Environmental Law & Natural Resources

Best Best & Krieger's land use and natural resources attorneys have a considerable practice in wetlands permitting and mitigation issues.

BB&K assists both public agencies and private clients in traversing the gamut of issues presented by the Clean Water Act and rules and regulations issued by the United States Army Corps of Engineers, California Department of Fish & Wildlife and Regional Water Quality Control Boards. On a daily basis, we work on permitting, legislative and litigation matters related to these laws.

Our attorneys routinely assist clients in obtaining general and individual Section 404 permits, streambed alteration agreements, water quality certifications and NPDES permits, and meeting waste discharge requirements.

We negotiate with agency staff and counsel regarding wetlands mitigation and other requirements.

Residential, commercial, alternative energy, industrial and other developers regularly consult with BB&K attorneys regarding ways to reduce project impacts and the resulting mitigation requirements.

We frequently work on teams with engineers, environmental consultants and architects to design projects that minimize the most onerous potential requirements by examining potential onsite, offsite and avoidance mitigation strategies.

Our Washington, D.C. and California attorneys are involved with legislative efforts regarding the scope and application of wetlands laws.

We are involved in litigation in federal and state courts regarding the application of wetlands laws.

We work with private and public agency clients seeking to establish in lieu fee programs and mitigation banks under the Army Corps/EPA 2008 Mitigation Rule.

We regularly draft and negotiate conservation easements needed to comply with wetlands laws. We are also involved in related project permitting documents, such as endowment agreements, deed restrictions, CC&Rs, public contracting and bonding.