Water Resources

We are guiding LADWP through the process of implementing a multi-billion dollar dust control program at Owens Lake, coordinating extensively with interested tribal groups, the Bureau of Land Management, the U.S. Department of Fish and Wildlife, and other agencies to secure approvals, prepare SIP, CEQA, and NEPA reviews, and negotiate lease/access agreements.

Meyers Nave represents LADWP in complex litigation in which the San Diego County Water Authority (SDCWA) challenges the rates and charges for imported water charged by Metropolitan Water District of Southern California (MWD) under a variety of legal theories, including Proposition 26 and common law. Millions of dollars of past and future rates and charges are involved in the case. The First District Court of Appeal ruled in favor of our client on the primary issue of whether State Water Project transportation costs are appropriately recovered in MWD’s transportation rate. The appellate proceedings are now to move forward. Meyers Nave managed discovery and Public Records Act requests to LADWP seeking in excess of 70 million documents.

Represented five sanitation districts against two large municipalities in a multi-phased administrative proceeding over a contested $2 billion capital improvement program for the largest wastewater treatment facility in the western United States.

Successfully represented Los Angeles Department of Water and Power (LADWP) in appeal overturning trial court’s decision that LADWP’s annual water allocations to ranchers leasing land from LADWP in Mono County were subject to CEQA. The Court’s decision allows LADWP to continue to manage its water resources to meet the many competing customer, environmental, and regulatory demands on LADWP’s water free from annual litigation on these decisions.

Since 2011, Meyers Nave has assisted VTA on land use and environmental matters for implementation of long-range plans to expand public rail transit into the South Bay and Silicon Valley, including bringing BART from Fremont through San Jose to Santa Clara through a multi-phased, six-station project, which runs through several local jurisdictions, and incorporates transit-oriented development and integration with existing facilities, including parking considerations. Meyers Nave’s work spans the CEQA and NEPA process (from review of plans through litigation and appeals, including a legal challenge from the San Jose Sharks regarding impacts on parking), Section 404 permitting, and coordination with FTA and other local, state and federal agencies.

Meyers Nave is lead outside for BNSF in the Barstow International Gateway project, a 4,500-acre new integrated rail facility that will allow the direct transfer of containers from ships at the Ports of Los Angeles and Long Beach to trains for transport to Barstow, including NEPA, BLM, Army Corps, ESA, CESA and Clean Water Act issues. This state-of-the-art master-planned rail facility, the first being developed by Class 1 railroad, will help reduce highway congestion, transform the regional economy, and unlock critical efficiencies to meet our nation’s supply chain demands.

Meyers Nave successfully defended UC Santa Cruz in a lawsuit about applying to LAFCO for water service for its North Campus expansion. The trial court dismissed the complaint, and the court of appeal upheld this decision. Additionally, we advise UC Santa Cruz on the City of Santa Cruz’s Environmental Impact Report for water and power provision. We continue to strategize with the City to ensure adequate water supply for the North Campus expansion under its Long Range Development Plan.

Counsel on federal litigation over the upgrade of Honolulu’s wastewater treatment and collection systems and the validity of the City’s waivers from the Clean Water Act’s secondary treatment requirements. The work included negotiating a multi-decade federal consent decree, an administrative petition before the Environmental Appeals Board seeking review of a permit waiver decision, and a Freedom of Information Act suit against the EPA to obtain documents.

Counsel on changes to the City’s NPDES permit and the subsequent petition to the State Water Board seeking review of the permit terms, alongside a federal action brought by the EPA and a non-governmental organization over alleged discharge violations from the City’s collection system. The firm negotiated a favorable injunctive remedy in the federal action and the penalty in the related state administrative proceeding.

Prepared the CEQA analysis and successfully defended the facility, which weans the City’s municipal golf course off potable water, against challenges under CEQA, the Seismic Hazard Mapping Act and the Alquist-Priolo Earthquake Fault Zone Act.

Successfully defended the City’s approval of an EIR for a six-million-gallon-a-day wastewater treatment plant. The court held that petitioners failed to exhaust administrative remedies and failed to show either a CEQA violation or any inconsistency with the City’s general plan.

Represented the City in three consolidated CEQA lawsuits challenging the EIR for proposed improvements to its wastewater treatment facilities and ponds, with the trial court ruling in the City’s favor.

Represented the largest desalination plant in the Western Hemisphere in obtaining entitlements before the California Coastal Commission and securing the environmental approvals the project required.

Joint defense of the District, the Long Beach Water Department and the Cities of Lakewood, Compton, Vernon and Huntington Park against a CEQA challenge contending that the parties’ stipulation to amend a 1965 judgment adjudicating pumping rights in one of California’s largest groundwater basins was itself a project requiring review. The court held the stipulation made the respondents advocates of the motion to amend rather than approving agencies.

Lead counsel in a series of eminent domain trials acquiring land for wells, treatment and pipeline easements. In one case the landowner’s appraisals reached $1.68 million against the District’s $27,500, and the jury returned $67,500. In two related trials the central question was whether a temporary construction easement caused temporary severance damages to the remainder under Campus Crusade for Christ and Fisher; the jury agreed with the District that it did not.

Meyers Nave served as lead litigation counsel in disputes over construction delays and design defects at the Rinconada Water Treatment Plant. Represented the District in Dispute Review Board hearings involving over 1,000 days of claimed delay, then secured a favorable $4.5M+ recovery in litigation over system-wide design failures.

Meyers Nave advises the District on complex environmental and regulatory matters involving dam operations, groundwater recharge basins, and flood control facilities. Our work includes Section 404 permitting, a low-effect HCP, Section 7 consultations, and real estate transactions. We regularly negotiate with the U.S. Army Corps of Engineers and U.S. Fish and Wildlife Service on Endangered Species Act, water quality, and SMARA compliance.

We won a multimillion-dollar jury verdict for the City of Santa Barbara in a complex trial over negligent engineering at the Estero Wastewater Treatment Plant. The case involved months of expert testimony and claims of construction delays, plant shutdowns, and lost revenue.

We provide comprehensive counsel to the District on permitting, compliance, and environmental review for its system of dams, basins, channels, and storm drains. Our representation covers CEQA, NEPA, and Endangered Species Act issues, including Section 1600 agreements, habitat mitigation, and coordination with federal and state agencies. We also guide the District on compliance with its MS4 NPDES permit.

We defended the Department of Water Resources in high-stakes arbitration over $10M+ in contractor delay claims tied to reservoir construction. We secured a major win at trial limiting liability to a small fraction of claims followed by a favorable settlement after appellate reversal.

We represent the County of San Bernardino relating to San Bernardino’s MS4 stormwater permit, affecting dozens of permittees and three counties. Meyers Nave has taken a lead role in spearheading negotiations with the Office of Chief Counsel for the State Water Resources Control Board. As a full-service firm, Meyers Nave has also worked closely with the principal county permittees and teams of consultants to ensure that all legal issues are preserved for administrative appeal and potential judicial review.

We represent the Town of Windsor in acquiring appropriative water rights and re-negotiating the town’s water supply contract with Sonoma County Water Agency. In our role, we address the complex relationship between reservation water set aside by state filings, existing water supply contracts and endangered species biological opinions that affect in-stream flows.

Meyers Nave litigated a landmark CEQA case on water supply analysis, Vineyard Area Citizens for Responsible Growth, Inc. v. City of Rancho Cordova. The ruling by the California Supreme Court determined how EIRs must analyze water supplies for long-range development projects under CEQA. Our team also completed the Supplemental EIR in accordance with the court’s new rubric for water supply analysis, and implemented these standards for scores of other municipal EIRs statewide.

Meyers Nave successfully defended the Metropolitan Water District (MWD) of Southern California, which provides drinking water to nearly 17 million people, in a groundwater contamination lawsuit. The case, Orange County Water District v. Northrop Corp., et al., involved claims under the California Hazardous Substances Account Act, which aligns with federal CERCLA standards. Litigated in the Orange County Superior Court’s complex case division, the lawsuit alleged MWD’s responsibility for perchlorate contamination in the North Basin. Meyers Nave negotiated a dismissal for MWD and all other cross defendants.

Meyers Nave represents the San Diego County Water Authority in a high-stakes, contentious lawsuit against the San Diego Local Agency Formation Commission (LAFCO) challenging the decision by San Diego LAFCO to allow two local water agencies to leave the Water Authority without paying their share of costs incurred.

Fifteen of the sixteen theories the Irvine Ranch Water District asserted failed at trial. Meyers Nave represents three groundwater pumpers, the East Orange County Water District, Yorba Linda Water District and Mesa Water District, in that challenge to the way the Orange County Water District administers an unadjudicated basin. The case was tried in four phases.

Meyers Nave secured a critical appellate victory for the City of San Diego in its dispute with SDG&E over utility relocation costs tied to the City’s $4 billion Pure Water program. The Court of Appeal reversed the trial court, holding that SDG&E was financially responsible under its franchise agreements. This precedent-setting decision protected public funds, affirmed key infrastructure rights, and had significant implications for utility relocation obligations across the water industry.

Over decades, we have prepared reusable design, construction, design-build and CM/GC contract manuals for the Port of Oakland Seaport and Airport Expansion projects (over $2 Billion construction value), the San Francisco International Airport Expansion Project (approximately $1.4 Billion construction value), cities (Berkeley, Santa Clara), counties (Santa Clara and San Mateo), school districts and community college districts (Sonoma Valley, Emeryville, Peralta, San Francisco), Irrigation District (El Dorado), and Kaiser Hospitals (13 hospitals, more than $2 Billion construction value).

We serve as construction counsel on the District’s Energy Recovery and Efficiency Project, an estimated $20 million project.

Meyers Nave attorneys have provided labor and employment support to EBMUD since 2012. We’ve prevailed in numerous grievance arbitrations on behalf of EBMUD against several chapters of the American Federation of State, County and Municipal Employees (AFSCME).

Meyers Nave has represented Valley Water in various labor and employment matters including litigation.

Represented the District in a lawsuit alleging that an associate civil engineer was denied promotional opportunities and was harassed because of her race, national origin and participation in protected activities. The District achieved a favorable settlement, dismissing all claims.

Meyers Nave completed two investigations in December 2023 arising from a board director’s complaint against the district’s chief executive officer and board chair.

Meyers Nave is the primary outside law firm for land use and environmental services for the Los Angeles Department of Water & Power (LADWP), the largest municipal utility in the United States.

Meyers Nave advises LADWP on the preparation of CEQA documents for individual water and electric facilities, and on developing tools for engaging stakeholders early in planning processes.

Advised on the environmental review of the Elysian Reservoir and Stone Canyon Reservoir water quality improvement projects, helping to bring these open reservoirs into compliance with updated Environmental Protection Agency drinking water quality standards.

We are litigation counsel regarding changes to a mitigation measure in an EIR that analyzed a historic water agreement for the City of Los Angeles’s aqueduct and transfer of water from Owens Valley to Los Angeles.

CEQA and NEPA advice on groundwater infiltration infrastructure.

Meyers Nave is currently representing LAWA in responding to administrative water quality orders, including an investigative order issued by the State Water Resources Control Board (SWRCB), regarding perfluoroalkyl and polyfluoroalkyl substances (PFAS) in groundwater around the Los Angeles International Airport.

Among many complex matters, the firm has provided CEQA advice and review of a major Draft EIR prepared for the Anderson Dam Seismic Retrofit Project.

Represented Santa Clara Valley Water District (Valley Water) as outside CEQA counsel since 2010 on over 30 water supply or flood management projects.

Special counsel to the Los Angeles County Flood Control District on CEQA issues related to its Stormwater Interceptor Project, a fully automated, solar-powered trash collection device designed to capture floating plastic, trash, and litter before they reach the ocean.

The City filed a petition for writ of mandate and complaint for declaratory and injunctive relief against the Water District seeking a peremptory writ of mandate, to vacate and set aside the Water District’s approval of the proposed use of water in violation of the constitutional prohibitions on water waste and unreasonable use without CEQA compliance.

Represented the Northern California Power Agency with the procurement of a photovoltaic array project to power a pump station designed to transmit wastewater effluent to a geothermal site for injection into the steam wells, in the world’s first wastewater geothermal injection system.

Counseling LADWP on transactional matters regarding recycled water, environmental permitting compliance, and water rights for numerous projects.

PFAS groundwater proceedings before the State Water Resources Control Board and air quality regulatory work across airport operations.

Meyers Nave represented the County of San Bernardino in the administrative process providing legal analysis and advice regarding the next tentative order for the Santa Ana Regional MS4 Permit.

We represent the San Diego County Regional Airport Authority in negotiations with the Regional Water Quality Control Board regarding investigation of sediment contamination in San Diego Bay. The Regional Board alleges that PCBs and heavy metals were discharged from storm water conveyance systems into the Bay.

County of Mono, et al. v. City of Los Angeles, et al. (2022), First Appellate District of the Court of Appeal, Case No. A162590. Successfully represented LADWP in appeal overturning trial court’s decision that LADWP’s annual water allocations to ranchers leasing land from LADWP in Mono County were subject to CEQA.

Meyers Nave serves as lead litigation counsel over LADWP’s water rights to Mammoth Creek and the Owens River and proposed actions by the Mammoth Community Services District.

City of Vacaville (9th Cir. 2022) 39 F.4th 624, Meyers Nave successfully defended Vacaville against novel claims by an environmental group (California River Watch) that, while in full compliance with drinking water requirements, the City had allegedly violated RCRA’s imminent and substantial endangerment provisions by transporting and storing water containing hexavalent chromium. Our client vigorously contested these novel attempts to expand RCRA liability. After obtaining summary judgment in the city’s favor in the district court, an initial Ninth Circuit decision called for reversal. Meyers Nave filed a petition for rehearing en banc, which resulted in withdrawal of the initial decision and publication of a new opinion affirming the city’s victory in the district court. The Plaintiff also alleged unlawful discharges of hexavalent chromium through Vacaville’s MS4, but we negotiated a settlement of those aspects of the claim.

Represented Valley Water in complex judicial council coordinated action against the State Water Resources Control Board challenging its Phase I amendments to the San Francisco Bay/Sacramento – San Joaquin Delta Estuary Bay-Delta Water Quality Control Plan (Bay Delta WQCP), which addressed water quality objectives on the Lower San Joaquin River, its tributaries, and the southern Delta.

Defended the City of Glendale against a third party citizen suit claim under the Clean Water Act, alleging that the city’s Recycling Center violated the General Industrial Stormwater NPDES Permit.

Special counsel to the Flood Control District on the fully automated, solar-powered trash interceptor that captures plastic and litter before it reaches the ocean, settling two lawsuits before briefing and trial.

Meyers Nave has been engaged to advise the Southern California Regional Rail Authority (Metrolink) on CEQA, environmental, and Surface Transportation Board regulatory issues related to a multi-year $1 billion system-wide improvement program and projects. We are advising Metrolink in assessing air quality emissions from its Central Maintenance Facility in the City of Los Angeles, and in adopting measures to lessen those emissions and their impacts. This representation is a groundbreaking effort at environmental analysis conducted for the purpose of responding to concerns expressed by the surrounding urban community. We are also representing the client in responding to an order from the California Regional Water Quality Control Board, Los Angeles Region, regarding Metrolink’s dewatering system at Tunnel 26 near Chatsworth, California. It raised a question of first impression about previously unregulated activity.