Benjamin Z. Rubin

Ben Rubin is chair of Nossaman’s Environment & Land Use Group. Ben assists developers, public agencies, landowners and corporate clients on a variety of complex land use and environmental matters. He counsels clients on matters dealing with the Federal and State Endangered Species Act, 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, the California Public Records Act, the California Mitigation Fee Act, the California Ralph M. Brown Act, Federal and State privacy laws and the Federal and State Constitutions.

Prior to joining Nossaman in 2007, Ben 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.

Ben regularly comments on news, events and policies affecting endangered species issues in California and throughout the U.S. on the Firm’s Endangered Species Law & Policy blog. He also frequently comments on court decisions, news and events impacting eminent domain on the Firm’s Eminent Domain Report blog.

Beyond the Law

An Orange County native, Ben maintains an active lifestyle and a strong connection to the community where he grew up. Outside of his practice, he enjoys running and spending time with his wife, two children and their energetic bernedoodle. When relaxing at home, he is an avid follower of college football and basketball and enjoys keeping up with the season’s biggest games.

Experience

Hills Specific Plan Project. Provided environmental compliance counseling, including on CEQA document development and specific plan project approvals for project proposing up to 1,200 single family homes, internal circulation network, backbone water system and supporting infrastructure, parkland and hiking trails and a 260-acre nature reserve for the threatened California gnatcatcher.

Diversified Pacific Development Company. Provided environmental compliance counsling, including on CEQA document development and Subdivision Map Act approvals for 71-unit project in the City of Highland.

Back Bay Landing. Provided environmental compliance counseling, including on CEQA document development and Coastal Act compliance for residential and mixed-use project in Newport Beach, California.

Orange County Transportation Corridor Agencies. Provides environmental compliance counseling, including on CEQA and NEPA document development and California Coastal Act and Endangered Species Act compliance for large-scale infrastructure projects. Also acts as general counsel to the Agencies, providing compliance counseling related to the California Ralph M. Brown Act, California Mitigation Fee Act, California Public Records Act, tolling operations and Federal and State privacy laws.

San Diego Association of Governments (SANDAG). Provided environmental compliance counseling for transportation infrastructure projects, including advice related to the Endangered Species Act, CEQA and NEPA. Also provided compliance counseling related to tolling operations and Federal and State privacy laws.

Imperial Irrigation District. Counseled client regarding federal Toxic Substances Control Act and California Hazardous Waste Control Act compliance. Represented client in discussions with EPA.

LA Department of Water and Power. Provided Coastal Act compliance counseling related to utility replacement project.

San Luis Obispo Coastkeeper, et al. v. County of San Luis Obispo, 161 F.4th 590 (9th Cir. 2025). Defending the County of San Luis Obispo against various federal and state claims challenging the existence and operation of a dam and reservoir constructed in the 1960s. While plaintiffs initially sought and obtained a mandatory preliminary injunction, the U.S. Court of Appeals for the Ninth Circuit vacated the injunction and created new law with respect to when an injunction can be issued under the Endangered Species Act and California Fish & Game Code section 5937.

City of San Clemente, et al. v. Department of Transportation, 92 Cal.App.5th 1131 (June 29, 2023). Defended the Foothill/Eastern Transportation Corridor Agency’s environmental approvals, development impact fees and consulting agreements from various state law challenges brought by a homeowners association and the City of San Clemente. Trial court found and the Court of Appeal confirmed that the Agency was the prevailing party in the litigation.

Hernandez et al. v. Sonoma-Marin Area Rail Transit District, 2022 U.S. Dist. LEXIS 145661 (N.D. Cal. Aug. 12, 2022). Defended the Sonoma-Marin Area Rail Transit District’s construction and operation of a bike and pedestrian pathway on land adjacent to a railway it also operates. A group of 138 plaintiffs filed quiet title claims, Fifth Amendment takings claims, California Constitution inverse condemnation claims and claims for declaratory relief. After preliminary motion practice resulted in the dismissal of over 100+ of the plaintiffs, the parties resolved the remaining claims.  

Almond Alliance of California, et al. v. California Fish & Game Commission, et al., 79 Cal.App.5th 337 (May 31, 2022). Represented petitioners challenging the California Fish & Game Commission’s candidacy determination for four bumblebee species under the California Endangered Species Act. While the trial court found that the four bumble bee species could not be listed as “fish” under the Act, the California Court of Appeal reversed.

Coalition to Save San Clemente v. County of Orange, et al., 2019 Cal. Super. LEXIS 56589 (April 4, 2019). Defended the Foothill/Eastern Transportation Corridor Agency in litigation alleging that its approval of bridge safety project violated the due process clause and 42 U.S.C. section 1983. Judgment for client.

Capistrano Unified School Dist. v. County of Orange et al., 2019 Cal. App. Unpub. LEXIS 3179 (May 7, 2019). Defended the Foothill/Eastern Transportation Corridor Agency’s environmental approval for bridge safety project. Judgment for client in both the California Superior Court and the California Court of Appeal.

Citizens Against the 24th Street Widening Project v. City of Bakersfield, 2018 Cal. App. Unpub. LEXIS 4544 (July 2, 2018). Defended the City of Bakersfield’s recirculated environmental document for large-scale infrastructure project from various CEQA challenges. Judgment for client in both the California Superior Court and the California Court of Appeal.

Humane Society of the United States, et al. v. Paul M. Kienzle, et al., U.S. Dist. Court for the District of New Mexico Case No. 16-cv-0724. Defended the New Mexico Department of Game and Fish in litigation challenging the State of New Mexico’s cougar trapping regulations. Plaintiffs alleged that the regulations violated the “take” prohibition in section 9 of the Federal Endangered Species Act. Judgment for client.

New Mexico Department of Game and Fish v. Department of the Interior, 854 F.3d 1236 (10th Cir. 2017). Represented the New Mexico Department of Game and Fish in proceedings challenging release of captive Mexican wolves into an experimental population in New Mexico in violation of federal and state law. As a result of the litigation, the U.S. Fish & Wildlife Service entered into a memorandum of agreement with the Department regarding future releases, allowing the Department to dismiss the litigation.

Wild Equity Institute v. City and County of San Francisco, 2015 U.S. App. LEXIS 4854 (9th Cir. 2015). Defended City and County of San Francisco in an action alleging its operation of public property resulted in harm to a protected species in violation of Section 9 of the Endangered Species Act. The U.S. District Court dismissed the action and judgment was affirmed on appeal.

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). Represented the City of Honolulu in the defense of a $5 billion, 20-mile, rail transit project. The case included claims under NEPA, the National Historic Preservation Act and section 4(f) of the Department of Transportation Act.

Publications

Blog Posts

Speaking Engagements

News

Podcasts

Community & Professional

American Bar Association, Member

International Right of Way Association, Chapter 67 –  President (2013-2014), President Elect (2012-2013)

Orange County Bar Association, Member

Orange County Jewish Bar Association, Member

Orange County Business Council, Member

Honors & Recognitions

Listed, The Legal 500 United States, Industry Focus - Environment - Litigation, 2022, 2024, 2025

Listed, The Legal 500 United States, Industry Focus - Energy - Renewable/Alternative Power, 2024

Selected to the Southern California Rising Stars list, 2013-2019