Paul S. Weiland - Partner

Paul Weiland is the Chair of Nossaman's Land Use and Natural Resources Practice Group. He focuses on litigation, permitting, and compliance counseling. Mr. Weiland's clients include public agencies, private developers, large landowners, and trade associations. He counsels clients regarding land use, endangered species, wetlands, water quality, air quality, climate change, green building, transportation, and hazardous substances issues.

In addition, Mr. Weiland litigates environmental and natural resources matters both at the trial court and appellate court level. His experience includes litigation involving the Administrative Procedure Act, Clean Air Act, Clean Water Act, Comprehensive Environmental Response, Compensation, and Liability Act, Endangered Species Act, Federal Land Policy and Management Act, National Environmental Policy Act, National Forest Management Act, Resource Conservation and Recovery Act, and Wilderness Act.

Prior to joining Nossaman, Mr. Weiland worked in the Law and Policy Section, Environmental and Natural Resources Division of the U.S. Department of Justice. There, he was lead counsel for the United States in a number of high profile trial and appellate cases. He assisted federal agencies in the formulation of policies and rules and has drafted comments on proposed legislation regarding the Endangered Species Act, federalism and preemption, the National Environmental Policy Act, regulatory reform, small business, defense, and transportation.

Representative Work

Litigation

Central Delta Water Agency v. U.S. Fish & Wildlife Service, 2009 U.S. Dist. LEXIS 81249 (E.D. Cal. Sept. 8, 2009) Successfully represented Kern County Water Agency as a defendant in this challenge by various parties to the development of the Bay Delta Conservation Plan prior to the release of a draft Plan under the California Environmental Quality Act and National Environmental Policy Act.

U.S. v. Atlantic Research, 127 S.Ct. 2331 (2007) Successfully represented numerous public water agencies and private water purveyors including the Association of California Water Agencies as amicus curiae in a case involving the ability of parties to recover cleanup costs under section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act.

National Wildlife Federation v. National Marine Fisheries Service, 481 F.3d 1224 (9th Cir. 2007) Counsel to Amicus Curiae National Association of Homebuilders in challenge to Biological Opinion for management of federal Columbia River system of dams and reservoirs.

Spirit of the Sage Council v. Norton, 511 F. Supp. 2d 31 (D.D.C. 2007) Successfully represented a number of public and private sector Intervenor-Defendants that intervened to defend the No Surprises Rule and Permit Revocation Rule promulgated by Fish and Wildlife Service to implement the habitat conservation planning provisions of the Endangered Species Act.

Agua Caliente Band of Cahuilla Indians v. Norton, C.D. Cal. Case No. 05-187 Successfully represented Plaintiff, Agua Caliente, in challenge to designation of critical habitat for Peninsular bighorn sheep by U.S. Fish and Wildlife Service resulting in a consent decree vacating the challenged designation, setting a timetable for the Fish and Wildlife Service to promulgate a new designation, and awarding the costs of litigation including attorneys' fees to the Tribe.

Compliance Counseling and Permitting

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.

LightSource Renewables. Assist client with endangered species and wetland permitting issues associated with development of a photovoltaic solar energy project in San Bernardino County, California.

Wind Energy Partnership. Assist client with environmental permitting for a wind energy project in Riverside County, California on over 2,000 acres of land within the Plan Area for the Coachella Valley Multiple Species Habitat Conservation Plan.

Olivenhain Municipal Water District. Counsel client regarding dispute with regional water supplier regarding potential water transfers. Participate in regulatory proceedings and development of legal strategy. Engage in mediation with other parties resulting in a $13.5 million settlement for client.

City and County of San Francisco. Act as special endangered species counsel to client. Advise client regarding interactions with federal regulatory agencies and approach to securing compliance with applicable provisions of the Endangered Species Act for infrastructure development projects.

Agua Caliente Band of Cahuilla Indians. Counsel Tribe regarding the development and approval of the first-in-the-nation Tribal Habitat Conservation Plan, which covers 24 listed and unlisted species and extends to over 30,000 acres of tribal lands.

Professional Affiliations

Awards & Honors

Named a Southern California "Super Lawyer" for Environmental Litigation in 2010 by Los Angeles magazine.

Named a Southern California "Rising Star" in 2008 and 2009 by Los Angeles magazine.

Awarded Attorney General's Distinguished Service Award in 2005 by U.S. Attorney General John Ashcroft.

Presentations

Program Co-Chair and Speaker, "Consultation," CLE International's 3rd Annual Endangered Species Act Conference, May 18, 2009.

Speaker, "Climate Change Part I: Emerging Legal Issues," CLE International's 5th Annual NEPA Conference: Climate Change, Cumulative Impacts and Compliance, March 5, 2009 and February 23, 2009.

Speaker, "Coachella Valley MSHCP and Other Land Use Regulations Affecting Development in the Desert," Nossaman Land Use/Environmental Seminar, December 3, 2008.

Speaker, "Delta in Crisis," CLE International's 7th Annual California Water Law Conference, November 20, 2008.

Speaker, "The Pervasive Importance of Water Supply and Quality," Law Seminars international's Land Use and Climate Change Conference, June 17, 2008.

Program Co-Chair and Speaker, "Recent Developments in ESA and CESA," and "Water Wars," CLE International's 2nd Annual Endangered Species Act Conference, June 2, 2008.

Speaker, "NEPA Case Law Update," CLE International's 4th Annual NEPA SuperConference, March 17, 2008.

Speaker, "Climate Change and Endangered Species Act Compliance," Nossaman Land Use/Environmental Seminar, September 20, 2007.

Program Co-Chair and Speaker, "The Supreme Court's Defenders of Wildlife Decision" and "ESA and CEQA Developments," CLE International's Endangered Species Act Conference, June 25, 2007.

Speaker, "Climate Change and the Practice of Environmental Law," Harvard Law School Worldwide Alumni Congress, June 15, 2007.

Speaker, "Climate Change Litigation," LANDS Climate Change Mini-Conference, June 8, 2007.

Speaker, "The Endangered Species Act and Regional Habitat Conservation Plans: New Developments," Nossaman Land Use Seminar, March 6, 2007.

Speaker, "Early Lessons Learned from Implementation of the Western Riverside Multiple Species Habitat Conservation Plan," Northern California Conservation Planning Partnership, December 2006.

Speaker, "Proposition 90: Implications for Land Use and Environmental Law," Chapman University School of Law Symposium, October 2006.

Speaker, "The Endangered Species Act and Property Rights – Will We See Peace in Our Time?" American Bar Association Section of Environmental, Energy and Resources Fall Meeting, October 2006.

Speaker, "Coachella Valley MSHCP: How It Could Affect You And Your Development Plans," Building Industry Association Desert Chapter seminar, April 2006.

Speaker, "Regulation of Activities Affecting Endangered Species, Wetlands, and Water Quality," Lorman Education Services Advances Zoning and Land Use in California seminar, March 2006.

Speaker, "Hot Topics In Land Use," Building Industry Association of the San Joaquin Valley seminar, March 2006.

Speaker, "Advanced Zoning and Land Use: Endangered Species, Wetlands and Water Quality," Lorman Education Services Advanced Zoning and Land Use Seminar, November 2005.

Speaker, "Advanced Zoning and Land Use: Endangered Species, Wetlands and Water Quality," Lorman Education Services Advanced Zoning and Land Use Seminar, June, 2005.

Speaker, "Reforming EPA's Organizational Structure: Establishing an Adaptable Agency," American Society for Public Administration Annual Meeting, March, 2001.

Speaker, "Regulatory Reform in the 104th Congress: Revolution or Evolution?" American Political Science Association Annual Meeting, August, 1996.

Speaker, "Intergovernmental Environmental Regulations and Local Government," American Society for Public Administration Annual Meeting, June, 1996.

Speaker, "Federal Environmental Mandates: Implications for Regulation and Administration," American Political Science Association Annual Meeting, August, 1995.

Speaker, "Problems with the Implementation of Ecosystem Management," Western Political Science Association Annual Conference, March, 1995.

Speaker, "Designing a Sustainable Bureaucracy: Making the EPA Adaptable," Western Governmental Research Association Annual Conference, May, 1993. Winner of the Samuel P. May Award for Outstanding Graduate Student Paper.

Speaker, "Designing a Sustainable Bureaucracy: Making the EPA Adaptable," Western Political Science Association Annual Conference, March, 1992.

Publications

Co-Author (with Robert D. Thornton and Sue Meyer), "Amphibious and Ambiguous," Daily Journal, September 10, 2009.

Author, "Government Accountability Office Releases Report Regarding Section 7 Consultation and Monitoring," American Bar Association Endangered Species Committee Newsletter, June 2009.

Author, "District Court Upholds No Surprises and Permit Revocation Rules," American Bar Association Endangered Species Committee Newsletter, September 2007.

Co-Author (with Sue Meyer), "District Court Holds that the Service must Address Global Climate Change," American Bar Association Endangered Species Committee Newsletter, September 2007.

Author, "The View - Ruling Puts Contamination Law Back on Track," California Real Estate Journal, August 20, 2007.

Co-Author, "The Ninth Circuit Fills Two Gaps in ESA and Critical Habitat Jurisprudence," American Bar Association Endangered Species Committee Newsletter, June 2007.

Author, "Business and Environmental Policy in the Federal Courts," Business and Environmental Policy: Corporate Interests in the American Political System, The MIT Press, March 2007.

Co-Author (with Sue Meyer), "Species Conservation on Tribal Lands," Natural Resources & Environment, Winter 2007.

Co-Author (with Robert D. Thornton), "Court Decision Aids Developers and Builders Who Come Into Contact with Endangered Species," California Real Estate Journal, March 20, 2006.

Author, "The fallout from Cooper v. Aviall: When can a PRP recover?" 37(3) Trends 10, January/February 2006.

Author, "California Supreme Court Affirms Floor Not Ceiling Model of Clean Water Act," American Bar Association Water Quality and Wetlands Committee Newsletter, August 2005.

Author, "Standing in the Government's Shoes – When Can an Intervenor Appeal a District Court Decision Invalidating a Federal Agency Action?" Environmental Law Reporter, June 2005.

Co-Author (with Robert O. Vos), "Reforming EPA's Organizational Structure: Establishing an Adaptable Agency," 42(1) Natural Resources Journal 91, 2002.

Co-Author (with Charles Eccleston), "Why the President Should Use NEPA to the Fullest Extent," 3(4) Environmental Practice 206, 2001.

Author, "Preemption of Environmental Law: Is the Supreme Court Heading the Wrong Direction?" 30(7) Environmental Law Reporter 10,579, 2000.

Author, "Federal and State Preemption of Environmental Law: A Critical Analysis," 24(1) Harvard Environmental Law Review 237, 2000.

Author, "Book Review Essay: Environment in Context," 18(1) UCLA Journal of Environmental Law & Policy 131, 1999/2000.

Co-Author (with Rosemary O'Leary, Robert F. Durant and Daniel J. Fiorino), Managing for the Environment: Understanding the Legal, Organizational, and Policy Challenges, Jossey-Bass, 1999. Winner of the 1999 Best Book Award from the Section on Environment and Natural Resources Administration of the American Society of Public Administration. Winner of the 2000 Best Book Award from the Public and Nonprofit Division of the Academy of Management.

Author, "Preemption of Local Efforts to Protect the Environment: Implications for Local Government Officials," 18(4) Virginia Environmental Law Journal 467, 1999.

Author, "Environmental Regulations and Local Government Institutional Capacity," 22(2) Public Administration Quarterly 176, 1998.

Author, "CERCLA Cleanup at Federal Facilities: The Misunderstood Relationship Between Sections 104, 113(h), and 120," 28(6) Environmental Law Reporter 10,311, 1998.

Author, "Unfunded Environmental Mandates: Causes, Burdens, and Benefits," 22(1) Harvard Environmental Law Review 283, 1998.

Co-Author (with Rosemary O'Leary), "Federalism and Environmental Policy: The Case of Solid Waste Management," 27(3) American Review of Public Administration 211, 1997.

Author, "Amending the National Environmental Policy Act: Federal Environmental Protection in the 21st Century," 12(2) Journal of Land Use and Environmental Law 275, 1997.

Co-Author (with Carole J. Cimitile, Victoria S. Kennedy, W. Henry Lambright and Rosemary O'Leary), "Balancing Risk and Finance: Local Government Challenges In Implementing Environmental Mandates," 57(1) Public Administration Review 63, 1997.

Co-Author (with Rosemary O'Leary), Chapter on "The Balancing Act of Judicial Review: Ensuring Enough Deference to Administrators and Enough Accountability," Handbook of Public Law and Public Administration, Jossey-Bass, 1997.

Co-Author (with Lynton K. Caldwell and Rosemary O'Leary), Chapter on "The Evolution, Operation and Future of Environmental Policy in the United States," Environmental Law and Policy in the United States and the European Union, Greenwood Publishing Group, 1997.

Co-Author (with Rosemary O'Leary), Chapter on "Environmental Policy," The International Encyclopedia of Public Policy and Administration, Jay M. Shafritz, ed., Henry Holt and Co., 1997.

Co-Author (with Rosemary O'Leary), "Regulatory Reform in the 104th Congress: Revolution or Evolution?" 26(3) Publius: The Journal of Federalism 27, 1996.

Co-Author (with Rosemary O'Leary), Chapter on "The Interstate Transport of Solid Waste: Intergovernmental Tensions and the Conflicts Between Law and Policy," Globalization and Decentralization: Institutional Contexts, Policy Issues, and Intergovernmental Relations in Japan and The United States, Georgetown University Press, 1996.

Author, "Book Review," 9(3) Natural Resources and Environment 60, 1995.

Co-Author (with Daniel Imber), "Congress, the Courts and the Interstate Transport of Solid Waste," 4(1) Dickinson Journal of Environmental Law and Policy 79, 1994.

Education

J.D., Harvard Law School, 1999
Heyman Fellowship

Ph.D., Indiana University, 1996
Center for Urban Policy and Environmental Dissertation Fellowship, School of Public and Environmental Affairs Doctoral Fellowship

B.A., University of Southern California, 1992
magna cum laude, Phi Beta Kappa National Honor Society, All-USA College Academic Team

Admitted