Miller Starr Regalia

ASSOCIATIONS
Art is a LEED Accredited Professional and is currently Vice Chair of the Diablo East Bay Branch of the U.S. Green Building Council’s Northern California Chapter.  He has served as a member of the Bay Area Economic Forum's CEQA Work Group, and is an Advisory Board Member of the California Land Use Law and Policy Reporter (Argent Communications).

Art taught Land Use Planning as an Adjunct Professor at McGeorge School of Law in Spring 2002, and has served numerous years as a speaker/panelist on CEB's annual Recent Developments in Real Property Law Practice panel, serving as moderator in 2002.

In addition to his contributions in the courtroom and the classroom, Art has published and presented extensively. He has written dozens of articles for law reviews, legal periodicals, and other publications, as well as authoring the chapters “CEQA” and “Subdivisions, Land Use Planning, and Approvals” in Miller & Starr, California Real Estate, Third Edition.  He is co-author of the Miller & Starr Chapter on Community Redevelopment, and the Book, “From Here To Attorney! The Ultimate Guide To Excelling In Law School And Launching Your Legal Career.”

Art Coon has been listed among Northern California’s "Superlawyers," for the last six years.

REPRESENTATIVE LAND USE AND ENVIRONMENTAL MATTERS
BordenRanch Partnership and Tsakopoulos v. U.S.Army Corps of Engineers, et al., 261 F.3d 810 (9th Cir. 2001); U.S.Supreme Court, Case No. 01-1243. 
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 December 10, 2002, but deadlocked on a 4-4 vote, with Justice Kennedy not participating.

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, Aug 3, 2001) 91 Cal.App.4th 432. 
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. Napa County Division of Environmental Health, Upper Valley Disposal Services, Real Party in Interest. 
Successfully defended CEQA and California Integrated Waste Management Act legal challenges to Local Enforcement Agent's (LEA) notice and order regarding operation of a grape pumice composting facility.  The LEA issuing the order was the Napa County Division of Environmental Health.  The facility was kept open and operating for benefit of the County (the facility processed a majority of the County's major agricultural waste, grape pumice) during the entire litigation.

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 CGL insurance coverage dispute.  District court held CGL insurers had duty to defend, and to indemnify for restorative injunctive relief awarded U.S. Government, in underlying action under Federal Clean Water Act (the Borden Ranch case) against insured farmer based on alleged discharges of "pollutants" (i.e., native soil) by his plowing ranch land in areas of seasonal wetlands to plant vineyards.  Case involved complex insurance issues concerning the applicability of the "absolute pollution exclusion" and "as damages" limitation of CGL policies in context of Federal environmental laws.

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 Carolyn Nelson Rowan.  Miller & Starr Real Estate Newsalert (Thomson West).

“Creditors’ Rights Affected by Bankruptcy Judge” CLTA.org Industry News, January 19, 2010.

“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 California Land Use Law & Policy Reporter (Argent Communications Group).

“When Inconvenient Truths Displace Popular Fictions:  What Proposed SB 375 and The California Legislation Addressing Climate Change Reveal About Local Land Use Planning and Control.”  Volume 18, No. 4, March 2008, Miller & Starr Real Estate Newsalert (Thomson West).

“Thinking Globally When Acting Locally:  How Will CEQA Adapt to A Changing Environment?”  Co-authored with Kristina D. Lawson, Vol. 25, No. 2, 2007, California Real Property Journal, State Bar of California.

“Thrice More Into The Breach:  The Supreme Court Takes on Takings in Kelo, San Remo and Lingle.”  Co-authored with Ethan K. Friedman.  Vol. 14, Number 11, August/September 2005, California Land Use Law & Policy Reporter (Argent Communications Group).

“A New Era: Punitive Damages Reined In By The United States Constitution”. Co-authored with Edmund L. Regalia. Volume 15, No. 1, September 2004, Miller & Starr Real Estate Newsalert (Thomson West).

“Of Hidden Treasure and ‘Fool’s Gold’: The California Supreme Court Holds Ancient ‘Subdivision’ Maps Do Not Create Legal Lots.” Co-authored with Douglas M. Smith. Volume 13, No. 5, May 2003, Miller & Starr Real Estate Newsalert (Thomson West).

“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 (Thomson West).

“Planning Agencies’ Newest Hobgoblin: The Napa Citizens Case Shifts General Plan Vertical Consistency Analysis From ‘Clear Conflict’ To Adequate ‘Implementation’.” Volume 11, No. 4, December 2001, California Land Use Law & Policy Reporter (Argent Communications Group).

“Everybody out of the (Vernal) Pool!? The Army Corps’ Jurisdiction over Isolated Intrastate Waters Dries Up as the U.S. Supreme Court Shoots Down the ‘Migratory Bird Rule’.” Volume 10; No. 7, March 2001, California Land Use Law & Policy Reporter (Argent Communications Group). Revised and reprinted in Volume 5, No. 7, May 2001, issue of Western Water Law & Policy Reporter (Argent Communications Group).

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 Harry D. Miller.

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 Law Schooland Launching Your Legal Career.” (1993 Professional Publications, Inc.) Co-authored with J. Robert Arnett III and Michael Di Geronimo.