Assist developers in securing permits, approvals, and entitlements for development projects, including advising on local and state laws, regulations, and procedures in the context of project applications, submittals, and appeals.
Represent clients in the context of CEQA review and CEQA litigation, including managing environmental consultants and advising on the preparation and review of EIRs and other environmental review documents and advising on associated litigation risk and strategy.
Assist clients in securing approvals for the development of coastal projects subject to the California Coastal Act and local coastal programs.
Assist clients in entitling residential and mixed-used projects pursuant to state and local affordable housing and density bonus laws, as well as the Subdivision Map Act.
Conduct land use, environmental, and regulatory due diligence for real estate and commercial transactions.
Draft, negotiate, and advise on real estate transactional documents, including land use and environmental provisions in purchase and sale agreements and leases.
Review and advise on Phase I and Phase II environmental site assessments in the context of real estate and commercial transactions.
Draft, negotiate, and advise on development agreements for residential and commercial development projects.
Advise and advocate on behalf of diverse clients on federal and state environmental and regulatory compliance issues, including hazardous waste/materials, environmental permits, solid waste and recycling, e-waste, wastewater, and groundwater (including in the context of NEPA, CERCLA, RCRA, CWA, CAA, and state/local equivalents).
Advise on product safety issues under OSHA and state law equivalents.
Represent property owners in the context of real estate litigation matters involving easement and boundary disputes, nuisance claims, violations of community association laws and governing documents, and violations of the Takings Clause of the United States and California Constitutions.
Advise municipalities and property owners on Religious Land Use and Institutionalized Persons Act (RLUIPA) and related zoning issues in the context of permit applications and threatened/actual litigation.
Research and draft briefs and motions, and engage in oral argument and negotiations, in the context of civil and administrative litigation and alternative dispute resolution proceedings in the areas of land use (including NEPA and CEQA), real estate, environmental, and general business/commercial litigation.
Manage and coordinate full litigation discovery, including e-discovery.
Conduct legal research, advise on strategy and risk, and otherwise assist with litigation, trial, and appeal preparation and strategy.
Attend alternative dispute resolution proceedings to advocate on behalf of clients and effectively and favorably resolve matters prior to trial.
Represent diverse clients in the areas of land use litigation (including CEQA) real estate litigation, construction litigation, general business/commercial litigation, and products liability litigation.
Served as contracted city attorney for municipalities with respect to public law issues, such as land use and zoning, open meetings, political law, data practices/privacy, records retention, civil rights, records requests, public contracts, and general legal matters.
Drafted city ordinances, resolutions, public contracts, and other government documents for municipalities.
Advised clients on regulatory requirements related to communications transactions and the transfer of FCC licenses in the context of real estate and commercial transactions.
Worked with consultants and provided oversight for NEPA reviews for antenna tower construction.
Advise public and private educational institutions on education law issues, including civil liability and litigation, federal and state regulatory compliance, educational privacy, accreditation, and constitutional/civil rights matters.
Represent energy companies and utilities in front of Federal Energy Regulatory Commission in the context of administrative litigation and to secure permits and approvals for development and rate modifications.
“Most Likely Descendants” Regulations Enter Approval Process, 2/1/2017
Emergency Groundwater Management Regulations Now in Effect, Certain to Make an Impact, 7/15/16
The California Environmental Quality Act in 2015 – Summary of New Court Decisions, Statutory Changes and Proposed CEQA Guidelines Amendments, 2/4/2016
“Dealing with Special Zoning Issues,” (Author) for National Business Institute seminar (Practical Guide to Zoning and Land Use Law), Bloomington, MN, 4/8/14
“Challenging or Appealing an Administrative Zoning Decision,” (Co-Author) for National Business Institute seminar (Practical Guide to Zoning and Land Use Law), Bloomington, MN, 4/8/2014
“No Password for You: California Enacts Social Media Privacy Laws Affecting Employers and Postsecondary Educational Institutions” (co-author), 2012
“CFTC and SEC Propose New Identity Theft Red Flags Rules” (co-author), 2012
Contributing author to Chapter 120, “Energy and the Environment,” in David J. Muchow & William A. Mogel, ENERGY LAW & TRANSACTIONS (5th ed. 2012).
Investing in Arts Education to Advance California’s Creative Industry, CAL. ALLIANCE FOR ARTS EDUC. (2011), available at http://www.artsed411.org/files/KurtWhitman_InvestinginArtsEducation%20copy.pdf.
“Dealing with Special Zoning Issues,” (Presenter) for National Business Institute seminar (Practical Guide to Zoning and Land Use Law), Bloomington, MN, 4/8/14
“Challenging or Appealing an Administrative Zoning Decision,” (Co- Presenter) for National Business Institute seminar (Practical Guide to Zoning and Land Use Law), Bloomington, MN, 4/8/14