Nossaman LLP

Ashley J. Remillard

Associate

T 949.477.7635
F 949.833.7878
18101 Von Karman Avenue, Suite 1800
Irvine, CA 92612

Ashley Remillard advises clients on the National Environmental Policy Act and the Endangered Species Act with respect to significant contributors to ecosystem decline in the Sacramento-San Joaquin Delta.  Ms. Remillard also works on issues pertaining to the development of habitat conservation plans under the ESA, including the development of the Bay Delta Conservation Plan and the related NEPA analysis.

Ms. Remillard's environmental experience is complemented by her experience in public agency and public contract law, construction and procurement law, and innovative project delivery methods.  Prior to joining Nossaman's Environment & Land Use Practice Group, she was a member of the firm's Infrastructure Practice Group.  As a member of that group, she has been the primary associate on large-scale public procurements requiring client contact, day-to-day project management, and coordination of document production.  Her responsibilities included drafting procurement and contract documents for design-build and public-private partnership projects.  She was also a member of the team working for the Los Angeles County Metropolitan Transportation Authority on possible use of public-private partnerships for development of transit projects.

Representative Work

Litigation

  • Consolidated Delta Smelt Cases, 717 F. Supp. 2d 1021 (E.D. Cal., 2010).  Represent plaintiffs Coalition for a Sustainable Delta and Kern County Water Agency in consolidated actions challenging the U.S. Fish and Wildlife Service's 2008 biological opinion for continued operations of the State Water Project and Central Valley Project on the grounds that the Service violated the Administrative Procedure Act and Endangered Species Act when it issued that opinion.  The challenge resulted in a memorandum decision granting, in part, summary judgment in favor of plaintiffs on numerous grounds, and the court remanded the biological opinion and issued a stipulated order governing Project operations through June 2011.
  • Consolidated Salmonid Cases, E.D. Cal. Case No. 09-1053.  Represent plaintiffs Kern County Water Agency and Coalition for a Sustainable Delta in consolidated actions challenging the National Marine Fisheries Service's biological opinion for continued operations of the State Water Project and Central Valley Project on the grounds that the Service violated the Administrative Procedure Act and Endangered Species Act when it issued that opinion.  A decision on cross motions for summary judgment is pending in the matter.
  • Oceana, Inc. v. Bryson, N.D. Cal. Case No. 11-6257.  Assist in successfully representing clients in court regarding fisheries management issues under the Magnuson-Stevens Fishery Conservation and Management Act. 

Compliance Counseling and Permitting

  • California High Speed Rail Authority.  Member of team advising the California High Speed Rail Authority regarding environmental permitting and mitigation planning for $68 billion transit project..  Responsibilities include developing and drafting environmental compliance strategy to include in procurement documents. 
  • Coalition for a Sustainable Delta.  Collaborate with client team to develop a strategy to address significant contributors to ecosystem decline in the Sacramento-San Joaquin Delta.  Assist client with implementation of strategy including through participation in regulation and legal proceedings.
  • Orange County Transportation Corridor Agencies.  Provide environmental compliance and strategy recommendations for the Tesoro Extension / Southern Orange County Transportation Improvement Project.  Counsel on key issues, including endangered species, transportation planning, wetlands, water quality, and coastal zone issues. 
  • The City of Ventura. Assist the City of Ventura in obtaining environmental regulatory permits needed for, and assuring compliance of environmental regulations applicable to, discharges of tertiary treated wastewater to the Santa Clara River Estuary.  Specific tasks for the City include advice, counsel and representation regarding revisions to and renewal of the City's NPDES Permit under the federal Clean Water Act and state Porter Cologne Water Quality Control Act.

Infrastructure Work

  • Florida Department of Transportation – I-595 Corridor Roadway Improvements. Served as an integral member of the legal team on the procurement for redevelopment of a 10.5-mile section of the I-595 corridor in the Ft. Lauderdale area. The 35-year, design, build, finance, operate, and maintain concession was awarded on a best-value basis to a team led by ACS Infrastructure Development. This $1.8 billion project closed financing in March 2009 and is the first project in the U.S. transportation sector to use an availability payment compensation structure. Work included comprehensive legal and procurement assistance, drafting procurement documents, reviews for federal compliance and assistance with proposal evaluation. The American Road and Transportation Builders' Association named the project its 2009 Project of the Year and Project Finance named it 2009 North American Transport Deal of the Year.
  • Florida Department of Transportation – Port of Miami Tunnel. Key member of the team assisting with the procurement of a PPP for the development and operation of a bridge and tunnel project linking the I-395 with the Port of Miami facilities on Dodge Island with MacArthur Causeway and I-395 via a tunnel under Biscayne Bay. The Department selected a team led by Bouygues Travaux Publics as the preferred bidder for the $900 million concession agreement with a 35-year concession term. The project closed financing in October of 2009 and is the second PPP in the U.S. transportation sector to use availability payments as the compensation mechanism. Work included comprehensive legal assistance, including drafting contract documents and research regarding federal compliance.  The project was named the 2007 Project of the Year by the American Road and Transportation Builders Association, both the 2009 Global Deal of the Year and North American PPP Deal of the Year by Project Finance Magazine, as well as the 2009 Americas PPP Deal of the Year by Project Finance International.
  • Washington State Department of Transportation – Alaskan Way Viaduct. Member of the team responsible for drafting the design-build contract for the Alaskan Way Viaduct project. The project is a $4.2 billion waterfront-tunnel to replace the existing elevated section SR-99 and Seawall in downtown Seattle. Financing includes $2.4 billion in committed funding from state gas taxes, federal funding, $700m in toll financing and $300m from the Port of Seattle.
Bio Photo
Bio Photo

Practices

Education

J.D., University of Southern California School of Law, 2007

B.A., University of Southern California, 2004

Admissions

California

Professional Affiliations

Women's Transportation Seminar (WTS), Diversity and Recognitions Committee Chairperson, Los Angeles Chapter
     
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