Christian L. Marsh

Representative Appeals

• Save the Plastic Bag Coalition v. City of Manhattan Beach, 52 Cal.4th 155 (2011). Represented appellant City of Manhattan Beach and amici curiae California League of Cities (League) and California State Association of Counties (CSAC) in appeal involving CEQA’s fair argument standard. Prevailed on appeal to California Supreme Court.
• Stockton Citizens for Sensible Planning v. City of Stockton, 48 Cal.4th 481 (2010). Represented landowner in defense of claim that approval of a shopping center violated CEQA, the California Constitution, and California planning and zoning laws. Prevailed on appeal to California Supreme Court.
• Buena Vista Water Storage District v. Kern Water Bank Authority, 76 Cal.App.5th 576 (2022). Successful appeal in CEQA challenge to Environmental Impact Report (EIR) prepared in support of water rights proceedings before the State Water Resources Control Board. In line with our appeal, EIR upheld in full.
• Environmental Council of Sacramento v. City of Elk Grove, 2021 WL 3854906 (Unpub. 2021). Successfully defended challenge to addendum to 1,200-acre Southeast Policy Area Strategic Plan EIR adopted to address alternative habitat mitigation approved for Swainson’s hawk.
• City of Los Angeles v. Inyo County, 67 Cal.App.5th 1018 (2021). Representing largest municipal utility in the United States in action challenging CEQA exemptions for condemnation of three solid waste landfills and appurtenant water rights in the Owens Valley. Prevailed at trial and on appeal.
• San Francisco Baykeeper, Inc. v. California State Lands Commission, 29 Cal.App.5th 562 (2018). Represented leaseholder in action under public trust doctrine challenging sand mining on tide and submerged lands within San Francisco Bay. Court upheld finding by State Lands Commission that mining leases will not impair trust uses or values.
• Delaware Tetra Technologies, Inc. v. County of San Bernardino, 247 Cal.App.4th 352 (2016). Lead counsel for county in defense of two related cases challenging a pre-project MOU regarding the Cadiz Valley Water Conservation, Recovery and Storage Project. Actions asserted claims under CEQA, the County’s Desert Groundwater Management Ordinance, and principles of California water law. Prevailed at trial and on appeal.
• Center for Biological Diversity v. County of San Bernardino, 247 Cal.App.4th 326 (2016). Lead counsel for county in two related cases in defense of CEQA action challenging an EIR for the Cadiz Project. Prevailed at trial and on appeal.
• San Francisco Baykeeper, Inc. v. California State Lands Commission, 242 Cal.App.4th 202 (2015). Represented leaseholders in action challenging EIR for sand mining operations in San Francisco and Suisun Bays under CEQA and common law public trust doctrine. Prevailed at trial and appeal on all CEQA claims.
• Masonite Corporation v. County of Mendocino, 215 Cal.App.4th 230 (2013). Represented landowner in action challenging an EIR under CEQA and California planning and zoning laws. Prevailed on appeal.
• Santa Teresa Citizens Action Group v. City of San Jose, 114 Cal.App.4th 689 (2003). Defense against suit challenging construction of a pipeline for delivery of reclaimed water to a new energy facility brought by a private water company under CEQA, California planning laws, and the common law public trust doctrine. Prevailed at trial and on appeal.

Representative Trial Court Cases

• Supporters Alliance for Environmental Responsibility v. City of Los Angeles. Successful defense against petition for writ of mandate and complaint for declaratory and injunctive relief challenging multi-family development project approved under CEQA’s Class 32 infill exemption.
• Highway 68 Coalition v. County of Monterey. Represented lead agency in defense of challenge to concessionaire agreement for Laguna Seca Raceway on CEQA and zoning grounds. Successfully settled, securing complete dismissal of all claims.
• Solano County v. Sacramento Municipal Utility District. Successfully negotiated settlement of CEQA, Government Code, and Public Utility Code claims against 92-megawatt wind repowering project within the Collinsville-Montezuma Hills Wind Resource Area.
• AIDS Healthcare Foundation v. City of Los Angeles. Prevailed on return to writ and in defense of second writ petition in consecutive challenges to EIR for mixed-use, transit-oriented commercial and residential real estate development.
• Furnee v. North Yuba Water District. In defense of challenge to annual water allocations exempted under CEQA, secured complete denial of writ petition at trial.
• North Coast Rivers Alliance v. City of Richmond. Defense against challenge to EIR and land use approvals for redevelopment of former Point Molate Naval Fuel Depot, including claims under CEQA, Planning and Zoning Law, California Constitution, and the public trust doctrine. Prevailed at trial
• Griset v. County of Siskiyou. Successful defense against challenge to county’s urgency ordinance adopted to prohibit groundwater pumping for unlawful cannabis cultivation. Writ petition asserted claims under the California constitution, reasonable use doctrine, and Sustainable Groundwater Management Act (SGMA).
• Center for Biological Diversity v. City of Temecula. Lead counsel in defense of EIR for 270-acre specific plan within the Western Riverside County Multi-Species Conservation Plan. Successfully negotiated settlement after trial.
• Atherton Cove Property Owners Association v. San Joaquin Area Flood Control Agency. Helped defend challenge to multi-million dollar flood control facility on the San Joaquin River brought under CEQA and grants of sovereign lands under the public trust doctrine. Prevailed at trial.
• Communities for a Better Environment v. San Joaquin Valley Air Pollution Control District. Represented real party in interest in defense of action under CEQA and the Air District’s air quality rules to enjoin operation of crude oil terminal. Prevailed at trial.
• Kern Water Bank Authority v. City of Bakersfield. Lead counsel for groundwater bank in challenge to an EIR for the city’s Kern River Flow and Municipal Water Program, a program designed to appropriate additional surface waters in proceedings before the State Water Resources Control Board. Prevailed at trial.
• Foothill Conservancy v. East Bay Municipal Utility District. Defense against lawsuit brought under CEQA to set aside programmatic EIR for long-term water supply management program. Successfully negotiated settlement after trial.
• Natural Resources Defense Council v. Locke. Served as local counsel to Makah Indian Tribe, amicus curiae in defense of NOAA Fisheries’ Pacific Northwest groundfish management plans under the Administrative Procedures Act (APA), NEPA, and the Magnuson-Stevens Fisheries Management Act.

Representative Energy and Mining Projects

• Solano 4 Wind Project, Solano County. Advised regional utility district on CEQA and California Government and Public Utilities Code compliance for 92-megawatt repowering project located on 5,900 acres within the Collinsville-Montezuma Hills Wind Resource Area. Serving as lead counsel in defense of litigation challenging the project.
• Pipeline Replacement Project, Santa Barbara, San Luis Obispo, and Kern Counties. Advising client on all aspects of permitting and replacement of 123-mile oil pipeline, including CEQA and NEPA review, state and federal endangered species and clean water act compliance, and tribal and historical resources. Project is one of the only major infrastructure projects in California actively proceeding under the federal FAST-41 program.
• San Francisco Bay Sand Mining, San Francisco, Solano, and Contra Costa Counties. Counseled clients on permits and entitlements for mining construction-grade sand from San Francisco and Suisun Bays. Advised on completion of EIR and helped secure approvals from wildlife and regulatory agencies, including California Department of Fish & Wildlife, National Marine Fisheries Service, and the Bay Conservation & Development Commission.
• Southern Owens Valley Solar Ranch, Inyo County. Advised water and power agency on an EIR for 200-megawatt photovoltaic solar farm.
• Santa Maria Oil Drilling & Production Plan, Santa Barbara County. Represented energy company on EIR for expansion and development of oil wellfield and construction of pipeline for importation of recycled water for oil production activities. The EIR addressed major issues including climate change and air quality, endangered species, public safety and emergency response, and water quality.
• Utility-Scale Solar Power Plants, California and Nevada. Advised developer on regulatory strategies under NEPA and CEQA for development of thermal-solar power plants in California and Nevada with planned output of 750 megawatts.
• El Dorado/Ivanpah Transmission Project, San Bernardino County. Represented two utility-scale solar developers in supporting CEQA compliance for new substation and transmission line upgrades approved by the California Public Utilities Commission.

Representative Real Estate Development Projects

• Point Molate Mixed-Use Development Project, City of Richmond. Lead land use counsel for city on redevelopment of Navy’s former Point Molate Fuel Depot, including review and negotiation of all entitlements (development agreement, zoning and general plan amendments, subdivision map, and design review) and CEQA compliance for 276-acre mixed-use development project involving residential, commercial, civic, parks and open space, and transportation uses.
• Santa Clara Square, City of Santa Clara.  Advised city on CEQA compliance for 334-acre planned community development project. This infill, mixed-use residential development comprises 1,800 apartment units, 40,000 square feet of retail, 4,500 square feet of office, and 38,000 square feet of amenities.
• Fairfield Station Specific Plan, City of Fairfield. Represent landowner on mixed-use project. Successfully negotiated a plan for development and preservation of vernal pool habitat for Contra Costa goldfields and California tiger salamander.
• Sanctuary Master Development Plan, City of Stockton. Represented private development company on permits and entitlements for a 2,000-acre mixed-use project. Advised the client on all aspects of CEQA and ESA compliance and helped evaluate and prepare the EIR and Water Supply Assessment.
• Marina Center Mixed Use Project, City of Eureka. Represented landowner and developer on 43-acre brownfield mixed-use redevelopment project on permitting and entitlement issues, including certification of the project’s EIR.  The EIR addressed major issues including climate change, coastal wetlands, site remediation, cultural resources, traffic, and wastewater.
• East Cypress Corridor Specific Plan, City of Oakley. Represented landowner and homebuilders on a 1,255-acre master-planned community, and led efforts to conduct NEPA and CEQA review and obtain all federal, state, and local permits associated with surface waters and wetlands, water quality, water supply, and threatened and endangered species.

Representative Water Rights, Water Supply and Infrastructure Projects

• San Gabriel River Watershed Project, Los Angeles County. Advised major regional sanitation agency on CEQA, public trust, fish and wildlife resources (Fish & Game Code § 1602), and related water rights aspects of petition to State Water Resources Control Board to reduce surface water discharges of treated wastewater from five reclamation plants in the San Gabriel River Watershed and support reuse of wastewater for municipal purposes.
• Vista Grande Drainage Basin Improvement Project, San Francisco and San Mateo Counties. Representing local agency on joint EIR/EIS being prepared under CEQA and NEPA for a multi-million dollar stormwater management project, including replacement of existing infrastructure, installation of constructed wetlands, and management of water levels within drainage basin. Advising client on regulatory and permitting requirements for special use permits and federal and state approvals associated with surface waters and wetlands, endangered species and habitats, coastal development, and sovereign lands.
• Kern Water Bank Conservation & Storage Project, Kern County. Representing regional water bank on the Kern River in the preparation of an EIR to support water rights proceeding before the State Water Resources Control Board.
• Concord Naval Weapons Station, Contra Costa County. Advising park district on land-use aspects of transfer and reuse of 2,600 acres of the former naval base, including remediation and land use controls, NEPA and CEQA compliance, and permitting and consultations under the Clean Water Act, Endangered Species Act, and cultural resources laws.
• Camanche Permit Extension, Amador and Calaveras Counties. Advised water and utility district on CEQA compliance for extension of permit to divert and store up to 125 million gallons per day (140,000 acre-feet per year) of surface water for municipal purposes.
• Cadiz Valley Water Conservation, Recovery, and Storage Project, County of San Bernardino. Advised county on evaluation and approval of 50-year groundwater management plan for pumping project in Mojave Desert proposed to recover 50,000 acre-feet of native groundwater annually.

Announcements

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In the News

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Speaking Engagements / Events

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Blogs

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Legal Alerts

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Publications

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Christian is a doting father of two. Having spent five years in Washington, D.C., Christian is a political junky who enjoys collaborating among agencies and stakeholders and exploring the art of the possible. He also appreciates competition and tests of endurance. Christian cycled competitively with the Metromint Cycling team, twice completed the 24-hour motorcycle endurance roadrace at Willow Springs, kayaked Class IV and V whitewater across the U.S. and Canada, and has finished numerous triathlons, including the 2001 Ironman Canada.

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Professional, Community And Pro Bono Involvement

• San Francisco Bay Planning Coalition, Board of Directors
• California Construction and Industrial Materials Association
• California Building Industry Association
• California Association of Sanitation Agencies
• Power Association of Northern California
• Bar Association of San Francisco, Environmental Law Section; Executive Committee, 2010-2015
• California Lawyers Association, Environmental Law Section; Executive Committee, 2016-2019
• American Bar Association, Section on Environment, Energy & Resources, 2000-present
• American Bar Association, Endangered Species Committee, Former Chair and Vice-Chair, 2005-2010

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Honors & Rankings

• Bay Planning Coalition’s 2022 Outstanding Member Award
• Best Lawyers^® 2024 Natural Resources Law “Lawyer of the Year” in San Francisco
• Best Lawyers^® 2022 Natural Resources Law “Lawyer of the Year” in San Francisco
• Best Lawyers in America^©, Natural Resources Law, Water Law, Environmental Law, Land Use and Zoning Law, Land Use and Zoning Litigation, 2020-2025
• Super Lawyers, Northern California Super Lawyer, Energy & Resources, 2019-2024
• Super Lawyers, Northern California Rising Star, Environmental Litigation, 2009-2010
• Sacramento Magazine, Top Lawyer, Energy & Natural Resources, Land Use/Zoning, 2016-2019
• Sacramento Business Journal, Best of the Bar, 2019

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