Marc R. Bruner

California Critical Levee Repairs

Represented the California Department of Water Resources in developing and implementing a long-term planning and permitting strategy for critical levee repairs and other improvements to the state's flood control system. The matter involved working closely with interested federal and state regulatory agencies, including the U.S. Army Corps of Engineers, the U.S. Fish & Wildlife Service, NOAA Fisheries, the California Department of Fish & Game, the State Water Resources Control Board, and the Central Valley Flood Protection Board. Key issues included CEQA and NEPA compliance; Army Corps permitting and funding; impacts on water quality; vegetation and protected species; the extent and timing of mitigation; impacts on adjacent landowners; and coordination with local flood control authorities – all in the context of federal and state declarations of emergency due to the deteriorating conditions of the levees.

City of Los Angeles Biosolids Litigation

Represented the City of Los Angeles in a multi-party federal lawsuit challenging a Kern County ordinance banning the land application of Class A biosolids produced at the City's wastewater treatment plants. We successfully obtained a preliminary injunction from the U.S. District Court for the Central District of California enjoining the ordinance on the grounds that it violated the Commerce Clause of the U.S. Constitution and was preempted by the California Integrated Waste Management Act.

Retail Operator - Hazardous Waste Compliance

Represent retail auto repair and parts dealer with hazardous waste compliance issues, including advice on employee training, housekeeping procedures, reporting and recordkeeping, and negotiations with regulatory agencies over fines and penalties for past violations.

Hazardous Waste Characterization

Represent client in following proper testing and characterization procedures for potentially hazardous wastes under California laws and regulations.

Lease of Contaminated Property

Assist mixed use developer in real estate transactions and environmental disclosures related to leasing of contaminated property with deed restriction.

Sale of Contaminated Property

Assist client selling contaminated site with evaluation of remedial options for cost-effectiveness in accordance with Regional Water Quality Control Board and Department of Toxic Substances Control cleanup standards and protocols.

Industrial National Pollutant Discharge Elimination System (NPDES) Permits

Represented several large industrial facilities in Northern and Southern California in NPDES permit renewal proceedings for wastewater discharges. One matter involved a multi-party challenge to our client's approved NPDES permit before the State Water Resources Control Board, the San Francisco County Superior Court, and the California Court of Appeal for the First Appellate District. We prevailed at all levels in defending the NPDES permit against claims that the permit's effluent limits were not sufficiently stringent.

Stormwater Permitting for Large Redevelopment Projects

Representing two clients undertaking large redevelopment projects in the Bay Area with regard to stormwater compliance and permitting issues. Both matters have involved a careful assessment of the local, regional and state law requirements governing stormwater discharges both during and after construction, as well as the special rules that apply to redevelopment projects.

Water Quality Certification for Maritime Expansion Project

Representing marine terminal operator in obtaining a water quality certification under Section 401 of the federal Clean Water Act from the California Regional Water Quality Control Board for port expansion project. The matter involves working with the U.S. Army Corps of Engineers and the Regional Water Board to expedite federal permitting of the project.

Land Acquisition for Renewable Energy Projects

Represented a large public agency regarding CEQA compliance and condemnation issues associated with land acquisitions for potential future renewable energy projects. The representation included high-level strategic planning for possible land acquisition programs and specific land purchases.

Roadway Project in Orange County

Represented Orange County in connection with CEQA, wetlands, and water quality compliance for a planned extension of the Alton Parkway. The matter involved working with the Santa Ana Regional Water Quality Control Board to resolve issues regarding potential impacts to ephemeral drainages.

Representation of Landfill Operator in CEQA Process for Adjacent Mixed-Use Project

Represented Orange County Waste & Recycling in submitting comments under CEQA on a mixed-use equestrian project adjacent to a closed landfill. Our representation sought to ensure that the mixed-use project would be built to minimize any potential impacts on residents from the landfill and to avoid the need for further landfill closure and remediation actions.

Stanford University Projects

Represented Stanford University on several projects requiring Waste Discharge Requirements from the San Francisco Bay Regional Water Quality Control Board for the fill of waters of the state. The work involved negotiating appropriate permitting and mitigation requirements with Board staff under the California Porter-Cologne Water Quality Control Act for impacts to drainage channels that were exempt from federal jurisdiction under the Clean Water Act.

Oil Refinery Projects

Represented oil refinery in working with the U.S. Army Corps of Engineers, the Regional Water Quality Control Board, and the California Department of Fish & Game to facilitate remediation activities in wetlands with potential impacts to species protected under the California Endangered Species Act, including the "Fully Protected" Salt-Marsh Harvest Mouse.