Clark has more than 25 years of experience in the permitting and development of large and controversial projects. His clients include residential and commercial developers, wind and solar energy development companies, public agencies (universities, water districts, airports, cities, and counties), domestic and international commercial and industrial firms, and wineries and other agricultural concerns. Clark's areas of expertise include all California laws affecting the development of real property. He is also recognized nationally for his expertise in federal endangered species, wetlands, public lands, and other natural resource laws, and works on the largest habitat conservation planning efforts in the western United States.
Land Use And Development
Clark's statewide land use practice is focused on the entitlement, defense, and development of mixed-use master-planned communities. He advises many of the largest developments in California, including several projects with proposed build-outs of between 10,000 and 25,000 dwelling units. Clark is currently working on some of the Bay Area's best-known urban infill projects, including bayside and military base reuse projects, which have involved the development of innovative legal and planning concepts to address the growing body of laws promoting the reduction of greenhouse gases. He was a pioneer in the evolution of California's laws requiring evaluation of water supply resources in connection with new development, having successfully represented the controversial Dougherty Valley project since 1991. Clark is skilled in all aspects of land development, from the preparation of specific plans and environmental impact reports and the negotiation of development agreements, to the defense and settlement of complicated multi-party CEQA lawsuits, and ultimately to the implementation of fully permitted projects through the finance, mapping, and construction processes.
Wetlands And Endangered Species
Clark is one of the nation's leading attorneys with significant expertise in wetlands and endangered species laws and regulations. He advises a broad spectrum of clients in this area, including land developers; alternative energy companies; mining and agricultural interests; and public agencies such as water districts, cities, and counties; and mining and agricultural interests. Clark helps his clients negotiate the approval processes of the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service, the California Department of Fish and Game, U.S. Environmental Protection Agency and California's Regional Water Quality Control Boards. His experience includes permitting and litigation under Sections 401 and 404 of the Clean Water Act, Sections 7 and 10 of the Endangered Species Act, the Migratory Bird Treaty Act, the Marine Mammal Protection Act, and Sections 2081 and 1603 of the California Fish and Game Code. He has participated in the development of numerous large-scale habitat conservation plans, natural community conservation plans, and mitigation banks. He is presently handling some of California's most complex wetlands and endangered species matters. As a result of this work, Clark has become an important authority on the National Environmental Policy Act (NEPA), having managed the preparation of more than a dozen environmental impact statements.
Water Supply Evaluation And Planning
Clark is one of the firm's primary resources on water rights and related issues. He regularly advises water districts, cities, counties, other public agencies, developers, industrial concerns, and agricultural interests in all aspects of water law. His matters include water rights permitting, water transfers, conjunctive use arrangements, wastewater treatment and reuse, urban water management planning, water supply/demand evaluations under SB 610 and SB 221, infrastructure development and finance, and all other matters associated with the development, use, management, and transfer of water resources. He is also experienced in handling the myriad state and federal regulatory structures affecting the use of water, including the state and federal Endangered Species Acts, Magnussen-Stevens, the Clean Water Act, the Porter-Cologne Act, and other laws.