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Duane Morris LLPPartner
Thomas Martin Berliner

Thomas Martin Berliner

Not yet reviewed

One Market Plaza, Suite 2200, San Francisco, CA 94105

Water Law, Water Rights, Energy Law and 7 more

About Thomas Martin Berliner

Thomas Martin Berliner is a lawyer practicing water law, water rights, energy law and 7 other areas of law. Thomas received a A.B. degree from University of California, Davis in 1975, and has been licensed for 48 years. Thomas practices at Duane Morris LLP in San Francisco, CA.

Thomas Martin Berliner (San Francisco, California)

Awards

AV Preeminent Peer Rated
This elite award is granted to attorneys who have been recognized by their peers for their very high ethical standards, with an average peer review score of 4.5 or higher.
Martindale-Hubbell Peer AV

Client Champion Awards

Client Champion awards recognize those attorneys who excel at service as affirmed by their clients. The awards, based on the quantity and quality of an attorney’s Martindale-Hubbell client reviews, demonstrate an ongoing commitment to delivering excellent client service. Award recipients stand out from their peers with a platinum, gold or silver icon.

Champion Badge Silver

At least three reviews and a score of 4.0 or higher.

Champion Badge Gold

At least six reviews and a score of 4.2 or higher.

Champion Badge Platinum

At least ten reviews and a score of 4.5 or higher.

Martindale Peer Awards

A lawyer who receives a minimum threshold of qualifying responses from fellow attorneys can qualify for one of three prestigious Martindale-Hubbell Peer Review Ratings:

Martindale-Hubbell Peer AV Preeminent Rating

AV Preeminent®: The highest peer rating standard. This rating signifies a large number of the lawyer’s peers rank him or her at the highest level of professional excellence for their legal knowledge, communication skills and ethical standards.

Thomas Martin Berliner got this award in 2021

Martindale-Hubbell Peer Distinguished Rating

Distinguished: An excellent rating for a lawyer with some experience. This rating indicates the attorney is widely respected by their peers for high professional achievement and ethical standards.

Martindale-Hubbell Peer Notable Rating

Notable: This rating indicates that the lawyer has been recognized by a large number of their peers for strong ethical standards.

Avvo Awards

Avvo Top Contributor

Avvo Top Contributor: The Avvo Top Contributor Award is granted to attorneys who have earned significant contribution points in a given year on our sister site, Avvo.com. Contribution points are earned by answering questions in Q&A, publishing Legal Guides, and other useful contributions to the Avvo community.

Avvo Client Choice

Avvo Client’s Choice: The Avvo Client's Choice Award Badge is granted to attorneys with a significant number of 4+ star reviews in a given year.

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Services

Areas of Law

  • Natural Resources 1
    • Water Law
  • Municipal Law
  • Government 1
    • Government Relations
  • Government Contracts 1
    • Government Procurement
  • Other 5
    • Water Rights
    • Energy Law
    • Energy Deregulation
    • Environmental Regulation
    • Environmental Legislative Practice

Practice Details

  • Firm Information
    Position
    Partner
    Firm Name
    Duane Morris LLP
  • Representative Cases & Transactions
    Cases
    Representative Matters: Representation of California Water Agencies before State Water Resources Control Board concerning California WaterFix.
    Litigated
    then negotiated on behalf of the Merced Irrigation District a settlement of a major water litigation case in California against a downstream water user who was claiming a perpetual right to water.
    Representation of water agencies
    private parties regarding water transfers.
    Advising water agencies regarding Sustainable Groundwater Management Act (SGMA).
    Advising the California Department of Water Resources (CDWR) regarding the renegotiation of the long-term water supply contracts with the customers of the California State Water Project (SWP), which provides in excess of 2,000,000 acre-feet of water per year to over 25 million Californians, 750,000 acres of agriculture,
    generates about 6.5 million megawatts of hydroelectric power per year.
    Advising CDWR regarding issues pertaining to hydropower licensing.
    Representation of investor-owned utilities on water transfers.
    Representation of real estate developers on water transfers, CEQA
    WSA matters.
    Representation of rancher regarding water rights in contested proceedings before SWRCB.
    Representation of vendor to PG&E in general rate case before CPUC.
    Representation of water agency regarding water quality
    discharges from reservoir.
    Representation of irrigation interests on the San Joaquin River regarding impacts resulting from the restoration of the San Joaquin River.
    Representation of M&I
    agricultural water agencies regarding Bay-Delta matters.
    Representation of urban water agency regarding compliance with Proposition 218
    management of groundwater resources.
    Representation of state water contractor interests regarding issues pertaining to the SWP contracts
    related state legislation.
    Preparation
    defense of NEPA
    CEQA documents concerning water quality st
    ards setting processes
    hydropower licensing, federal contracting
    federal l
    permitting. Examples include representation of urban water suppliers in numerous proceedings to establish WQ st
    ards for the Bay-Delta region of California
    representation of customers of the California State Water Project in the FERC relicensing of Oroville Dam
    negotiations on behalf of water agency that serves Silicon Valley in 8 years of contract negotiations with the U.S. Bureau of Reclamation

    representation of federal l
    permittee in numerous negotiations with Dept. of Interior regarding uses of federal right of way.
    Preparation
    defense of state NEPA environmental documents for hydropower
    water development projects. Examples include prosecution of a CEQA challenge to a water development project on the Sacramento River
    defense of numerous challenges to water agencies regarding a variety of water development projects.
    Defense of industrial dischargers regarding stormwater discharges
    NPDES permits. Examples include representation of a concrete manufacturer regarding alleged discharge violations of the general discharge permit
    representation of a s

    gravel processor regarding discharges to San Francisco Bay.
    Representation of public entities before regional water quality control boards (RWQCBs) regarding groundwater
    surface water pollution/discharges.
    Representation of wastewater system operator regarding compliance with contractual obligations to municipality.
    Negotiation of lease agreement for quarry operators including on behalf of l
    owner as well as the quarry operator as lessee.
    Representation of large urban water agency regarding renewals of contracts with the United States Bureau of Reclamation, including contract negotiation, environmental compliance,
    litigation.
    Negotiation of legislation to amend water transfer provisions in the California Water Code.
    Prosecution of water rights on behalf of wineries in Northern California.
    Negotiation of streambed alteration permits on behalf of an agricultural water user.
    Recurring advice to numerous clients regarding water transfers
    exchanges.
    Representation of water agency regarding acquisitions of another water agency
    related water supplies.
    Representation of consortium of major California water users in hydropower relicensing before the Federal Energy Regulatory Commission.
    Represented a public agency before the California Public Utilities Commission regarding divestiture of PG&E's assets.
    Representation on legal
    policy matters in all aspects of City of San Francisco's operation of utilities serving retail
    wholesale water to 2.4 million customers of the San Francisco Water Department, legal
    policy advice regarding development, generation
    sales of hydropower with capacity of 400MW for Hetch Hetchy Water
    Power Department,
    oversight of legal advice regarding wastewater treatment for the San Francisco Clean Water Program.
    Representation of San Francisco in the Bay-Delta hearings
    other water rights proceedings before the State Water Resources Control Board. Member, Ag/Urban Policy Workgroup. Policy/legal representative for San Joaquin River Group affairs, including negotiation
    drafting of Vernalis Adaptive Management Plan.
    Represented San Francisco before the Federal Energy Regulatory Commission (FERC) in l
    mark proceeding involving establishment of fishery flows
    other environmental measures on the Tuolumne River in California. This five-year regulatory proceeding resulted in first-ever mediation conducted under auspices of FERC. Also represented San Francisco in three other proceedings at FERC concerning licensing of hydropower facilities.
    Representation of San Francisco
    other California urban water suppliers before the State Legislature, Congress
    federal regulatory agencies on matters of concern regarding California
    western water issues.
    Representation
    advice concerning energy deregulation. Strategic planning
    legal advice concerning opportunities created by deregulation.
    Negotiated interconnection agreements, electricity sales contracts, utility undergrounding agreements
    load transfer agreements. Negotiated
    provided advice regarding financial
    strategic partnerships for acquisition/disposition of fossil fuel plants owned by Pacific Gas & Electric Co.
    Drought management issues including rationing programs
    negotiation of water transfer contracts.

Experience

  • Bar Admission & Memberships
    Admissions
    1978, California
    U.S. Court of Appeals for the Ninth Circuit
    U.S. Court of Appeals for the District of Columbia
    Supreme Court of the United States
    Memberships

    Professional Activities

    •Water Committee, Western Growers Association
    •Board Member, Water Education Foundation
    •American Bar Association
    - Section of Environment, Energy and Resources
    •The State Bar of California
    •Association of California Water Agencies

  • Education & Certifications
    Law School
    University of California, Hastings College of the Law
    Class of 1978
    J.D.
    Other Education
    University of California, Davis
    Class of 1975
    A.B.
  • Personal Details & History
    Age
    Born in 1953
    San Francisco, California, March 17, 1953

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