Briscoe Ivester & Bazel LLP was formed in 2005 by experienced lawyers dedicated to excellence in the practice of land use, environmental, and natural resource law. Our goal is to provide outstanding client service through expertise, insight, and responsiveness. We strive to understand each client’s business or policy goals and assemble the best talent, from inside and outside the firm, to achieve the desired results.

LAND AND NATURAL RESOURCE USE

With a clear understanding of the law, strong negotiating skills, and thorough preparation, the firm regularly guides clients through the land use and environmental regulatory maze and related court proceedings. We help clients develop and implement a wide range of projects (commercial, residential, mixed-use, resource use, energy, and water) and resolve title and boundary issues.

Our lawyers have gained special expertise in handling administrative matters with agencies exercising regulatory authority under the California Environmental Quality Act, National Environmental Policy Act, Clean Water Act, Endangered Species Act, Migratory Bird Treaty Act, National Historic Preservation Act, California Coastal Act, California Water Code, California Fish and Game Code, the public trust doctrine, and local general plans and zoning ordinances, among others. We are unusually knowledgeable in the law of the sea and international environmental law. We are particularly well known for our broad experience in water boundaries and waterfront development.

ENVIRONMENTAL


The firm's practice covers the full range of environmental issues. The firm advises clients, represents them before administrative agencies, and litigates issues relating to permitting, compliance, environmental impact review, water and wastewater discharges, stormwater, contaminated soil and groundwater, air quality, hazardous waste, toxic torts, and liabilities under the Clean Water Act, Clean Air Act, Endangered Species Act, Resource Conservation and Recovery Act, CERCLA (Superfund), California Porter-Cologne Act, California Fish and Game Code, California Carpenter-Presley-Tanner Hazardous Substance Account Act, California Proposition 65, and other California and Nevada statutes.

We have represented clients on issues before the Environmental Protection Agency, California State Water Resources Control Board, California Coastal Commission, California Energy Commission, the United Nations, local air pollution control districts, regional air quality management districts, regional water quality control boards, cities, counties, and special districts. We are particularly well known for our expertise in Clean Water Act issues.

WATER

We protect the water rights of public and private clients, and help them secure new water supplies. We work with engineering consultants and title companies to perform water rights investigations, and counsel clients on perfecting, protecting, and reporting those rights. We help our clients and their consultants develop water supply “assessments” and urban water management plans. We secure the regulatory approvals and entitlements necessary to ensure predictable water supplies for new development. We also litigate quiet title actions for groundwater and surface water, instream flow requirements for reservoir operations, challenges asserting the public trust doctrine, and contractual disputes over water service and water supplies. Working with a title insurance company, we developed the first title insurance for water rights.

LITIGATION

Much of the firm’s practice is devoted to litigation. We represent clients in environmental enforcement actions brought by federal and state agencies, in citizen suits brought by private organizations, in disputes arising out of governmental efforts to regulate the development of land and natural resources, and in contractual or business disagreements arising out of real estate transactions, title insurance, water contracts, and contaminated property. The firm has represented landowners, developers, title insurers and their insureds, water rights holders, departments of the State of California, cities and other governmental entities, wastewater dischargers, regulated industries, and public interest groups. The firm also represents condemning entities and private landowners in condemnation cases in state and federal courts.

We have handled many trials in state and federal courts, appeals in state and federal appellate courts (including the U.S. Supreme Court and California Supreme Court), and proceedings in international tribunals (such as the Permanent Court of Arbitration in the Hague).