Articles Posted in News

Published on: July 3, 2023

The Los Angeles City Draft Wildlife Ordinance—JMBM’s Position

The Land Use lawyers of Jeffer Mangels Butler & Mitchell LLP (JMBM) represent Neighbors for Hillside Safety, an unincorporated association of homeowners, residents, and stakeholders who live and work within the proposed Wildlife Ordinance District being considered as part of the City’s Wildlife Pilot Study and the associated Wildlife Ordinance District. This proposed ordinance would rezone over 23,000 acres of the City, impacting tens of thousands of homes without any environmental analysis and without legally adequate notice.

Ben Reznik, Chair of the Firm’s Government, Land Use, Environment and Energy Department, and Partner Daniel Freedman have submitted a series of letters to the Department of City Planning outlining our client’s opposition to the ordinance as currently written.

You can read the letters by clicking the images below.

June 16, 2023

Published on: May 26, 2023

New Sixth Circuit Decision Clarifies Important Takings Law

by Daniel F. Freedman

Last month, the Sixth Circuit Court of Appeals issued an important decision in the area of property rights, development exactions, and the Fifth Amendment. In Knight v. Metropolitan Government of Nashville & Davidson County, Tennessee, case number 21-6179, plaintiffs James Knight and Jason Mayes challenged the constitutionality of a City of Nashville’s “sidewalk” ordinance, which imposes sidewalk-related conditions on landowners who seek building permits.

Specifically, to obtain a building permit, the City requires the developer to either grant an easement across its land and agree to build a sidewalk, or otherwise pay an “in-lieu” fee to help build sidewalks in other parts of the City. The plaintiffs, who were subjected to the ordinance as part of a proposed housing development application, argued that the ordinance and the resulting condition of approval constituted a takings without just compensation.

The key issue before the Sixth Circuit was which “legal test” or “standard” applied to its review of the facts. The City wanted the court to view the ordinance like any other zoning or generally applicable development restriction, and the petitioner wanted the court to view it as an unlawful exaction (i.e., a form of extortion). As the Court explained this issue:

In particular, the parties [] disagree over the “test” that we should use to judge whether the sidewalk ordinance commits a taking. The landowner plaintiffs ask us to apply the “unconstitutional-conditions” test that the Supreme Court adopted to assess conditions on building permits in Nollan v. California Coastal Commission, 483 U.S. 825 (1987). Nashville responds that the Court has applied Nollan’s test only to ad hoc administrative conditions that zoning officials impose on specific permit applicants—not generally applicable legislative conditions that city councils impose on all permit applicants. For legislative conditions, Nashville says, we should turn to the deferential “balancing” test that the Court adopted to assess zoning restrictions in Penn Central Transportation Co. v. New York City, 438 U.S. 104 (1978).

Published on: August 29, 2022

JMBM Land Use Attorneys Recognized by Best Lawyers for 2023

by Jeffer Mangels Butler & Mitchell LLP

Los Angeles—JMBM’s Land Use Group is pleased to announce that three partners in the practice were recognized by Best Lawyers in America® for Land Use and Zoning Law. Department Chairman Benjamin M. Reznik was included on the Best Lawyers in America list for 2023, and partners Neill E. Brower and Daniel F. Freedman were recognized as “Ones to Watch.”

Best Lawyers in America is based on a comprehensive peer-review survey in which tens of thousands of top lawyers evaluate the legal abilities of other lawyers within their practice areas. The “Ones to Watch” list recognizes lawyers earlier in their careers who have achieved outstanding professional excellence. Continue reading

Published on: January 31, 2022

JMBM’s Land Use & Zoning Practice Receives National Tier 1 Ranking in 2022 Edition of U.S. News – Best Lawyers® “Best Law Firms”

by Benjamin M. Reznik of Jeffer Mangels Butler & Mitchell LLP

LOS ANGELES–Jeffer Mangels Butler & Mitchell LLP (JMBM) is pleased to announce that the Firm’s Land Use & Zoning practice has again received the highest possible designation of National Tier 1 in the 2022 U.S. News and World Report – Best Lawyers® “Best Law Firms” rankings. The report recognizes the top law firms in the country for professional excellence based on peer review.

“I’m proud of the level of service we offer, the expertise we have developed, and the results we achieve,” said Benjamin Reznik, Chair of the Government, Land Use, Environment & Energy Department. “This recognition emphasizes our team’s experience advocating for our clients’ success, and our commitment to their goals.”

The Best Law Firms designation is based on a rigorous process that includes client and lawyer evaluations, and peer review from leading lawyers.

About JMBM’s Government, Land Use, Environment and Energy Department
JMBM’s government, land use, environment, and energy lawyers represent a wide range of industries, businesses, trade groups and individuals before every level of government, and in litigation. We routinely advocate for our clients’ interests before the myriad of regulatory authorities, administrative agencies and elected bodies that govern business and development activities. We process zoning & land use entitlements from beginning to end, and if necessary, defend the project in court litigation.

About JMBM
Jeffer Mangels Butler & Mitchell LLP is a full-service law firm committed to providing clients with outstanding results. From our offices in Los Angeles, San Francisco, and Orange County, we serve our clients’ needs worldwide. For more information about our attorneys and our services, visit jmbm.com.

Published on: November 10, 2020

JMBM’s Land Use & Zoning Practice Receives Highest Ranking in 2021 Edition of U.S. News – Best Lawyers® “Best Law Firms”

by Jeffer Mangels Butler & Mitchell LLP

LOS ANGELES—Jeffer Mangels Butler & Mitchell LLP (JMBM) is pleased to announce that the firm’s Government, Land Use, Environment and Energy Department has once again been ranked as a National Tier 1 practice by U.S. News – Best Lawyers® “Best Law Firms” for 2021. The designation, which is the highest ranking given by the publication, reflects the practice’s commitment to legal excellence and achieving positive results for clients developing real estate projects throughout the country.

“It’s rewarding to have our work recognized by U.S. News again this year,” said Benjamin Reznik, Chair of the Government, Land Use, Environment & Energy Department. “Our Land Use attorneys have a deep understanding of the challenges our clients face in a complicated, ever-shifting zoning and regulatory landscape, and use that knowledge to help them achieve their goals.”

“Best Law Firms” rankings are based on a peer review process that incudes client and lawyer evaluations, and recognizes excellence at leading law firms in the U.S.

About JMBM’s Government, Land Use, Environment and Energy Department
JMBM’s government, land use, environment, and energy lawyers represent a wide range of industries, businesses, trade groups and individuals before every level of government, and in litigation. We routinely advocate for our clients’ interests before the myriad of regulatory authorities, administrative agencies and elected bodies that govern business and development activities. Our negotiation expertise and lobbying experience includes representing clients seeking to locate and develop new sites, relocate, expand operations, and all related permitting and compliance.

Published on: November 1, 2019

JMBM’s Land Use & Zoning Law Practice Ranked in 2020 Edition of U.S. News – Best Lawyers® “Best Law Firms.”

by Jeffer Mangels Butler & Mitchell LLP

LOS ANGELES—The Government, Land Use, Environment and Energy Department at Jeffer Mangels Butler and Mitchell (JMBM) is pleased to announce its inclusion in the 2020 Edition of U.S. News – Best Lawyers® “Best Law Firms.” The Department received a ranking of National Tier 1 – the highest possible ranking – in Land Use & Zoning Law.

“We are honored to have been listed once again as a National Tier 1 practice,” said Benjamin Reznik, Chair of the Government, Land Use, Environment & Energy Department. “This recognition reflects the dedication and creativity of JMBM’s Land Use attorneys, who provide outstanding results to our clients, including winning lawsuits with complex issues and unusual circumstances.”

The “Best Law Firms” rankings recognize the top law firms in the country for professional excellence based on peer review. The National Tier 1 designation is based on a rigorous process that includes client and lawyer evaluations, and peer review from leading lawyers.

Published on: September 4, 2019

Ben Reznik named “Lawyer of the Year” in Land Use & Zoning in Los Angeles

by Jeffer Mangels Butler & Mitchell LLP

LOS ANGELES—The 2020 edition of “Best Lawyers in America” in the U.S. News & World Report lists Benjamin M. Reznik, Chair of the Government, Land Use, Environment & Energy Department at Jeffer Mangels Butler & Mitchell LLP (JMBM), as “Lawyer of the Year” in the area of Land Use and Zoning in Los Angeles. Only a single lawyer in a specific practice area and designated region are honored each year.

Best Lawyers in America® is based on a comprehensive peer-review survey in which tens of thousands of top lawyers evaluate the legal abilities of other lawyers within their practice areas.

“It’s an honor to be recognized by my peers, and an honor to work with such talented lawyers at JMBM,” said Reznik. “This recognition reflects the work of our entire team of land use attorneys.”

A total of 17 attorneys from JMBM’s three offices – Los Angeles, San Francisco and Orange County – were included on the list of 2020 Best Lawyers in America®.

Contact:
Ben Reznik
BMR@jmbm.com

Published on: June 19, 2018

New California Prop 65 Warnings Required by August 30, 2018 – Is your business ready?

by Jeffer Mangels Butler & Mitchell LLP

Companies doing business in California are well-acquainted with the required Proposition 65 signs and labels that warn consumers of exposure to specific chemicals that are known to the State of California to cause cancer or birth defects or other reproductive harm.

Beginning August 30^th, new regulations go into effect that change the language used for all Prop 65 warnings. The new warning language changes depending on whether the chemical(s) listed are (1) only for cancer, (2) only for reproductive toxicity, (3) for both cancer and reproductive toxicity (lead, for example), or (4) include one chemical causing cancer and another chemical causing reproductive toxicity. The new warnings can be used now, but are required to be used as of August 30^th.

The warnings must also include one of a number of new URLs to the applicable locations on the California Office of Environmental Health Hazard Assessment’s website.

In addition, the new regulations:

Include a number of new “tailored” warnings that are specific to certain products or environmental exposure scenarios;
Include short form warnings available for use on small products or packages;
Provide more clarity as to what will be considered to be a “clear and reasonable” warning by providing express “safe harbor” warnings;
May change the allocation of liability between retailers and manufacturers, distributors or producers, where indemnity agreements do not already exist.

Because it is required to list one or more chemicals by name in many of the new warnings, companies need to determine exactly which chemical or chemicals should be identified.

Companies need to pay close attention to the required details. For example, in some cases, not only does the language of the warning need to change, but so do the font sizes and signage sizes.

If you would like to consult with an environmental attorney with experience in Prop 65 regarding the new requirements, please contact us.

Published on: August 18, 2017

JMBM Government, Land Use and Environmental Lawyers Selected for Inclusion in the Best Lawyers in America® Guide

by Jeffer Mangels Butler & Mitchell LLP

Jeffer Mangels Butler & Mitchell LLP (JMBM) is proud to announce 18 of its attorneys have been selected by their peers for inclusion in the list of Best Lawyers in America® for 2018.

Among those, a member of JMBM’s Government, Land Use, Environment and Energy Group: Benjamin Reznik.

Benjamin M. Reznik, Chair of JMBM’s Government, Land Use, Environment and Energy Group
Ben’s practice emphasizes real estate development entitlements, zoning and environment issues, including frequent appearances before city planning commissions, city councils and other governmental boards and agencies on behalf of real estate development firms and various industries. Ben leads a group of distinguished attorneys that specialize in CEQA and NEPA, air emissions, energy, licensing, government contracts, and has been described by Curbed LA as “the most powerful lobbyist in LA”. Since joining JMBM in 1997, Ben has obtained project approvals for several million square feet of commercial space and several thousand residential units valued in excess of $50 billion.

We congratulate all our lawyers who were honored by Best Lawyers® and recognize their dedication to providing our clients with outstanding results and exemplary service.

Published on: August 5, 2015

State Agencies Cannot Use State Budgetary Uncertainties to Escape Mitigation Obligations under CEQA

by Neill Brower of Jeffer Mangels Butler & Mitchell LLP

By Neill Brower
The California Supreme court determined the California State University (“CSU”) could not rely solely on earmarked appropriations from the State Legislature for payment of “fair share” mitigation fees the CSU determined necessary for full mitigation of impacts, and the absence of specific legislative appropriations for mitigation fees did not render payment of mitigation fees infeasible. On August 3, 2015, the California Supreme Court filed its decision in City of San Diego v. Bd. of Trustees of the California State University, Case No. S199557, rejecting the notion that the contingent nature of State budgeting excused a failure to commit to enforceable mitigation for off-campus impacts resulting from on-campus development. Further, because the CSU relied on the purported infeasibility of paying mitigation fees as a basis for its Statement of Overriding Considerations, the Statement of Overriding Considerations was unsupported by substantial evidence as to that finding.

In this case, the CSU approved an Environmental Impact Report (“EIR”) to expand the San Diego State University (“SDSU”) campus to accommodate, among other significant components; a hotel, academic research, medical, social, administrative, and conference facilities; faculty and student housing; a 10,000-student enrollment increase; and associated increases in faculty and staff by 2030 school year. Among other impacts, the EIR determined the project would result in significant contributions to cumulative traffic impacts on off-campus roads in the City of San Diego and Caltrans jurisdictions. The EIR determined the specific improvements required to mitigate these impacts and calculated the “fair-share” fees necessary to construct those improvements.
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Benjamin M. Reznik

Ben Reznik is the founder and chair of the Government, Land Use, Environment and Energy Department at Jeffer Mangels Butler & Mitchell LLP. Ben's practice emphasizes real estate development entitlements, zoning and environmental issues. He appears regularly before planning commissions, city councils and other governmental boards and agencies, as well as the courts. Ben and his work have been featured in the Los Angeles Times and the Los Angeles Business Journal, and he has been included in the Los Angeles Daily Journal as one of California's "Top 100" lawyers. Ben leads a group of distinguished attorneys whose work has resulted in JMBM's inclusion in the U.S. News & World Report / Best Lawyers® list of Best Law Firms (2011, 2012, 2014, 2015) with a National First-Tier Ranking and a Metropolitan First-Tier Ranking (Los Angeles) in the area of Land Use and Zoning Law. Contact Ben at BMR@jmbm.com or 310.201.3572.

Kerry Shapiro

Kerry Shapiro has a comprehensive government, land use, environmental, and natural resources practice, with extensive experience working with NEPA, CEQA, the Endangered Species Acts, the Mining Law of 1872, FLPMA, the Mineral Materials Act, SMARA, and the Clean Water Act, in relation to various entitlements and public land matters and related litigation, at federal, state, and local levels. Kerry has also specialized in representing the construction and building materials industry on mineral extraction and land development projects for over 20 years, and has secured entitlements for the largest federally-approved sand and gravel project in the United States, obtained the first-ever vested rights confirmation from the State of California for the largest construction aggregate deposit in California, and successfully represented clients before the Ninth Circuit Court of Appeals on federal endangered species and mining law matters. Contact Kerry at KShapiro@jmbm.com or 415.398.8080.

Sheri Bonstelle

Sheri Bonstelle's practice focuses on land use, zoning, environmental, litigation and construction matters. She manages all aspects of the entitlement process, including representing clients before local and state agencies, commissions and councils. She coordinates environmental review under the California Environmental Quality Act (CEQA) and National Environmental Protection Act (NEPA) and obtains permits and approvals necessary under the Clean Water Act, Clean Air Act, Endangered Species Act, California Coastal Act, and historic preservation laws. She also negotiates participation and development agreements with the Community Redevelopment Agency, and obtains approval of adaptive reuse projects in historic buildings in Los Angeles. She coordinates land use and environmental diligence review for large multi-property portfolio sales and represents signage companies and building owners with respect to preserving signage rights in Los Angeles. Sheri is a licensed architect in the State of New York. Contact Sheri at SBonstelle@jmbm.com or 310.712.6847.

Neill Brower

Neill Brower represents JMBM's clients in environmental and land use issues, including permitting and regulatory compliance under CEQA, NEPA, CERCLA, RCRA, the Clean Water Act, and the California Fish and Game Code. Prior to his legal career, Neill worked for 10 years managing and preparing a variety of environmental and urban planning documents, including environmental impact reports and statements, archaeological and historic resources technical studies, and natural resources permit applications. He also provided peer review of planning and technical documents. During this time, Neill worked extensively with local and state agencies as clients and as regulators. Contact Neill at NBrower@jmbm.com or 310.712.6833.

Matthew Hinks

Matthew Hinks is a litigator with a wide-ranging practice that focuses primarily on the representation of real estate developers in difficult land use cases. Matt has extensive experience litigating complex mandamus actions and other claims involving signage disputes, governmental takings, CEQA challenges, planning and zoning law, civil rights violations, eminent domain issues, title disputes, lease disputes and community redevelopment and density bonus law. He has extensive experience in both federal and state courts, including trial courts and courts of appeal, as well as in arbitration, mediation and administrative settings. Contact Matt at MHinks@jmbm.com or 310.201.3558.

Martin Stratte

Martin Stratte is a land use and environmental attorney who assists with the entitlement of complex projects throughout California in accordance with CEQA, NEPA, and California's greenhouse gas emission and climate change regulations. He also represents clients in related litigation. Contact Martin at MStratte@jmbm.com or 415.984.9627.