Cases
Representative Matters: Obtained dismissal of a l
use lawsuit against D. R. Horton, one of the nation's largest residential developers
homebuilders
defended a lawsuit challenging the environmental review of a residential development after having secured its approval by the City of Coachella.
Obtained on behalf of a city a dismissal of a case brought by a community organization alleging the city
individual city council members violated conflict of interest laws by accepting excessive campaign donations in exchange for the city council's approval of two high end luxury hotels in the city.
Successful defense of action in Monterey County Superior Court challenging l
use initiative ballot arguments.
Lead trial
appellate counsel on behalf of property development firm in action interpreting
enforcing General Plan provisions affirming developer's ability to proceed with a residential development in the City of Orange in Southern California, setting a precedent confirming the powers of local legislative bodies to interpret
apply their own general plans to development projects.
Lead trial counsel for the City of Bakersfield in a lengthy
complex case involving the forfeiture of pre-1914 appropriative water rights on the Kern River. The case lasted more than 12 years
Mr. Pearce tried the case twice, first in a four-month trial,
several years later in a two-month trial of certain rem
ed issues,
h
led the lengthy appeal of the matter. ( North Kern Water Storage Dist. v. Kern Delta Water Dist. (2007) 147 Cal.App.4th 555.)
Lead counsel in a one-month federal jury trial
related complex litigation on behalf of more than 100 homeowners in an action involving contamination of a groundwater basin
drinking water supply with perchlorate.
Lead trial counsel for a California city
a number of its police officers in a five-week federal jury trial involving the successful defense of an action involving civil rights claims
allegations of excessive force. Mr. Pearce was also lead counsel in the appeal of the matter. ( Paine v. City of Lompoc, 160 F.3d 562 (9th Cir. 1998).)
Lead trial counsel for California city in federal action accusing police department
officers of civil rights violations, discrimination
sexual harassment. Obtained a verdict for all defendants after a two week jury trial.
Lead trial
appellate counsel on behalf of large water district in successful defense of CEQA action involving the use of an exemption for the adoption of groundwater pumping rates. ( Great Oaks Water Co. v. Santa Clara Valley Water District (2009) 170 Cal.App.4th 956.)
Lead trial counsel in successful prosecution of CEQA action against water district based on use of an addendum to an outdated EIR for a large water project.
Lead trial counsel for county water authority in the jury trial of lost-profits claim arising out of condemnation of property for installation of State Water Project pipeline. Obtained jury verdict in favor of client after five-day trial.
Ongoing representation of large Southern California City in litigation alleging conflict of interest violations against City Council members in connection with hotel developments.
Lead trial
appellate counsel of successful defense of action by multiple water districts challenging State Water Resources Control Board orders granting petition of City of Bakersfield to declare the Kern River no longer fully appropriated.
Representation of numerous clients regarding preparation
defense of state
federal environmental documents for hydropower
water development projects, including CEQA, NEPA, streambed alteration agreements, CWA 401 certifications, etc.
Representation of City of Bakersfield in connection with preparation of Environmental Impact Report for large municipal water project connected with increasing
restoring flows of water in the Kern River.
Representation of State Water Contractors in defense of challenge to EIR for Lake Oroville Facilities Relicensing.
Representation of statewide private water company in connection with water supply issues, regulation, planning, preparation of Urban Water Management Plans,
water transfers.
Represented large European solar power developer in efforts to find water supply for solar power project in Mojave Desert.
Ongoing representation of Northern California county water district in State Water Resources Control Board proceeding
related water supply efforts.
Represented City of Bakersfield in litigation involving distribution of property tax revenues.
Representing private water company in ongoing mediation involving groundwater pumping levels
negotiation of related conjunctive use agreement involving the City
County of San Francisco.
Represented City of Bakersfield in a number of civil actions involving groundwater banking, appropriative water rights, water supply assessments
development,
related issues involving the sufficiency of water supplies for development, groundwater pumping
the use of recycled water.
Represented agricultural food processor in administrative proceeding
related civil action against Regional Water Quality Control Board involving alleged violations of state Clean Water Act
waste discharge permit requirements.
Representing City of Bakersfield in ongoing proceeding before the State Water Resources Control Board involving petition to revise the fully appropriated status of the Kern River
related application to appropriate surplus water.
Defended California city in State Water Resources Control Board proceeding involving alleged violations of waste discharge order.
Represented international transportation company in defense of stormwater discharge violation charges by Regional Water Quality Control Board.
Successful defense of Lake Tahoe business owners in enforcement action by local regional planning agency.
Represented California city before the California Public Utilities Commission in proceeding involving city's challenge to lease for coastal power plant
related water discharge issues.
Represented French energy company in California wrongful death action involving Bay Area wind farm.
Represented county water district in litigation against the Metropolitan Water District of Southern California over water wheeling rates
water transfers.
Defended large water district in multiple actions involving challenges to district's groundwater pumping rates,
use of funds collected through pumping rates, under a number of theories, including violations of Proposition 218.
Represented construction company in dispute over installation of the SCADA system for the water system of a large city.
Represented private water company in negotiation of water transfer agreements
exchanges involving banked water in the Central Valley.
Defended private l
owners in State Water Resources Control Board enforcement action involving alleged excessive diversions from the Kaweah River.
Represented Kern River interests in FERC proceeding involving attempted energy development along Kern River.
Defended City of Bakersfield in EPA enforcement action involving jurisdictional issues
permitting requirements.
Represented large municipal utility district in lengthy Public Utilities Commission proceedings involving energy deregulation, distribution rates
privatization.
Advised coastal water management agency on groundwater
water quality issues,
represented agency in dispute over groundwater charges.
Successfully blocked transfer of large power plant in Public Utilities Commission proceeding.
Represented multiple private companies in defense of actions based on California's Proposition 65.
Defended construction company
surety in action brought by county involving installation of cable lines.
Represented large Bay Area water district in quiet title action involving rights to stream flow.
