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Arthur F. Coon
Shareholder, Walnut Creek
Tel: 925.935.9400
Email: arthur.coon@msrlegal.com
As the head of Miller Starr Regalia’s Sustainable Development Practice Group,
EDUCATION
In receiving a J.D. from the
ASSOCIATIONS
In addition to his contributions in the courtroom and the classroom,
Art Coon has been listed among Northern California’s "Superlawyers," for the last six years.
REPRESENTATIVE LAND USE
Represented plaintiffs/counterclaim defendants at four week court trial and on appeal to the Ninth Circuit in a major Eastern District federal court action involving application of the Federal Clean Water Act to agricultural activities consisting of “deep ripping” plowing for vineyards and orchards on the Borden Ranch in Sacramento and San Joaquin Counties. The case involved complex issues of federal agency authority and jurisdiction over seasonal wetlands, including vernal pools and intermittent drainages, as well as “cutting edge” issues under the “Migratory Bird Rule” and the Endangered Species Act. After 2-1 panel decision reversing adverse judgment on vernal pool issues and remanding for penalty recalculation, but affirming on remaining issues, obtained Writ of Certiorari from United States Supreme Court granting review. Served as counsel of record in the Supreme Court, which heard argument in the case on
Cummings & Tsakopoulos v. Aerojet General Corporation, et al.
Successfully prosecuted and favorably settled a complex federal action in California’s Eastern District representing plaintiff landowners with RCRA, CERCLA and common law trespass, nuisance and negligence claims against Aerojet and others who had since the early 1960’s contaminated the former North White Rock Road Dump in Rancho Cordova with TCE and other toxic pollutants which had migrated in the groundwater underneath plaintiffs’ property. The case involved approximately 50 depositions, intensive and complex law and motion practice, and mediation prior to favorable settlement.
San Diego Gas & Electric Co. v. Superior Court (1996) 13 Cal.4th 893.
Briefed matter and appeared and argued on behalf of amicus curiae for real parties before California Supreme Court in landmark decision involving impacts of electromagnetic fields on real property and its value.
Napa Citizens for Honest Govt., et al. v. Napa County Board of Supervisors (First Dist., Div. 4,
Represented the County of Napa and its Board of Supervisors in a State Superior Court challenge to its certification of an EIR for and enactment of its 1998 Airport Industrial Area Specific Plan Update, a Specific Plan covering approximately 3,000 acres of land in the County’s major industrial area. Successfully demurred to petitioners’ attempted direct challenge to the County’s General Plan, removing that issue entirely from the case. Represented the County on cross-appeals in the State appellate court, briefing and arguing the appeals for the County, and obtaining a published decision modifying adverse judgment that infeasible mitigation measures could not be deleted under CEQA.
Citizens for Environmental Protection v.
Successfully defended CEQA and California Integrated Waste Management Act legal challenges to Local Enforcement Agent's (
Tsakopoulos v. American Manufacturers Mutual Ins. Co.
Prevailed on behalf of plaintiff insured on cross-motions for summary judgment in federal court action for declaratory relief and breach of contract in
PUBLICATIONS/ARTICLES/NEWS
Legal Periodicals:
“When Environmental Review Under the California Environmental Quality Act Becomes “Groundhog Day”: What’s A Frustrated Developer To Do?” Co-authored with
“Creditors’ Rights Affected by Bankruptcy Judge” CLTA.org Industry News,
“Examining SB 375’s Landmark Regional Land Use Planning Scheme: Is The Sacred Cow of Local Land Use Control Now Roadkill?” Vol. 18, Number 2, November 2008
“When Inconvenient Truths Displace Popular Fictions: What Proposed SB 375 and The
“Thinking Globally When Acting Locally: How
“Thrice More Into The Breach: The Supreme Court Takes on Takings in Kelo,
“A New Era: Punitive Damages Reined In By The
“Of Hidden Treasure and ‘Fool’s Gold’: The California Supreme Court Holds Ancient ‘Subdivision’ Maps Do Not Create Legal Lots.” Co-authored with
“Is Plowing A Point Source Discharge Of Pollutants? The Aftermath Of Borden Ranch,” Summer 2003 issue, American Bar Association’s Natural Resources & Environment journal.
“Compensation For Regulatory Taking Of Property: How Far Can A Regulation Go Before It Goes ‘Too Far’”? Co-authored with Edmund L. Regalia. Volume 13, No. 1, September 2002, Miller & Starr Real Estate Newsalert (
“Planning Agencies’ Newest Hobgoblin: The
“Everybody out of the (Vernal) Pool!? The Army Corps’ Jurisdiction over Isolated Intrastate Waters Dries Up as the
Books:
Chapters 25, “Subdivisions, Land Use Planning and Approvals,” and 25A, “California Environmental Quality Act (CEQA),” Miller & Starr, California Real Estate, 3d Edition (West 2007), revised and rewritten in 2007.
Chapter 25, “Subdivisions”, Miller & Starr, California Real Estate, 3d Edition (West 2001), co-authored with
Chapter 30B, “Community Redevelopment”, Miller & Starr, California Real Estate, 3d Edition (West 2004), co-authored with Basil S. Shiber.
“From Here To Attorney: The Ultimate Guide to Excelling in