Brian J. Plant

  • Education
    • J.D., University of the Pacific, McGeorge School of Law, 1986
    • B.S., University of California, Berkeley, College of Natural Resources (emphasis in aquatic ecology)
  • Professional Affiliations
    • State Bar of California
      • Environmental Law Section
    • State Bar of Nevada
    • U.S. District Court, Northern District of California
    • U.S. District Court, Eastern District of California
    • United States Claims Court
    • Ninth Circuit Court of Appeals
    • District of Columbia Circuit Court of Appeals
    • Practiced before the federal courts of the following Districts and Circuits: the Western District of New York, the Eastern District of Virginia, the District of Minnesota, the Western District of Oregon, and the District of Louisiana
    • Sacramento County Bar Association

Of Counsel

455 Capitol Mall, Suite 210
Sacramento, CA 95814
Phone: (916) 443-2745
Fax: (916) 443-9017
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Mr. Plant joined the firm as Of Counsel in 1996. His practice focuses on federal Clean Water Act, federal Endangered Species Act, land use and environmental law. Mr. Plant handles federal and state environmental permitting and compliance for complex private and public projects throughout California. Mr. Plant’s practice covers Section 404 of the federal Clean Water Act, state and federal Endangered Species Acts (including both terrestrial and anadromous aquatic species), state “streambed alteration agreements,” the Historic Preservation Act, and the National Environmental Policy Act (NEPA).

While with the United States Department of Justice, Environment and Natural Resources Division, Mr. Plant was responsible for litigating a nationwide docket of cases involving the federal Clean Water Act, CERCLA, RCRA and the Safe Drinking Water Act. Client agencies included the U.S. Environmental Protection Agency, the U.S. Navy, Army, Air Force and Coast Guard as well as the U.S. Army Corps of Engineers. Work on the Clean Water Act included cases involving wetlands enforcement actions, and permit challenges. Mr. Plant also litigated cases under CERCLA including cost recovery actions brought by potentially responsible parties against the United States.

Mr. Plant teaches land use and environmental law classes and seminars for professional organizations such as Law Seminars International and Lorman.

Representative matters include:

  • Lead attorney representing the Placer Vineyards Specific Plan owners’ group in development of CEQA-related biologic mitigation measures, preparing strategies for CWA Section 404 permitting, on-site avoidance and minimization measures, and habitat mitigation requirements, and coordinating state/federal permitting. Plan area encompasses over 5,200 acres with over 150 acres of wetland resources.
  • Lead attorney representing Granite Construction Company in federal permitting for its proposed Walltown Quarry in Sacramento County. The project will result in the production of high grade aggregates and dimension stone for 75-100 years.
  • Lead attorney representing the County of Merced in its management of landfill operations. His work includes federal environmental permitting and compliance for proposed land fill expansions.
  • Lead attorney on various large scale residential/business park developments. Mr. Plant provides analysis under CWA Section 404(b)(1) “Alternatives Analysis” and Corps’ public interest review. He works with clients to develop effective permitting strategies and guide applicants through U.S. Army Corps of Engineers permitting requirements, inclusive of Section 106 of NHPA, Section 401 of the CWA (state water quality certification/waiver), federal ESA, and CDFG Section 1602 “stream bed alteration agreements.”

Mr. Plant is a Board Member for the Sacramento Metropolitan Chamber of Commerce; past Board Member, American River Parkway Foundation; member of the UC Davis Health System Leadership Council and past Executive Committee Member for that organization; Member, Sacramento Metropolitan Chamber of Commerce Land Use and Natural Resources Committee.