Ben Rubin assists developers, public agencies, landowners, and corporate clients on a variety of complex land use and eminent domain related matters, including matters dealing with the Federal and State Endangered Species Act, the Federal Telecommunications Act of 1996, the National Environmental Policy Act, the National Historic Preservation Act, the Federal Toxic Substances Control Act, the California Hazardous Waste Control Act, the California Environmental Quality Act, the California Coastal Act, the California Permit Streamlining Act, and the Federal and State Constitutions. These matters generally involve federal and state permitting issues, local zoning issues and variances, environmental planning and compliance, right-to-take challenges, valuation of property interests, orders for prejudgment possession, and loss of business goodwill. Mr. Rubin also has experience assisting property owners and businesses with lease disputes and breach of contract claims.
Prior to joining Nossaman in 2007, 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. Mr. Rubin also frequently comments on court decisions, news, and events impacting eminent domain on the Firm's California Eminent Domain Report blog.
Coalition for a Sustainable Delta v. Federal Emergency Management Agency, 812 F. Supp. 2d 1089 (E.D. Cal. 2011). Successfully represented plaintiffs Coalition for a Sustainable Delta and Kern County Water Agency in challenge to the Federal Emergency Management Agency's administration of the National Flood Insurance Program in the Sacramento-San Joaquin Delta. Plaintiffs alleged that the Agency failed to comply with the consultation requirements under the Federal Endangered Species Act. The litigation resulted in a settlement obligating the Agency to consult and pay attorney's fees.
Coalition for a Sustainable Delta v. Koch, Case No. 08-397, 2011 U.S. Dist. LEXIS 37306 (E.D. Cal. 2011). Successfully represented plaintiffs in challenge over the State of California's enforcement of sport-fishing regulations. Plaintiffs alleged that enforcement of the regulations violated section 9 of the Federal Endangered Species Act, which generally prohibits "take" of federal protected species. The litigation resulted in a settlement with the State requiring the California Department of Fish and Game to develop a regulatory proposal, with input from the Federal Fish and Wildlife Service and National Marine Fisheries Service, to amend the sport-fishing regulations. The settlement included the establishment of a $1 million fund for research on the effects of predation on listed species in the Sacramento-San Joaquin Delta.
Imperial Irrigation District. Counsel client regarding federal Toxic Substances Control Act and California Hazardous Waste Control Act compliance. Represent client in discussions with EPA regarding storage and disposal of equipment containing PCBs.
HonoluluTraffic.com v. Federal Transit Administration, 2012 U.S. Dist. LEXIS 157937 (D. Haw. Nov. 1, 2012), aff'd 742 F.3d 1222 (9th Cir. 2014). Part of litigation team that successfully represented the City of Honolulu in the defense of a $5 billion, 20-mile, rail transit project. The case included claims under the National Environmental Policy Act, National Historic Preservation Act, and section 4(f) of the Department of Transportation Act.
Building Industry Association of the San Joaquin Valley v. City of Fresno, Case No. F052538, 2008 Cal. App. Unpub. LEXIS 6806 (Cal. Ct. App. 2008). Successfully represented plaintiff Building Industry Association in an action challenging the City of Fresno's adoption of a fire sprinkler ordinance. Judgment in favor of client, and affirmed on appeal.
Sprint Spectrum L.P., et al. v. County of San Mateo et al., Case Nos. C 08-0342, C 11-0056, 2013 U.S. Dist. LEXIS 171810 (Dec. 4, 2013). Successfully represented plaintiff in challenge to County's denial of use permit renewal for wireless telecommunications facility. The federal court litigation resulted in a judgment in favor of the client.
T-Mobile West Corporation v. City of Huntington Beach, Case No. 09-3777. Successfully represented plaintiff in challenge to City's suspension of building permits for wireless telecommunications facility. The federal court litigation resulted in a judgment in favor of the client.
Omnipoint Communications, Inc. v. City of San Bernardino, Case No. 08-01881. Successfully represented plaintiff in challenge regarding installation of wireless telecommunications facility. Litigation resulted in settlement with City issuing all necessary permits for client's project.
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. 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.
OCTA v. M&H Realty Partners. Part of a team that represented the OCTA in an eminent domain and inverse condemnation action relating to the Placentia Avenue Grade Separation Project. All owner and tenant claims were resolved shortly before trial for approximately 3% of the claimed damages.
San Bernardino Associated Governments ("SANBAG"). Part of a team that represented SANBAG with right-of-way acquisition/eminent domain services for sbX E-Street Corridor Bus Rapid Transit Project.
Wind Energy Partnership. Assisted client with permitting and litigation regarding a wind energy project in Riverside County, California.
American Tower Corporation. Assisted client with permitting and environmental considerations related to the construction and operation of a distributed antenna system in multiple jurisdictions.
Capital Southwest Corporation. Assisted client with issues arising out of the sale and lease of real property.
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 and representation during permit approval process.
T-Mobile USA. Represent client in various types of litigation, including lease disputes and eminent domain matters. Also provide advice and representation during permit approval process.