David Waite

Biografía: January 2008 David Waite has practiced environmental, land use and municipal law for over 20 years. His environmental practice includes complex environmental litigation, including CERCLA cost recovery actions, RCRA citizen's suits and Proposition 65 litigation. David advises clients on complex brownfields transactions involving environmentally contaminated property. His land use and real estate development practice includes zoning, CEQA compliance and California Subdivision Map Act proceedings. David has litigated actions involving vested property rights under California law. He regularly appears before City Planning Commissions, City Councils and other government agencies on land use entitlement and regulatory proceedings. Professional Accomplishments Environmental matters: Defense of hotel and apartment owners and operators in Proposition 65 litigation involving secondhand tobacco smoke Defense of restaurant owners and operators in Proposition 65 litigation involving claimed exposures to mercury in fish and seafood Prosecution of RCRA citizen's suit for injunctive relief on behalf of the City of La Habra against the County of Orange at a closed landfill site Representation of golf course owner and operator in dispute with County of Orange regarding responsibility for implementation of landfill gas control system Prosecution of CERCLA cost recovery action on behalf of property owner against lessee of former gun range facility located in the City of Huntington Beach Environmental transactional due diligence on portfolio of 250 golf course properties in connection with the sale of National Golf Property assets Defense of 29 municipalities in cost recovery litigation under CERCLA involving the Operating Industries, Inc. Superfund site Defense of importer of vinyl miniblinds in "Proposition 65" lead litigation brought by California's Attorney General Representation of residential developer in dispute with Los Angeles County Sanitation Districts involving the adequacy of landfill's environmental control systems Land Use matters: Prosecution of CEQA challenge against the City of Brea for failure to prepare an EIR in connection with the adoption of a hillside protection ordinance Securing entitlements and environmental clearances to develop controversial 369 acre/250 unit residential hillside subdivision in the City of Brea Securing multi-jurisdictional entitlements and environmental clearances to develop "Spring Mountain Ranch," a multi-phased 750 acre/1,500 unit master-planned community in Riverside County Securing multi-jurisdictional entitlements and environmental clearances to develop "Springbrook Estates," a 200 acre/650 unit master-planned community in Riverside County Securing entitlements and environmental clearances to develop a multi-phased 500 acre/2,000 unit master-planned community in Fresno County Securing entitlements and environmental clearances from the City of Redlands for regional shopping center Securing entitlements and land use approvals for a variety of condominium conversion projects located throughout Southern California Representation of property owner in the acquisition and repositioning of a 650 unit apartment project located in Lakewood Securing entitlements and clearances from Culver City to develop an educational campus for developmentally disabled children On behalf of the City of Huntington Beach, opposing restart of 1950's-vintage power plant; obtaining restrictions on permit duration and required sale of energy under contract with California Department of Water Resources On behalf of local homeowners, successfully opposing siting of power plant in Baldwin Hills State Park potentially ruinous of state's $50 million investment in unique urban parklands Representing lender in connection with proposed financing of the Playa Vista master planned community located in Los Angeles Prosecution of inverse condemnation action against the City of San Diego for regulatory taking of property located in the San Dieguito River Valley Prosecution of breach of contract action against the City of Thousand Oaks for breach of a development agreement Prosecution of action against the City of Calabasas, the Santa Monica Mountains Conservancy, and the Las Virgines Municipal Water District for breach of a development agreement and vesting maps Representation of owner of commercial property located in historic Hollywood in a CEQA challenge directed to the CRA's findings related to the adequacy of parking facilities Defense of CEQA challenges against the SCAQMD and the City of Rialto for construction of resource recovery facility Defense of property owner in condemnation proceedings brought by the Burbank-Glendale-Pasadena Airport Authority on the grounds that the entity failed to comply with CEQA prior to adopting resolution of necessity Prosecution of mandamus and inverse condemnation action against the City of Irwindale on behalf of the quarry operator arising out of City's unlawful denial of quarry expansion application Professional Associations Public Counsel Westside Urban Forum Board member, Los Angeles Headquarters Association Town Hall Los Angeles Western States Petroleum Association Urban Land Institute, Los Angeles District Council, Executive Committee Southern California Development Forum Southern California Real Estate Alliance American Bar Association's Natural Resources, Energy and Environmental Law Sections Los Angeles County Bar Association's Environmental Law and Litigation Sections, Barristers Program Member of Board of Governors, Century City Bar Association Admitted To Practice State Bar of California Education J.D., Georgetown University Law Center, 1986 B.A., New York University, 1983 Publications "No Further Action: Relaxed Cleanup Standards and New Limits on Judicial Rights Require Integration of Regulatory Compliance and Offensive Cost Recovery Claims," Real Estate/Environmental Liability News, Vol. 8, No. 12, 1997 "Gas Light," Los Angeles Daily Journal, 1997 "Lending Some Cheer," Los Angeles Daily Journal, 1997 "Going Around in CERCLA," American City and County, 1993 "Twisting the Superfund So Cities Pay the Toxics Bill," The Sacramento Bee, 1992 "Super Suit Tries to Trash Area Cities," Pasadena Star News, 1992