Ben Rubin assists clients on a variety of land use and eminent domain related issues, including matters dealing with the Federal and State Endangered Species Act, the California Environmental Quality Act, local zoning variances, right-to-take challenges, valuation of property interests, and the Telecommunications Act of 1996.
Before joining Nossaman, Mr. Rubin was a law clerk to the Honorable Andrew J. Guilford, United States District Judge. He also served as an intern for the Honorable Patrick J. Walsh, United States Magistrate Judge.
Mr. Rubin regularly comments on news, events, and policies affecting endangered species issues in California and throughout the United States on the Firm's Endangered Species Law & Policy blog.
Representative Work
Coalition for a Sustainable Delta v. Koch, E.D. Cal. Case No. 08-397. Represents plaintiffs in a case challenging the enforcement of sport-fishing regulations by the Director of the California Department of Fish and Game (DFG) on the grounds that enforcement of those regulations violates section 9 of the federal Endangered Species Act. Litigation resulted in a settlement with the State Defendant requiring DFG to develop a regulatory proposal with the Fish and Wildlife Service and National Marine Fisheries Service to amend the sport-fishing regulations. The settlement includes establishment of a $1 million fund for research on the effects of predation on listed species in the Delta.
Coalition for a Sustainable Delta v. Federal Emergency Management Agency, E.D. Cal. Case No. 09-2024. Represents plaintiffs Coalition for a Sustainable Delta and Kern County Water Agency in a case challenging the Federal Emergency Management Agency's administration of the National Flood Insurance Program on the grounds that the Agency failed to consult under section 7 of the federal Endangered Species Act regarding the effects its administration may have on protected species that reside in or migrate through the Sacramento-San Joaquin Delta.
Winchester 700 LLC v. Western Riverside County Regional Conservation Authority. Part of a team that represented the owner of a 454-acre property in Riverside County that the Regional Conservation Authority ("RCA") deemed necessary for conservation as part of its Multiple Species Habitat Conservation Plan. As a result of this determination, the RCA effectively froze Winchester's development entitlements, but never made a specific offer to purchase. Under threat of an inverse condemnation action, RCA agreed to arbitrate the matter. In the arbitration the RCA presented appraisal testimony of a value below $30 million. After the completion of the arbitration, but before the award was issued, the parties reached a settlement by which the RCA paid more than $70 million.
Building Industry Association of the San Joaquin Valley v. City of Fresno. Challenged City of Fresno's invalid adoption of a fire sprinkler ordinance. Judgment in favor of client, and affirmed on appeal.
Sprint PCS. Represent client in various types of litigation, including lease disputes, eminent domain matters, and federal and state litigation arising under the federal Telecommunications Act. Also provide advice during permit approval process.
T-Mobile USA. Represent client in various types of litigation, including lease disputes, eminent domain matters, and federal and state litigation arising under the federal Telecommunications Act and California Coastal Act. Also provide advice during permit approval process.