Paul Weiland is the Chair of Nossaman's Environment and Land Use 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.
Mr. Weiland 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.
Wild Equity Institute v. City and County of San Francisco, 2012 U.S. Dist. LEXIS 173964 (N.D. Cal. 2012). Successfully represented defendant City and County of San Francisco in an action alleging violation of section 9 of the Endangered Species Act. Obtained grant of motion to dismiss action as moot as well as denial of motions for preliminary relief and summary judgment.
Coalition for a Sustainable Delta v. Federal Emergency Management Agency, E.D. Cal. Case No. 09-2024. Successfully represented plaintiffs Coalition for a Sustainable Delta and Kern County Water Agency in action challenging the Federal Emergency Management Agency for failure to consult under the Endangered Species Act regarding the effects of the National Flood Insurance Program on listed species in the Sacramento-San Joaquin Delta. Obtained settlement requiring FEMA to consult and pay attorney's fees.
Consolidated Delta Smelt Cases, 717 F. Supp. 2d 1021 (E.D. Cal., 2010). Successfully represented 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. Obtained injunctive relief and favorable final judgment currently on appeal to the United States Court of Appeals for the Ninth Circuit.
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.
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.
CSOLAR. Assist client with endangered species and wetland permitting issues associated with development of a photovoltaic solar energy projects in Imperial County, California.
Kern County Water Agency. Counsel client regarding the development and review of the Bay Delta Conservation Plan (BDCP), one of the largest, most complicated habitat conservation plans ever undertaken under the federal Endangered Species Act (ESA) and California Natural Community Conservation Planning Act (NCCPA). Participate in development of the Plan and associated Implementing Agreement as well as the Environmental Impact Report and Environmental Impact Statement required by the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA), respectively.
Imperial Irrigation District. Counsel client regarding federal Toxic Substances Control Act (TSCA) and California Hazardous Waste Control Act (HWCA) compliance. Represent client in discussions with EPA regarding storage and disposal of equipment containing PCBs.
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.