Home Building and Other Land Development

Land development activities frequently trigger complex legal issues associated with endangered species protection, wetlands-area development, storm water control, historic preservation, and environmental planning. Our lawyers are expert in developing compliance strategies under the various federal and state counterpart statutes that apply to development activities on private and public lands, including NEPA, NHPA, ESA, and CWA, and defending those strategies against government enforcement actions and citizen suits when necessary. Our work has included:

• Defending a large national home builder in a nationwide enforcement action for alleged violations of EPA’s storm water program.
• Representing the National Association of Home Builders in litigation brought by environmentalists challenging EPA’s general permit for storm water discharges, and successfully moving for dismissal of those claims on standing grounds. Texas Independent Royalty Producers & Owners Association v. EPA, 410 F.3d 964 (7th Cir. 2005).
• Assisting the largest private landowner in California in its efforts to develop an entire city, including negotiating a habitat conservation plan and incidental take permit under the ESA.
• Providing ESA and NEPA compliance counseling for the developer of a ski resort in Colorado, including assessing litigation strategies to overcome challenges by local environmental organizations during project implementation.