Lands Letter - 07/27/2004 (Plain Text Version)

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In this issue:
Mississippi Home Builders Win Impact Fee Case
Upcoming Conference on Land Use, Discrimination, and the Fair Housing Act
Texas Takings Victory
Texas Supreme Court Gives, But Decides Not To 'Take'
Are You Using the LANDS Online Membership Directory?
A Storm Water Permit Is Not Required Simply For Disturbing Land
Welcome New LANDS Members!
New Eminent Domain Law in Effect in Massachusetts
Court Declines To Delist Pygmy-Owl, Although Listing Declared Arbitrary
Another Court Upholds Endangered Species Act Ruling, But . . .
Legislative Update
LANDS Member Profiles
Two Recent LANDS Conferences Focus on Developers Nationwide

LANDS Member Profiles

The following is a regular column highlighting active LANDS member attorneys.

Steven H. “Steve” Smith is a solo practitioner in Jackson, Mississippi where he focuses his law practice on various municipal, land-use, state and local planning, zoning and permitting matters along with construction and corporate litigation. Steve has represented numerous builders and developers in projects involving planned communities, commercial, residential and industrial properties. Steve represents the State Home Builders Association for the State of Mississippi along with other local and regional builders and developers on an ongoing basis. Steve recently represented the Home Builders Association of Mississippi in its successful attempt against Ocean Springs, Mississippi regarding the adoption and implementation of “impact fees”. Steve is a graduate of the University of Mississippi Undergraduate School where he holds a B.A. degree (1976) in management and the University of Mississippi Law School (1979). Steve is a member of the Hinds County and State of Mississippi Bar Associations, the Mississippi and American Trial Lawyers Associations, 5th Circuit Court of Appeals, and United States Supreme Court Bar.

Robert D. Thornton is a partner in Nossaman, Guthner, Knox & Elliott L.L.P in its Irvine, California office. He has practiced environmental law for 26 years. He has represented landowners, developers, timber companies and public agencies on dozens of natural resource and endangered species matters. He is currently representing the National Association of Home Builders and affiliates in four Endangered Species Act litigation matters.

Mr. Thornton acted as lead counsel in a large number of ESA litigation matters. (Endangered Species Committee v. Babbitt, 852 F.Supp. 32 (D.D.C. 1994) [holding that Fish and Wildlife Service violated ESA in listing of coastal California gnatcatcher]; Natural Resources Defense Council, Inc. v. United States Department of Interior, United States District Court, Central District, Case No. CV 93 5909 LHM (Sx) [successful defense of biological opinion for $1 billion transportation project]; The Laguna Greenbelt, Inc. v. United States Department of Transportation, 42 F.3d 517 (9th Cir. 1994) [holding that EIS for transportation project within habitat of threatened species complied with NEPA]; Spirit of the Sage Council v. Babbitt (United States District Court, District of Columbia [representation of intervenor-defendants in action by environmental groups challenging “No Surprises” rule]; Building Industry Legal Defense Foundation v. Norton, 231 F.Supp.2d. 100 (D.D.C. 2002) [successful challenge to designation of critical habitat for arroyo southwestern toad and Riverside fairy shrimp]; National Resources Defense Council v. U.S. Dep’t of the Interior, CV 99-5246 SVW (CTx) (D.C. Cal. June 11, 2002) [successful challenge to designation of critical habitat for California gnatcatcher and San Diego fairy shrimp); Center for Biological Diversity v. Federal Highway Administration, 290 F.Supp.2d 1175 (S.D. Cal. 2003) [successful defense of private toll road project against ESA, NEPA and Clean Water Act challenges].

Between 1977 and 1980, Mr. Thornton served as Majority Counsel to the House of Representatives Subcommittee on Fisheries and Wildlife Conservation and the Environment. In that capacity, he drafted and negotiated the major amendments to the Federal Endangered Species Act enacted in 1978 and 1979. After entering private practice, Mr. Thornton successfully advocated the enactment of the habitat conservation plan provisions of the 1982 amendments to the ESA. He is recognized as the leading expert on habitat conservation plans and has worked on over two dozen HCPs.

Mr. Thornton is the author and co-author of numerous articles on environmental law, including San Bruno Mountain Habitat Conservation Plan in Managing Land Use Conflicts (Duke University Press, 1987); Searching for Consensus and Predictability: Habitat Conservation Planning Under the Endangered Species Act of 1973, 21 Environmental Law 605 (1991); Takings Under Endangered Species Act Section 9, 4 Natural Resources & Environment (Spring 1990); The Search For A Conservation Planning Paradigm: Section 10 of the ESA, 8 Natural Resources & Environment 21 (Summer 1993); Habitat Conservation Planning, in Developer’s Guide to Endangered Species Regulation (Nat’l Assn. of Home Builders 1996); and Contractual Ecosystem Management Under the Endangered Species Act: Can Federal Agencies Make Enforceable Commitments?, 26 Ecology Law Quarterly 489 (1999).