Jim Rusk is a partner with the Land Use and Natural Resources practice group in the firm's San Francisco office. He specializes in project permitting, compliance and litigation involving endangered species, wetlands and water quality, and related environmental review requirements.
Areas of Practice
Jim guides landowners and developers through the complex permitting and compliance processes under federal and state natural resources laws, including the Endangered Species Act, the Clean Water Act, the California Fish and Wildlife Code and Porter-Cologne Act, the National Environmental Policy Act and the California Environmental Quality Act. He also represents clients in litigation defending federal and state permits against challenge by project opponents, and in suits challenging arbitrary agency action.
Jim has established strong working relationships with staff at the Army Corps of Engineers, U.S. Fish and Wildlife Service, California Department of Fish and Wildlife, Regional Water Quality Control Boards and U.S. Department of Justice.
Jim's areas of expertise also include California water rights, federal Indian law, and the USDA's National Organic Program, and he is a member of Sheppard Mullin's Food and Beverage Industry Team.
Representative cases and projects
•Obtained a Clean Water Act section 404 permit and section 401 state water quality certification for a mixed-use, master planned community of more than 10, 000 homes in Southern California.
•Successfully defended the section 404 permit against attacks by project opponents in federal district court involving claims under the Clean Water Act, Endangered Species Act, National Environmental Policy Act and National Historic Preservation Act.
•Represented a landowner in litigation in federal district court in Hawaii challenging the U.S. Fish and Wildlife Service's designation of its property as critical habitat under the Endangered Species Act.
•Helped obtain a no jeopardy biological opinion and incidental take statement from the U.S. Fish and Wildlife Service for a mixed-use developmental several thousand homes in the Sacramento region. Prepared a 404(b)(1) alternatives analysis for the project to support its application for a Clean Water Act section 404 permit to fill wetlands on site.
•Conducted a water rights assessment for a proposed master-planned development in the Central Valley.
•On behalf of the members and Tribal Council of a federally recognized Indian tribe, successfully challenged in federal district court a Bureau of Indian Affairs decision recognizing a rogue faction as the tribe's government. Defeated a suit by the rogue faction in California court seeking access to more than $10 million dollars held in trust for the tribe by the state.
•Counseled an accredited organic certification agent on compliance with National Organic Program regulations.
•Assisted an organic foods industry association in commenting on proposed rulemaking and guidance by the USDA under the National Organic Program.
•Real Estate and Construction, Legal 500, 2016
Publications & News
•Permitting Fill of Wetlands under Clean Water Act Section 404-Key Issues for California Practitioners, presented at CLE International California Wetlands Conference, April 16-17, 2015.
•Practicable Alternatives: Criteria and Identification Under the Section 404(b)(1) Guidelines, presented at CLE International California Wetlands Conference, May 5-6, 2014.
•Integrating NEPA with Other Federal Requirements, presented at CLE International NEPA Conference, January 23-24, 2012.
•Endangered Species Regulatory and Case Law Update 2009, prepared for CLE International Endangered Species Act Conference, November 5-6, 2009.
•The National Environmental Policy Act: Wetlands Issues Within the NEPA Process, prepared for CLE International California Wetlands Conference, February 26-27, 2009.
•Consideration of Cumulative Impacts Under the National Environmental Policy Act, prepared for CLE International NEPA Conference, February 23-24, 2009.
•Endangered Species Regulatory and Case Law Update 2007, prepared for CLE International Conference On the Endangered Species Act and Habitat Conservation Planning, November 1-2, 2007.
Real Estate, Land Use & Environmental Law Blog Posts
• Corps Proposes Renewal of Nationwide Permits, June 2, 2016
• Jurisdictional Determinations Are Reviewable By The Courts, June 1, 2016
• Bill to Nullify Clean Water Rule Vetoed, January 21, 2016
• BREAKING: EPA Water Rule Blocked Nationwide By Sixth Circ., October 9, 2015
• District Court Enjoins Federal Regulations Revising Scope of Clean Water Act Jurisdiction, August 28, 2015
• EPA and Corps Issue Rule Defining “Waters of the U.S., ' June 30, 2015
• Ninth Circuit Rejects Use of Preemptive Litigation to Validate Federal Approvals, November 24, 2014
• Supreme Court Asked to Allow Immediate Judicial Review of Clean Water Act Jurisdictional Determinations, November 6, 2014
• Preexisting Management Plan Not a “Mitigation Measure” for Purposes of CEQA Exemption, April 25, 2014
• Conveyance of Polluted Water Within River Involves No 'Discharge' Under Clean Water Act, January 10, 2013
• Zoning Director Approval Triggers Section 65009 Statute of Limitations, November 29, 2012
• Supreme Court Holds EPA Compliance Order Asserting Clean Water Act Jurisdiction Is Subject to Judicial Review, March 28, 2012
• New And Revised Nationwide Permits For Dredge And Fill Activities, February 22, 2012
• Court Clarifies Mitigation Requirements for Impacts to Historical Resources, Reaffirms Use of Existing Conditions as Analytical Baseline, September 27, 2011
• California Legislature Passes Bills to Expedite Judicial Review of CEQA Challenges for Selected Projects, September 14, 2011
• EPA Proposes 'Veto' of Section 404 Permit for Mountaintop Removal Coal Mining Project in West Virginia, April 30, 2010
• Court Of Appeal Limits 'Text' Requirement For Local Referendum Petitions, August 14, 2009
• EPA May Use Cost-Benefit Analysis In Setting Best Technology Available Standards Under Clean Water Act, April 6, 2009
• Army Corps Properly Limited Scope of NEPA Review of Section 404 Permits to Impacts of Filling Jurisdictional Waters, March 10, 2009
• State Water Board Lifts Moratorium On New Construction in LA Region, August 5, 2008
• State Water Board Imposes Moratorium On New Construction In Los Angeles Region, July 24, 2008
• California Supreme Court Holds Headwaters Agreement Incidental Take Permit And Sustained Yield Plan Invalid, July 24, 2008
• Federal Claims Court Awards $4.2M to Ranchers' Estate for Taking of Water Rights, June 20, 2008
Climate Change & Clean Technology Law Blog Posts
• Federal Courts Take Divergent Views of Common Law Claims on Climate Change, December 8, 2009
• 2nd Circuit Allows Public Nuisance Suit Against Greenhouse Gas Emitters, September 29, 2009