Barbara J. Schussman

Active Adult Housing and Mixed Use Development

Represented housing and commercial developer in completing EIR, securing land use entitlements and negotiating a Development Agreement for a 500-acre active adult housing and mixed use project in Brentwood, CA. The project is located adjacent to 4,000 acres of State parkland and the John Marsh historic home site. The matter involved extensive analysis and mitigation of impacts to cultural and biological resources, as well as visual effects, underground contamination, traffic, air quality and General Plan provisions addressing the regional jobs-housing balance.

Asphalt and Concrete Recycling Facilities

Represented international aggregate mining and concrete manufacturing company regarding CEQA compliance for asphalt and concrete crushing facility and associated sand and gravel sales operations in Ventura County, CA. Key issues included analyses of dust effects on adjacent agricultural operations, and noise and air quality effects on adjacent juvenile justice and detention facility.

Commercial and Industrial Development—Port of Oakland

Represented Port of Oakland with regard to CEQA review and land use approvals for a variety of commercial and industrial projects at Jack London Square and the Oakland Business Park. Projects included new office and retail buildings, a new hotel, and truck distribution and processing facilities.

Environmental Review for Air District Permitting Rules

Represented the South Coast Air Quality Management District regarding CEQA compliance in adopting modified regulations to account for facility shutdowns and emissions reductions that may be used as offsets when issuing air permits for new or modified emissions sources. The work involved assisting the District in completing its 2,000-page environmental review for the new regulations. These regulations are critical to the future of the Los Angeles region, because they allow the air district to continue to issue permits for essential public facilities, such as schools, hospitals and police and firefighting facilities, and for businesses with low emissions. The regulations allow for economic growth and the creation of jobs, while achieving compliance with the federal Clean Air Act's rules for offsets. Also represented the District in successfully defending the constitutionality of state legislation designed to provide an interim program for tracking offsets pending CEQA compliance for the new rule.

Ethanol and Biodiesel Production Plant

Represented the Port of Stockton as special counsel regarding CEQA compliance for new ethanol plant and new biodiesel production and distribution facilities to be located on the Port's property.

Hospital Replacement and Expansion Project in San Jose

Represented hospital regarding CEQA compliance and land use permitting for Planned Development zoning approvals to allow 1,030,000 square feet of new medical facilities, including a new emergency department, roof-top helipad, trauma center, intensive care facilities, women's and infant services, and medical offices in San Jose, California. The primary issues addressed in the EIR included traffic, noise from helicopter and ambulance operations, and air quality. The analysis also included the potential for urban decay and associated effects from the closure of an affiliated downtown hospital.

Joint NEPA-CEQA Review for Thermal Power Plant on Tribal Lands

Represented power plant developer in connection with preparation of joint EIS/EIR for construction and operation of 600-megawatt thermal power plant on Indian trust lands. Key issues included the scope of state and local agency jurisdiction and environmental review for project located on federal land, transport of hazardous materials, and air pollutant emissions.

Long Range Development Plan for New University of California Campus

Represented the Regents of the University of California in preparing comprehensive CEQA documents for all phases of UC's new 25,000-student campus in Merced, including project-specific environmental analysis for the first phase of campus development. Also represented UC in connection with Merced County's preparation of a separate EIR for the adjacent University Community, designed to serve a population of 30,000 residents; the City of Merced's tiered CEQA analysis for water and sewer infrastructure; and the Local Agency Formation Commission (LAFCO) approval needed to extend water and sewer services to the new campus. The matter included successful defense of a series of CEQA lawsuits challenging the approvals of the campus.

Long Range Plan for Development the Stanford University Campus

Represented Stanford University in obtaining the necessary land use approvals for the long-term redevelopment and expansion of its academic campus to allow construction of over 2 million additional square feet of academic facilities and over 3,000 additional housing units. Key issues during the approval process included open space dedication requirements, traffic and water supply. The matter also involved working with Santa Clara County to establish the County’s first Sustainable Development Plan. We continue to assist Stanford with regard to individual projects on the academic campus that implement the University's long-range plans, including projects involving historic resources, building code requirements, local green building ordinances, wetlands permitting and mitigation, impacts to water quality and biological resources from construction projects, and campus water supply and usage.

Major Airport Expansion—Port of Oakland

Represented Port of Oakland regarding CEQA and NEPA compliance for a large-scale expansion program at Oakland International Airport, including air cargo facility expansion, passenger terminal expansion, parking structures, construction of a new cross-airport road, and runway improvements. Together with an environmental consulting firm, developed new methodologies for analyzing health risks from aircraft, ground service equipment, and truck emissions, and for analyzing single noise events and associated sleep effects from aircraft arrivals and departures.

Major Hospital, Medical Research, and Clinic Expansion in Palo Alto

Represented Stanford University, Stanford Hospital and Clinics, and Lucile Packard Children’s Hospital in obtaining the necessary entitlements to build 2.5 million square feet of hospital, clinic, medical office and research facilities, for a net addition of 1.3 million square feet. The environmental review process took nearly four years and included almost 100 public hearings. Helped to develop an innovative greenhouse gas mitigation plan to minimize electricity demand and reduce employee trips, and assisted in establishing a new zoning district to allow the hospital towers to exceed the prior city-wide 50-foot building height limit. Negotiated a 30-year Development Agreement that addresses vested rights, project fees and exactions, and revenue guarantees. Palo Alto city officials called the project the largest and one of the most important development projects in the city's history.

Maritime Facilities Expansion—Port of Oakland

Represented Port of Oakland regarding CEQA, NEPA, McAteer-Petris Act, and environmental permitting for multiple marine facility projects, including deepening the Port's shipping channels to a depth of 50 feet, constructing five new berths in the Port's Inner Harbor, and development of an intermodal shipping, rail and truck terminal. Assisted with creating a multi-million dollar state-of-the-art air quality mitigation plan and comprehensive emissions inventory. Other key issues included analyzing effects from invasive species in ballast water discharges, health risks from ship, rail, truck, and yard equipment emissions, and noise from truck and rail operations.

Maritime Facilities Expansion—Port of Stockton

Represented the Port of Stockton regarding CEQA and NEPA compliance, and in obtaining the necessary state and federal permits, for the proposed redevelopment of Rough and Ready Island. The Island is a 1,459-acre former Navy facility that includes over five million square feet of warehouse space, 40 miles of railroad track, 6,000 linear feet of wharf, and one million square feet of transit shed space. The Port plans to redevelop the Island with new shipping facilities, including new bridges and rail facilities, deepened berths, and commercial and industrial uses. Key issues for the environmental review included air quality impacts and associated health risks, noise and truck traffic from shipping operations, and biological and water quality impacts from dredging.

New Water Supply Intake on the San Francisco Bay-Delta

Represented Contra Costa Water District in obtaining the approvals for a new water supply intake located on the San Francisco Bay-Delta, including preparation and certification of a joint EIS/EIR in coordination with the U.S. Bureau of Reclamation. CCWD approved the project to protect its customers from seasonal fluctuations and long-term degradation of water quality in the Delta. Our representation also included defense and settlement of litigation brought by the San Luis & Delta Mendota Water Authority to challenge the project approvals, resulting in full dismissal of all litigation claims.

Office and Research and Development Campus in Redwood City

Represented Stanford University regarding CEQA compliance and the entitlement process for a project in Redwood City to build 1.5 million square feet of office, R&D and medical uses. The project site is occupied by the existing Midpoint Technology Park, which consists of approximately 535,000 square feet of technology and R&D uses that ultimately will be demolished to accommodate full build-out of the project. Key issues include analysis of greenhouse gas emissions, and application of the Bay Area Management District's performance standard for assessing significance of climate change effects, preparation of a water supply assessment, and development of a comprehensive program to minimize vehicle trips during peak periods.

Oil Refinery Projects

Represented oil refineries in Contra Costa County and Benicia, California regarding CEQA, environmental, land use and natural resources issues for projects including:  CEQA compliance and air permitting approvals for installation of a $750 million delayed coker unit and new safety flare; CEQA compliance for installation of equipment designed to enhance flexibility in processing various types of crude oil; land use permitting evaluation for expansion and modifications to a coke terminal; compliance with state regulations for seismic safety upgrades to pier facilities; and CEQA compliance for extension of State Lands Commission Lease.

Photovoltaic Solar Project in Kern and Los Angeles Counties

Represented the project proponent in CEQA compliance and securing land use approvals for an industrial-scale photovoltaic solar project designed to provide 650 megawatts of electricity generation on 4,762 acres in Kern County and Los Angeles County, California, adjacent to Southern California Edison's Whirlwind Substation. Approvals including Specific Plan amendments, zoning amendments, conditional use permits, and cancellation of Williamson Act contracts. Key issues included analysis of effect on agricultural resources, and mitigation for loss of prime farmland and potential foraging habitat for protected bird species.

Photovoltaic Solar Projects in Riverside County

Represented the project proponent in CEQA compliance and securing land use approvals for two industrial-scale photovoltaic solar projects in Riverside County, California. One project is designed to provide 485 megawatts of electricity generation on 3,800 acres. The second project is designed to provide 437 megawatts of electricity generation on 3,250 acres.

Port Terminal Expansion in Los Angeles, CA

Represented Eagle Marine Services in the CEQA and NEPA evaluations for expanding Eagle Marine's intermodal cargo terminal at the Port of Los Angeles. Eagle Marine currently operates an approximately 260-acre terminal that includes shipping berths, container handling equipment and on-dock rail facilities. The expansion project will add approximately 56 acres, an additional berth for the largest container ships operating in the Pacific region, new cranes, and additional infrastructure, including electrification of all terminal wharves in order to enable ships to use shore-side electrical power rather than onboard diesel engines while in port.

Printing Plant

Represented international newspaper printing company in CEQA compliance and securing land use approvals for a new printing facility in Fremont, CA. Approvals included modifications to height limitations to accommodate large industrial equipment, subdivision, and a conditional use permit.

Regional Transportation Plan

Represented the San Joaquin Council of Governments (COG) in responding to comments submitted by the Attorney General’s office regarding the climate change analysis in the COG's EIR for its Regional Transportation Plan.

Research Campus in Menlo Park

Represented a nationally recognized research facility in connection with redevelopment of its 60-acre, 1.3 million square foot campus in Menlo Park, CA. Anticipated approvals include new zoning and negotiation of a Development Agreement to vest future rights to replace and operate campus facilities.

Reservoir Expansion in Contra Costa County

Represented the Contra Costa Water District in joint NEPA-CEQA compliance and securing permits for expansion of its major drinking water reservoir located near the San Francisco Bay-Delta. The matter involved negotiating a coordinated operations agreement with the U.S. Bureau of Reclamation to address water supply conflicts, and amendments to conservation easements held by the California Department of Fish & Game on land surrounding the existing reservoir. Key issues also included endangered species impacts to delta smelt from reservoir filling and operations.

Senior Housing Project in Santa Rosa

Represented a regional developer of senior housing and assisted projects in CEQA compliance and securing land use approvals for expansion of its existing 375-unit campus to add 56 housing units and to upgrade existing campus facilities, including renovation of assisted living units and replacement of a recreation and fitness center. Focuses of community opposition included effects on visual resources, storm water runoff and flooding, and removal of protected trees.

Solar Project Due Diligence

Represented prospective purchaser of a large thermal solar project in the Mojave Desert area of California. Our work involved detailed due diligence and complex permitting issues under the jurisdiction of the California Public Utilities Commission, the California Energy Commission, and the U.S. Bureau of Land Management, as well as review of technical issues relating to water use, water quality, and endangered species.

Thermal Solar Project in San Bernardino County

Represented the project developer in briefing before the California Supreme Court to successfully defend two CEQA suits challenging the California Energy Commission's siting approvals for a 663-megawatt solar energy facility located on a 4,600-acre site on federal lands in San Bernardino County, California. Issues raised in litigation included analysis and mitigation for effects upon federal and state regulated species, and scope of analysis regarding transmission facilities beyond the first point of interconnection.

Wallboard Manufacturing Plant

Represented the Port of Stockton regarding CEQA compliance for gypsum import and wallboard manufacturing and distribution facilities located on the Port's property. Issues included compliance air district requirements for stationary and indirect sources and analysis of greenhouse gas emissions.

Wind Development Projects

Represented wind energy developers with respect to CEQA, NEPA and Williamson Act compliance and approvals for projects in Alameda, Contra Costa, Solano, Kern and Riverside Counties. Key issues include energy loss caused from upwind turbine placement, effects on biological resources including birds, noise, and safety issues associated with risk of thrown blades.