measure to implement the City's Clean Air and CleanTruck Programs by requiring drayage carriers to sign a Concession Agreement and agree to truck maintenance, insurance and other requirements, and abide by all safety, security and environmental rules of City, State and Federal Government. After the issuance of preliminary injunction in that litigation, the City of Long Beach settled. NRDC then challenged that action as a violation of the open meeting requirements of the Brown Act, as an unlawful delegation of police powers and as violations of various provisions of CEQA. Natural Resources Defense Council & Sierra Club v. City of Long Beach, et al. | | Defended CEQA challenge to Spring Water agreement in trial and appellate courts. Provided NEPA, CEQA and land use compliance advice for project development including construction of bottling facility and construction of pipelines in federal forest land. | | Defended CEQA challenge to 800,000 square foot warehouse/distribution center, in state and appellate courts. Provided land use and CEQA compliance advice for expansion facility. | | Land use and CEQA counsel for a 5,000 single-family residential and mixed use project in Inland Empire. | | Represented the District before the California State Water Resources Control Board (SWRCB), regarding renewal of water right permits for a USBR owned reservoir and before the National Marine Fisheries Service with respect to Endangered Species Act compliance for listed steelhead. Representation included coordination with USBR, who holds the water right permits, and other project members holding water right entitlements in the reservoir for environmental compliance with CEQA, development of a biological assessment and biological opinion, and protection of downstream water rights interests. |
|
Publications & Presentations | "Winter 2011 CEQA Advanced Workshop," Association of Environmental Professionals, Ventura, CA, February 10, 2011.
| "Legal Challenges and Defense; Coordination with NEPA," Speaker, Association of Environmental Professionals, Fall 2010 CEQA Workshop.
| "Is TOD The Panacea For Climate Change?" Presentation at the ULI Transit-Oriented Development Opportunities Summit, Los Angeles, CA, June 4, 2010.
| view all >> |
| |
|
|
|
© 2012. Brownstein Hyatt Farber Schreck, LLP. All Rights Reserved. Attorney Advertisement. |