Christian L Marsh

Christian Marsh is a trusted advisor to public agencies and private companies on regulatory and land use entitlement matters affecting a wide variety of projects and industries. His experience spans real estate developments, wastewater and water supply-related infrastructure, renewable and traditional energy facilities, mining operations, habitat restoration, and port and waterfront developments. No matter the project’s complexity, Christian provides practical guidance on environmental and regulatory issues, including endangered species protections, water rights, wetlands, the public trust doctrine, and environmental review under NEPA and CEQA. Christian regularly assists clients in resolving administrative and judicial enforcement actions arising from allegedly unlawful impacts to endangered species, coastal resources, rivers and streams, as well as federal and state waters and wetlands. With a particular emphasis on matters pertaining to NEPA and CEQA review, Christian represents clients in state and federal court, including successful and consecutive appeals to the California Supreme Court.

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Education

University of California College of the Law, San Francisco (formerly University of California, Hastings College of the Law), J.D., 2000

University of California at Santa Cruz, B.A., Economics and Politics, 1992

Admissions

California

U.S. Court of Appeals, Ninth Circuit

U.S. District Court for the Central District of California

U.S. District Court for the Northern District of California

California Supreme Court Appeals

• Save the Plastic Bag Coalition v. City of Manhattan Beach, 52 Cal.4th 155 (2011). Represented appellant City of Manhattan Beach and amici curiae California League of Cities (League) and California State Association of Counties (CSAC) in appeal involving CEQA’s fair argument standard. Prevailed on appeal to California Supreme Court.
• Stockton Citizens for Sensible Planning v. City of Stockton, 48 Cal.4th 481 (2010). Represented landowner in defense of claim that approval of shopping center violated CEQA, the California Constitution, and California planning and zoning laws. Prevailed on appeal to California Supreme Court.

California Intermediate Appeals (Published and Unpublished)

• Point Molate Alliance v. City of Richmond, xxx WL xxxx (Unpub. 2023/24). Defense against challenge to EIR and land use approvals for redevelopment of former Point Molate Naval Fuel Depot, including claims under CEQA, Planning and Zoning Law, California Constitution, and the public trust doctrine. After prevailing on all causes of action at trial, appeal denied on all but two technical deficiencies in EIR.
• Buena Vista Water Storage District v. Kern Water Bank Authority, 76 Cal.App.5th 576 (2022). Successful appeal in CEQA challenge to Environmental Impact Report (EIR) prepared in support of water rights proceedings before the State Water Resources Control Board. In line with our appeal, EIR upheld in full.
• Environmental Council of Sacramento v. City of Elk Grove, 2021 WL 3854906 (Unpub. 2021). Successfully defended challenge to addendum to 1,200-acre Southeast Policy Area Strategic Plan EIR adopted to address alternative habitat mitigation approved for Swainson’s hawk.
• City of Los Angeles v. Inyo County, 67 Cal.App.5th 1018 (2021). Represented largest municipal utility in the United States in action challenging CEQA exemptions for condemnation of three solid waste landfills and appurtenant water rights in the Owens Valley. Prevailed at trial and on appeal.
• San Francisco Baykeeper, Inc. v. California State Lands Commission, 29 Cal.App.5th 562 (2018). Represented leaseholder in action under public trust doctrine challenging sand mining on tide and submerged lands within San Francisco Bay. Court upheld finding by State Lands Commission that mining leases will not impair trust uses.
• Delaware Tetra Technologies, Inc. v. County of San Bernardino, 247 Cal.App.4th 352 (2016). Lead counsel for county in defense of two related cases challenging a pre-project MOU regarding the Cadiz Valley Water Conservation, Recovery and Storage Project. Actions asserted claims under CEQA, the County’s Desert Groundwater Management Ordinance, and principles of California water law. Prevailed at trial and on appeal.
• Center for Biological Diversity v. County of San Bernardino, 247 Cal.App.4th 326 (2016). Lead counsel for county in two related cases in defense of CEQA action challenging an EIR for the Cadiz Project. Prevailed at trial and on appeal.
• San Francisco Baykeeper, Inc. v. California State Lands Commission, 242 Cal.App.4th 202 (2015). Represented leaseholders in action challenging EIR for sand mining operations in San Francisco and Suisun Bays under CEQA and common law public trust doctrine. Prevailed at trial and appeal on all CEQA claims.
• Masonite Corporation v. County of Mendocino, 215 Cal.App.4th 230 (2013). Represented landowner in action challenging an EIR under CEQA and California planning and zoning laws. Prevailed on appeal.
• Santa Teresa Citizens Action Group v. City of San Jose, 114 Cal.App.4th 689 (2003). Defense against suit challenging construction of a pipeline for delivery of reclaimed water to a new energy facility brought by a private water company under CEQA, California planning laws, and the common law public trust doctrine. Prevailed at trial and on appeal.

Trial Court Cases

• Supporters Alliance for Environmental Responsibility v. City of Los Angeles. Successful defense against challenge to multi-family residential development project approved under CEQA’s Class 32 infill exemption.
• Highway 68 Coalition v. County of Monterey. Represented lead agency in defense of challenge to concessionaire agreement for Laguna Seca Raceway on CEQA and zoning grounds. Successfully settled, securing complete dismissal of all claims.
• Solano County v. Sacramento Municipal Utility District. Successfully negotiated settlement of CEQA, Government Code, and Public Utility Code claims against 92-megawatt wind repowering project within the Collinsville-Montezuma Hills Wind Resource Area.
• AIDS Healthcare Foundation v. City of Los Angeles. Prevailed on return to writ and in defense of second writ petition in consecutive challenges to EIR for mixed-use, transit-oriented commercial and residential real estate development.
• Furnee v. North Yuba Water District. In defense of challenge to annual water allocations exempted under CEQA, secured complete denial of writ petition at trial.
• Griset v. County of Siskiyou. Successful defense against challenge to county’s urgency ordinance adopted to prohibit groundwater pumping for unlawful cannabis cultivation. Writ petition asserted claims under the California constitution, reasonable use doctrine, and Sustainable Groundwater Management Act (SGMA).
• Center for Biological Diversity v. City of Temecula. Lead counsel in defense of EIR for 270-acre specific plan within the Western Riverside County Multi-Species Conservation Plan. Successfully negotiated settlement after trial.
• Communities for a Better Environment v. San Joaquin Valley Air Pollution Control District. Represented real party in interest in defense of action under CEQA and the Air District’s air quality rules to enjoin operation of crude oil terminal. Prevailed at trial.
• Kern Water Bank Authority v. City of Bakersfield. Lead counsel for groundwater bank in challenge to an EIR for the city’s Kern River Flow and Municipal Water Program, a program designed to appropriate additional surface waters in proceedings before the State Water Resources Control Board. Prevailed at trial.
• Foothill Conservancy v. East Bay Municipal Utility District. Defense against lawsuit brought under CEQA to set aside programmatic EIR for long-term water supply management program. Successfully negotiated settlement after trial.

Energy and Mining

• Solano 4 Wind Project, Solano County. Advised regional utility district on CEQA and California Government and Public Utilities Code compliance for 92-megawatt repowering project located on 5,900 acres within the Collinsville-Montezuma Hills Wind Resource Area.
• Pipeline Replacement Project, Santa Barbara, San Luis Obispo, and Kern Counties. Advised clients on all aspects of permitting of 123-mile oil pipeline, including CEQA and NEPA review, state and federal endangered species and clean water act compliance, and tribal and historical resources.
• San Francisco Bay Sand Mining, San Francisco, Solano, and Contra Costa Counties. Counseled clients on permits and entitlements for mining construction-grade sand from San Francisco and Suisun Bays. Advised on completion of EIR and helped secure approvals from wildlife and regulatory agencies, including California Department of Fish & Wildlife, National Marine Fisheries Service, and the Bay Conservation & Development Commission.
• Santa Maria Oil Drilling & Production Plan, Santa Barbara County. Represented energy company on EIR for expansion and development of oil wellfield and construction of pipeline for importation of recycled water for oil production activities. The EIR addressed significant issues, including climate change and air quality, endangered species, public safety and emergency response, and water quality.
• Utility-Scale Solar Power Plants, California and Nevada. Advised developer on regulatory strategies under NEPA and CEQA for development of thermal-solar power plants in California and Nevada with planned output of 750 megawatts.
• El Dorado/Ivanpah Transmission Project, San Bernardino County. Represented two utility-scale solar developers in supporting CEQA compliance for new substation and transmission line upgrades approved by the California Public Utilities Commission.

Real Estate Developments

• Green Valley Apartments II and III, City of Fairfield. Advised California developer on all permits, entitlements, and CEQA review for two multi-unit residential apartment complexes.
• Point Molate Mixed-Use Development Project, City of Richmond. Lead land use counsel for city on redevelopment of Navy’s former Point Molate Fuel Depot, including review and negotiation of all entitlements (development agreement, zoning and general plan amendments, subdivision map, and design review) and CEQA compliance for 276-acre mixed-use development project involving residential, commercial, civic, parks and open space, and transportation uses.
• Concord Naval Weapons Station, Contra Costa County. Advised regional park district on transfer and reuse of 2,600 acres of the former naval base, including remediation and land use controls, NEPA and CEQA compliance, and permitting and consultations under the Clean Water Act, Endangered Species Act, and cultural resources laws.
• Santa Clara Square, City of Santa Clara. Advised city on CEQA compliance for 334-acre planned community development project. This infill, mixed-use residential development comprises 1,800 apartment units, 40,000 square feet of retail, 4,500 square feet of office, and 38,000 square feet of amenities.
• Fairfield Station Specific Plan, City of Fairfield. Represent landowner on mixed-use project. Successfully negotiated a plan for developing and preserving vernal pool habitat for Contra Costa goldfields and California tiger salamander.
• Sanctuary Master Development Plan, City of Stockton. Represented private development company on permits and entitlements for a 2,000-acre mixed-use project. Advised the client on all aspects of CEQA and ESA compliance and helped evaluate and prepare the EIR and Water Supply Assessment.
• Marina Center Mixed Use Project, City of Eureka. Represented landowner and developer on 43-acre brownfield mixed-use redevelopment project on permitting and entitlement issues, including certification of the project’s EIR. The EIR addressed significant issues, including climate change, coastal wetlands, site remediation, cultural resources, traffic, and wastewater.
• East Cypress Corridor Specific Plan, City of Oakley. Represented landowner and homebuilders on a 1,255-acre master-planned community and led efforts to conduct NEPA and CEQA review and obtain all federal, state, and local permits associated with surface waters and wetlands, water quality, water supply, and threatened and endangered species.

Water Rights, Water Supply, and Infrastructure

• San Gabriel River Watershed Project, Los Angeles County. Advised major regional sanitation agency on CEQA, public trust, fish and wildlife resources (Fish & Game Code § 1602), and related water rights aspects of petition to State Water Resources Control Board to reduce surface water discharges of treated wastewater from five reclamation plants in the San Gabriel River Watershed and support reuse of wastewater for municipal purposes.
• Vista Grande Drainage Basin Improvement Project, San Francisco and San Mateo Counties. Representing local agency on joint EIR/EIS being prepared under CEQA and NEPA for a multimillion-dollar stormwater management project, including replacement of existing infrastructure, installation of constructed wetlands, and management of water levels within drainage basin. Advising client on regulatory and permitting requirements for special use permits and federal and state approvals associated with surface waters and wetlands, endangered species and habitats, coastal development, and sovereign lands.
• Kern Water Bank Conservation & Storage Project, Kern County. Represented regional water bank on the Kern River in preparing EIR to support water rights proceeding before the State Water Resources Control Board.
• Camanche Permit Extension, Amador and Calaveras Counties. Advised water and utility district on CEQA compliance for extension of permit to divert and store up to 125 million gallons per day (140,000 acre-feet per year) of surface water for municipal purposes.
• Cadiz Valley Water Conservation, Recovery, and Storage Project, County of San Bernardino. Advised county on evaluation and approval of 50-year groundwater management plan for pumping project in Mojave Desert proposed to recover 50,000 acre-feet of native groundwater annually.

Insights & Presentations

• “BPC Briefing: 2024 CEQA and Regulatory Update,” Bay Planning Coalition's 12th Annual CEQA Update, November 19, 2024
• “CEQA Update: What the Courts/Legislature Did to Us This Year,” County Counsels’ Association of California Fall 2023 Land Use Study Section Meeting, November 30, 2023
• “California's Offshore Wind Energy Potential” (moderator), Bay Planning Coalition’s 2023 Energy & Water Nexus Workshop, September 15, 2023
• “Navigating California’s Unique Legal, Permitting, and Environmental Risks for Offshore Wind,” Joint Webinar Presentation, August 5, 2022
• “Annual CEQA Update Featuring Senator Nancy Skinner,” Bay Planning Coalition CEQA Update 2021, December 3, 2021
• “The California Supreme Court Decides ‘Protecting Our Water and Environmental Resources v. County of Stanislaus,’ Finding Groundwater Well Permits are Discretionary, Now and Then,” California Water Law & Policy Reporter, October 2020
• “Streamlining the Federal Environmental Review Process: The Pros and Cons of FAST-41,” Natural Resources & Environment, July 27, 2020
• “Fifth Appellate District Holds Kern County Oil and Gas Activity Ordinance Invalid,” California Water Law & Policy Reporter, April 2020
• “Public Trust Doctrine: Exploring the Boundaries of an Ancient Doctrine in an Era of Environmental Regulation,” 28th Annual Environmental Law Conference at Yosemite^®, October 20, 2019
• “County Administration of Groundwater Under CEQA, the Public Trust Doctrine and SGMA – ELF v. SWRCB and POWER v. Stanislaus County,” County Counsels’ Association of California Spring 2019 Land Use Conference, May 2–3, 2019
• “California’s Public Trust Doctrine Draws Attention in the Courts,” Legal Notes, Western City, February 1, 2019
• “The Future of the Public Trust Doctrine in California,” Participant, Round Table Discussion, NACWA/CASA California Legal Forum & Luncheon, November 15, 2018
• “BPC Workshop: CEQA Update and Federal Regulatory Developments 2018,” Bay Planning Coalition's 6^th Annual CEQA Update, October 25, 2018
• “Appellate Ruling Extends Public Trust Doctrine to Groundwater,” The Daily Transcript, September 24, 2018
• “CEQA Mid-Year Update: Case Law & November 2017 Proposed Guidelines,” County Counsels' Association of California Spring 2018 Land Use Conference, May 4, 2018
• “CEQA EIR Biological Resources Sections Dissected,” Association of Environmental Professionals (AEP) 2017 State Conference, May 19, 2017
• “Public Trust Implementation on Water Rights: Mono Lake and Beyond,” ACWA 2017 Spring Conference, May 9–12, 2017
• “The Public Trust Doctrine: Evolving Role in Land Use and Environmental Decision Making,” County Counsels’ Association of California Spring 2017 Land Use Conference, May 5, 2017
• “Hydrology and the Law,” Law Seminars International, September 15, 2016
• “Ground Water Sustainability, Cadiz Update, Recycled Water, and Basin Adjudication Issues,” County Counsels’ Association of California, Land Use Spring 2016 Study Section Conference, May 6, 2016
• “Land Use and CEQA Litigation Update,” League of California Cities City Attorneys’ Spring Conference, May 4–6, 2016
• “Does the Public Trust Doctrine Apply to Groundwater?” American Ground Water Trust, Annual California Groundwater Law Conference, April 26, 2016
• “Recent Developments in the Regulation of Streams and Surrounding Resources,” CalCIMA 2015 Education Conference, November 15–18, 2015
• “CEQA Litigation Update, Hot Topics and Trends,” ACWA Annual CLE Workshop, September 10–11, 2015
• “CEQA and Land Use Litigation Update,” League of California Cities, 2015 City Attorneys’ Spring Conference, May 6, 2015
• “Ground Water Issues In a Drought Era,” California State Association of Counties Land Use Study Section Conference, May 1, 2015
• “California’s Wetland Area Protection Policy, An Update on the State's Permitting Regime,” California Land Use Law & Policy Second Annual Conference, March 9–10, 2015

• Named by Best Lawyers^® as Natural Resources Law “Lawyer of the Year,” San Francisco, 2022 and 2024
• Included in The Best Lawyers in America^® (Natural Resources Law, Water Law, Environmental Law, Land Use and Zoning Law, Land Use and Zoning Litigation), 2020–present
• Listed in Northern California Super Lawyers^® (Energy & Resources), 2019–present
• Bay Planning Coalition’s Outstanding Member Award, 2022
• Listed among Rising Stars (Environmental Litigation) Northern California Super Lawyers ^®, 2009–2010

Professional

• San Francisco Bay Planning Coalition, Board of Directors
• California Construction and Industrial Materials Association
• California Building Industry Association
• Power Association of Northern California
• California Lawyers Association, Environmental Law Section; Executive Committee, 2016–2019
• American Bar Association, Section on Environment, Energy & Resources, 2000–present
• Bar Association of San Francisco, Environmental Law Section; Executive Committee, 2010–2015
• American Bar Association, Endangered Species Committee, Former Chair and Vice-Chair, 2005–2010