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William R. Devine

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Phone(949) 851-5412

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Practice Areas

  • Land Use
  • Real Estate
  • Water Rights & Resources
  • Energy & Cleantech
  • Environmental & Natural Resources
 
University California State Polytechnic University, B.S., 1974; Brigham Young University, M.S., 1978
 
Law SchoolBrigham Young University, J. Reuben Clark Law School, J.D., cum laude, 1981
 
Admitted1981, Colorado; 1983, California; 1992, Washington
 
Biography

William R. Devine is a partner in our Orange County office whose practice focuses on the land use, environmental and natural resources aspects of land development. He assists residential and commercial developers, land owners, energy and water providers, hospitals, universities, and other public and commercial interests in a wide range of acquisition, entitlement and permitting issues. Bill regularly represents clients before local, state and federal administrative bodies, as well as in preparing for litigation.

Bill's wide-ranging experience includes land acquisition due diligence, CEQA/NEPA compliance, endangered species, wetlands, climate change issues, coastal law, planning and zoning, water quality, water supply and rights, vested development rights, annexation, initiatives and referendums, subdivision mapping, redevelopment, affordable housing, renewable energy, and Native American law.

Bill is a frequent speaker on topics related to CEQA, habitat conservation planning under the Endangered Species Act, water supply and rights, climate change and land use, renewable energy facility permitting, sustainable development, and wetlands mitigation permitting.

Prior to joining Allen Matkins, Bill was a partner at a prominent, full-service law firm. His past experience also includes a position at the Solicitor's Office of the U.S. Department of Interior in Portland, Oregon, and Sacramento, California, where he represented the Department and its agencies on a broad range of matters involving water rights, environmental cleanup, energy facility siting, endangered species, wetlands, NEPA compliance, and Native American affairs.

Memberships

ˇ American Bar Association

ˇ California State Bar Association, Environmental Law Section

ˇ Colorado State Bar Association

ˇ Washington State Bar Association

ˇ Building Industry Legal Defense Foundation (BILD), Board of Directors

ˇ BIA, Orange County Chapter, Board of Directors

ˇ Urban Land Institute (ULI): Orange County District Council, Chair (2005-2007); Council's Sustainable Development Committee, Chair (2008-2009)

ˇ ULI Orange County Sustainable Communities Council

ˇ National ULI Sustainable Development Council

ˇ American Council on Renewable Energy

ˇ Solar-Electric Power Association

ˇ American Wind Energy Association

Accolades

ˇ Selected for inclusion in Southern California Supers Lawyers (2004, 2009 - 2012)

Education

Bill received his J.D., cum laude, from J. Reuben Clark Law School, Brigham Young University in 1981, as well as his M.S. in 1978. He also received Certificates of Specialization in Environmental Law and Natural Resources Law from the University of Oregon Law School in 1980. Bill received a B.S. in 1974 from California State Polytechnic University.

Representative Matters

Natural Resources

ˇ Athens Group/Montage/Aliso Creek Inn (Laguna Beach). Represented the developer of a proposed resort hotel and residential project on local planning issues, CEQA compliance, California Coastal Commission approval, state and federal wetlands and endangered species issues, and a variety of related development and entitlement matters.

ˇ Lennar Communities/Heritage Fields (Irvine). Represented the developer of a 3,700-acre mixed-use military base reuse project on due diligence, CEQA compliance, general plan, specific plan and zoning issues, subdivision map processing, wetland and water quality issues, state and federal endangered species issues, hazardous waste remediation, and affordable housing strategy.

ˇ Taylor Woodrow/Aera/Banning Ranch (Newport Beach/County of Orange). Represented the developer of a 400-acre residential/mixed-use master planned community on endangered species act compliance, Coastal Act compliance, state and federal wetlands issues, CEQA, general plan amendment and specific plan matters, and environmental remediation issues.

ˇ Troxler/North Peak (Lake Elsinore). Represented the developer of a 1,780-acre master-planned community on local, state, and federal regulatory permit and entitlement issues including local planning and zoning, CEQA compliance, a development agreement, endangered species, archaeological reserves, wetlands, and land exchange issues.

ˇ U.S. Bureau of Land Management (Oregon, California, Nevada, Arizona). Represented the Bureau of Land Management on numerous grazing leases, resource management planning issues, land exchange agreements, mineral leasing, resource protection, timber leasing and rights-of-way agreements including NEPA compliance.

ˇ Lytle Creek Land & Resources/Lytle Creek (Rialto/County of San Bernardino). Represented the developer of a 3,000-acre residential, commercial, and mixed-use project on CEQA compliance, general plan amendment and specific plan issues, water supply, development agreement matters, subdivision map issues, and wetlands, endangered species and habitat protection.

ˇ Watermarke/Twin Creeks (County of Riverside). Represented the developer of 600-acre master-planned community in Riverside County (Corona sphere) on local, state and federal regulatory permitting and entitlement issues including annexation, mining, MSHCP compliance, CEQA, wetlands permitting, planning and zoning and other related matters.

ˇ AT&T Corp. (San Bernardino County). Represented client on processing of multiple permits and authorizations for fiber-optic cable project from Victorville to Las Vegas. Worked closely with the Bureau of Land Management in California and Nevada regarding NEPA compliance and right-of-way grant issues. Obtained 1602 Streambed Alteration Agreement, Section 2081 "take" permit, Section 404 Permit, and Section 401 Water Quality Certification.

ˇ Boulder Springs Ventures (Riverside County). Represented the developer of a 900-acre master planned community on local, state and federal regulatory permit issues including a specific plan amendment, CEQA compliance, a development agreement, endangered species, archeological reserves, wetlands, and land exchange issues.

ˇ Forecast/Eagle Glen (Corona/County of Riverside). Represented the developer of a 1,000-acre residential/golf course planned community on CEQA compliance, state and federal wetlands and endangered species issues, water supply, specific plan amendment issues, and annexation.

ˇ Empire Land/Corona Hills/The Retreat (County of Riverside). Represented the developer of a 1,000-acre master-planned community and golf course on state and federal endangered species and wetlands permitting matters.

ˇ Coussoulis Development/Sunset Hills/Creekside (Redlands). Represented the developer of a 365-acre residential project on state and federal entitlement-related matters regarding a 404 permit, a 401 certification, a Section 7 consultation, a 1603 agreement, and a 2081 agreement.

ˇ Coal and Uranium Mining Companies (Arizona and New Mexico). Represented a number of mining companies on mineral leasing within the Navajo and Hopi Indian reservations.

Land Use

ˇ Lennar Communities/Platinum Triangle (Anaheim). Represented the developer of two (42-acre and 13-acre) residential (3,813 units) and retail (200,000 square feet) mixed-use, urban-infill projects with a number of high-rise residential towers on CEQA compliance; general plan, specific plan, and zoning issues; subdivision map processing; development agreements, subdivision agreements, public finance issues and reimbursement agreements.

ˇ SunCal/College Park (Chino). Represented client in the development of a 440-acre master-planned community on development agreements, CEQA, initiatives, local planning , water supply, state and federal endangered species and wetlands permitting, and state surplus lands.

ˇ John Laing Homes/Pelican Properties (Fullerton). Represented the developer of a sven-acre mixed-use, urban-infill project with residential, office, retail and parking structures on CEQA, local planning, redevelopment, negotiation of a disposition and development agreement, prevailing wage issues, and public finance issues.

ˇ John Laing Homes/Euclid Street (La Habra). Represented the developer of a 12-acre, 91-unit residential project on development agreement negotiation, CEQA compliance, local land use approvals, affordable housing agreement, disposition and development agreement, owner participation agreement, and other related matters.

ˇ WB Parc Anaheim/Parc Anaheim (Anaheim). Represented the developer of a 12-acre high density, urban infill, mixed-use project with 474 residential units and 49,000 square feet of commercial on CEQA compliance, initiative and referendum issues, local political issues, and local entitlements.

ˇ Lennar Communities/William Lyon Homes/Tustin Marine Corps Air Station (Tustin and Irvine). Represented the developer of a 238-acre residential military base reuse project on CEQA compliance, general plan, specific plan and zoning issues, subdivision map processing, wetland and water quality issues, affordable housing strategy, and annexation matters.

ˇ Foremost Communities/New Model Colony (Ontario). Represented client in the acquisition and development of three parcels of property, totaling 77 acres, within New Model Colony including pre-acquisition land use due diligence and post-acquisition negotiation of infrastructure issues, new subdivision maps, a development agreement and related matters.

ˇ Foremost Communities/Sierra Promenade (Fontana). Represented client on pre-acquisition due diligence and post-acquisition entitlements for a 67-acre project in Fontana. The new entitlements include a new specific plan, a new CEQA document, subdivision maps, and related matters.

ˇ Sage Community Group/Cielo Vista (Yorba Linda). Represented the developer of a 117-acre, 117-unit residential project on CEQA compliance, general plan amendment and specific plan processing, initiative issues, local political issues, and state and federal permitting.

ˇ DMB Development/Ladera Ranch (County of Orange). Represented a potential financial partner to developer of large master-planned mixed use community on pre-acquisition due diligence review with focus on CEQA compliance, project entitlement, and wetlands and endangered species issues.

ˇ DMB Development/Black Mountain Ranch (County of San Diego). Represented a potential joint venture partner to the developer of a large master-planned mixed-use community on the pre-acquisition due diligence review, with a focus on CEQA compliance, project entitlement, and wetlands and endangered species issues.

CEQA/NEPA

ˇ Signal Landmark/Koll/Bolsa Chica (Newport Beach/County of Orange). Represented the developer of 1,600-acre wetlands restoration and residential development project. Key tasks included CEQA and NEPA compliance, negotiation of a development agreement, California Coastal Commission approval, state wetlands and endangered species issues, specific plans and local coastal programs, negotiation of park and open space dedications, and assistance in litigation defense relating to CEQA and California Coastal Act compliance.

ˇ Signal Landmark/Eagle Crest (Escondido). Represented the developer of an 800-acre residential and country club community on CEQA compliance, specific plan issues, subdivision map processing, wetland and endangered species permitting, negotiating a development agreement, a golf course management agreement, homeowner CC&Rs, and litigation in state and federal courts related to CEQA, development agreement, water supply, civil rights violations, and takings.

ˇ Mid-Cal Pacific Development Corporation/Chandler Ranch (Paso Robles). Represented the owner/developer of a 675-acre master-planned community on specific plan and general plan issues, processing, water supply, CEQA compliance, state and federal permitting issues, airport land use plan issues, and all related entitlement issues.

ˇ Hines/Teller Avenue (Irvine). Represented the developer of an 18-acre commercial office development project on CEQA compliance, local entitlement, development agreement, trip transfers, and related matters.

ˇ C. J. Segerstrom & Sons/Home Ranch (Costa Mesa). Represented the developer of a 93-acre mixed-use commercial, industrial, retail, and residential project on CEQA compliance, general plan and specific plan issues, rezoning matters, negotiation of a development agreement, referendum and EIR challenges, and obtaining 404, 401, and 1603 approvals.

ˇ Baker Ranch Properties/Baker Ranch (County of Orange). Represented the developer of a 600+ acre commercial/industrial project on local planning issues, CEQA compliance, endangered species issues, development agreements, implementation of major road and other infrastructure programs, subdivision map issues, transition into city jurisdiction, assignment and assumption agreements, and CEQA litigation.

ˇ Fordland/Pacific Bay Homes/One Ford Road (Newport Beach). Represented the developer of a 100-acre residential industrial conversion project on CEQA compliance, water quality and environmental remediation, development agreements, subdivision approvals, general plan amendment and specific plan issues, drainage issues, and negotiations with adjacent property owners.

ˇ Loma Verde Properties/Brea Canyon (Brea). Represented the developer of a 40-acre residential (conversion from industrial) project on CEQA compliance; general plan, specific plan, and zoning issues; subdivision map processing; wetland and endangered species permitting issues; negotiation of a development agreement; initiative issues; annexation matters; and environmental remediation issues.

ˇ The Irvine Company/Mountain Park (Anaheim). Represented the developer of a 3,200-acre mixed-use development on CEQA compliance, specific plan issues, development agreements, various agency agreements, and annexation issues.

ˇ Ranpac/Toscana (County of Riverside). Represented the developer of a 900-acre master-planned community on endangered species, wetlands, MSHCP, CEQA, and related issues.

Energy

ˇ Abengoa (San Bernardino County). Represented client on processing of multiple entitlements, coordination with Southern California Edison on project-related transmission and communication lines, assisting in the establishment of offsite mitigation lands for impacts to biological and agricultural resources, coordination with Southern California Edison on the processing of state and federal permits, water rights transfers, assisting in coordination with the Department of Energy on obtaining a DOE loan guaranty and Department of Treasury grant, and drafting legal opinion on permitting for the project.

ˇ Imperial Irrigation District (Riverside County and City of Indio). Represented client on CEQA issues, CEQA litigation, endangered species issues, local planning and zoning issues, and a variety of other related matters for construction of a 230 KV transmission lines.

ˇ Onyx Land and Title Company (Kern County). Represented client on due diligence analysis and review of wind power and solar power development potential on thousands of acres in Kern County.

ˇ Silicon Valley Power (Santa Clara). Represented municipally-owned utility company on a variety of issues related to authorization, financing, Public Utilities Regulatory Policy Act issues, transmission agreements, and facility siting for a wind power project.

ˇ South Tahoe Public Utilities District (California). Represented the public utility district on energy facility siting, hydropower, licensing, CEQA processing, litigation and other entitlement and development issues relating to project operations including authorizations with the California Public Utilities Commission.

ˇ Wheelebrator Inc. (Spokane, WA). Represented the developer of large biomass project on purchase agreements, negotiations with utilities, environmental review, air quality issues, and location entitlement and approvals.

ˇ Calpine (Lake County and Sonoma County, California). Represented client on leasing, facility siting and transmission agreement issues for a number of geothermal projects.

ˇ California Energy Commission (Sacramento). Participated on a team with CTG Energetics under a contract from the California Energy Commission addressing energy efficiency and renewable energy in light of the California Global Warming Solutions Act.

Water

ˇ Surland Communities/Ellis (Tracy). Represented the developer of a master planned community on water supply issues, preparation and adequacy of a water supply assessment, preparation and adequacy of the water supply section of the EIR for the project, adequacy of the Urban Water Management Plan, and assistance in defending litigation challenging the adequacy of the water supply assessment and water supply section of the EIR.

ˇ Integral Communities/Dumbarton (Alameda County). Represented client on water supply issues, adequacy of water supply assessment and CEQA-related water supply adequacy issues for proposed development of a project including 2,500 residential units and 230,000 sq. ft. of commercial retail space.

ˇ U.S. Bureau of Reclamation (California, Arizona, Idaho, Nevada). Represented the Bureau on a variety of matters including the Bay Delta Water Quality hearings, Kesterson Reservoir cleanup and litigation; Central Valley Project issues, Truckee River species protection issues, Pyramid Lake water rights issues, hydropower licensing, Reclamation Act issues, and other related water matters.

ˇ California Farm Bureau/Okanogan Appeal (Washington). Drafted Amicus brief seeking appeal of a 9th Circuit decision regarding a conflict between enforcement of the Endangered Species Act and the exercise of state vested water rights.

ˇ Association of California Water Agencies (California). Represented the Association of California Water Agencies on numerous water legislative, regulatory, and litigation matters including the Audubon decision establishing public trust water rights in the State.

ˇ Water Districts and Related Entities (California). Represented numerous water districts, reclamation districts, county water agencies, and other similar water supply entities on a variety of water rights issues including water rights transfers, securing of water rights, compliance with Reclamation Act and related matters.

ˇ San Jacinto River Property Owners Coalition/San Jacinto River Valley Master Development Project (Perris/Riverside County). Represented five separate developers on the processing and approval of a master development, facilities improvement, and conservation plan project on 6,660 acres. Project includes flood control facilities, five separate residential/commercial development projects on 3,000 acres, and conservation area to be set aside pursuant to MSHCP. Providing counsel on MSHCP compliance, CEQA compliance, local entitlements processing, state and federal wetlands permitting, and endangered species issues.

ˇ U.S. Bureau of Indian Affairs (California, Washington, Idaho, Montana). Represented the Bureau of Indian Affairs and numerous Indian tribes including the Yakima, Flathead, Blackfoot, Shoshone, and Klamath in numerous water rights, fishing rights, and other resource-related development and protection matters in Indian lands throughout the Pacific Northwest.

Publications

Press & Media

7/27/2011, 60 Allen Matkins Attorneys named among Super Lawyers 2011 and Rising Stars 2011

12/1/2010, Land Use Roundtable
Mike Durkee and Bill Devine in The Daily Journal

7/19/2010, 63 Allen Matkins Attorneys Named Among Super Lawyers 2010 and Rising Stars 2010

2/19/2010, Renewable energy projects scrambling as approval logjam continues
Bill Devine in Power Engineering

7/14/2009, 57 Allen Matkins Attorneys Named Among Super Lawyers 2009 and Rising Stars 2009

5/12/2008, Understanding Climate Change
William R. Devine in Daily Journal

11/1/2007, Land Use Roundtable
Michael Patrick Durkee and William R. Devine in California Lawyer

11/1/2006, Roundtable: Land Use Update
William R. Devine and Sonia J. Ransom in California Lawyer

Video

9/13/2011, SB375 - California's Climate Change Regulation: Issues When Planning a Project

6/2/2011, Water Supply & the Increasing Importance of Urban Water Management Plans in Development

Article

5/13/2010, Permitting of Utility Scale Solar Projects in California Slow Going Despite Significant State and Federal Polity Support and Financial Incentives
by William R. Devine in Bloomberg Law Reports

7/27/2009, Proposed Guideline Changes to Clarify Trial Court Decisions Addressing Climate Change Under CEQA
By William R. Devine and Shanda M. Beltran in California Real Estate Journal

Legal Alert

10/13/2009, Legal Alert: Court Upholds EIR Against Challenges to Energy Impacts Analysis, Extra-Jurisdictional Mitigation, and Amendments Following Planning Commission Review
This alert discusses a key CEQA case which provides guidelines for preparing an EIR.

2/26/2009, Energy Related Provisions of the American Recovery and Reinvestment Act of 2009 May Help California Reach State Renewable Energy Goals

11/27/2008, New Green Plan Could Increase Cost of New Greenfield Housing
Information in this alert directly affects all developers -- especially those with housing projects in greenfield areas.

10/7/2008, SB 375: How Will California's New Anti-Sprawl Law Impact Future Development In The State?

7/16/2008, Governor Signs Map Extension Bill
Information in this alert directly affects all owners of property with a current tentative map or other entitlements with applicable expiration dates.

4/25/2008, California Appellate Court removes intermediate hurdle to project approval with recent water supply ruling
Who is affected? CEQA Lead Agencies, including cities and counties; Water Suppliers and Wholesalers; and Project Applicants, including residential, commercial, retail, hotel, office and industrial developers if you are proposing to build a qualified development project in California.

12/21/2007, California Appellate Court Upholds the Adequacy of a Water Supply Analysis

12/14/2007, Ninth Circuit Holds: Federal Agency Must Prepare EIS Based on the Cumulative Impacts the Project Will Have On Climate Change as the Result of GHG Emissions

6/11/2007, New Army Corps and EPA Guidance to Shape Future Development and Claims of Federal Jurisdiction under Section 404 of the Clean Water Act

Events

2/15/2012, Real Estate Development Law Update
Shady Canyon Golf Club
100 Shady Canyon Drive
Irvine, California 92603

Speakers: John C. Condas and William R. Devine

2/16/2011, Allen Matkins Real Estate Development Law Update
Shady Canyon Golf Club
100 Shady Canyon Drive
Irvine, California 92603
Speakers: John C. Condas and William R. Devine

9/15/2010, BIA OC - Re-Entitlement for New Market Realties
Anaheim Council Chambers
200 S. Anaheim Boulevard
Anaheim, California
Speakers: William R. Devine

1/26/2010, Multifamily Affordable Housing Briefing - Orange County
Shady Canyon Country Club
Irvine, California
Speakers: John C. Condas, William R. Devine and Sonia J. Ransom

10/20/2009, Zero to Hero - Discover a Process to Maximize Land Residual Value in a Challenging Economy
Big Canyon Country Club
One Big Canyon Drive
Newport Beach, California
Speakers: William R. Devine

6/16/2009 - 6/19/2009, PCBC 2009
Moscone Center, San Francisco
Speakers: William R. Devine and Bryan C. Jackson

6/12/2009, Challenges and Opportunities for Infill and Edge Development
Loyola Law School Downtown, Student Lounge Burns Building
919 Albany Street
Los Angeles, California 90015
Speakers: William R. Devine

3/20/2009, ULI - OC - The Future of Land Use Planning and Development in CA - Challenges and Opportunities
First American Title Company
5 First American Way, Garden Room
Santa Ana, California
Speakers: William R. Devine

2/4/2009 - 2/5/2009, From Rhetoric to Reality: Low Carbon, Low Water in a Recovering Market - EDAW/ULI event
Hilton San Diego Gaslamp Quarter
401 K Street
San Diego, California
Speakers: William R. Devine

6/16/2008 - 6/17/2008, CEQA: What Are the Different Approaches to Take in a CEQA Document? How Do You Determine Which Best Suits the Situation?
Law Seminars International
Speakers: John C. Condas and William R. Devine

12/6/2007, Maybe Chicken Little Was Right: Too Much Greenhouse Gas, Too Little Water! What to do under CEQA
San Ramon, California
Speakers: William R. Devine, James T. Burroughs and Michael Patrick Durkee

 
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Office Information

William R. Devine
Allen Matkins Leck
Gamble Mallory & Natsis LLP

1900 Main Street, 5th Floor
Irvine, CA 92614-7321




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