Project Siting & Land Use

Latham’s project siting and approvals lawyers skillfully guide developers, property owners, investors, utilities, and other clients through the complex regulatory processes necessary to obtain and defend the government approvals, licenses, permits, and other entitlements critical for the development of major real estate, energy, transportation and infrastructure projects.

We work with international, federal, state, regional, and local agencies to obtain environmental, land use, and regulatory approvals for our clients to build every conceivable type of facility. We work with clients from the initial proposal through the defense of project approvals in court and the completion of construction. We assist clients to formulate an overall legal and political strategy for projects, ensuring the environmental review process is undertaken appropriately, building coalitions with stakeholders, ensuring strong administrative records before government agencies to defend against challenges from project opponents, and preparing initiatives, referenda, and other ballot measures.

Our team integrates seamlessly with our project finance, real estate and tax practices to provide efficient, all-encompassing support for major projects and transactions. We regularly secure and defend approvals for energy generation and transmission projects, cutting edge energy transition projects such as carbon capture and sequestration, offshore wind and hydrogen pipelines, oil & gas, mining and critical minerals projects, desalination and water supply projects, high-speed rail and gondola projects, sports and entertainment facilities, refining and manufacturing facilities, ports and airports, mixed-use and multi-family developments, as well as office, hotel, hospital, and other commercial projects.

Latham handles every kind of governmental approval or permit for major development projects, guiding clients and consultant teams through the complex environmental review process required under the National Environmental Policy Act (NEPA), the California Environmental Quality Act (CEQA), and other state environmental assessment laws. We draw on strong working relationships with public officials at all levels of government, including specialized agencies with jurisdiction over development projects.

We routinely secure and defend permits and approvals involving air, water quality and wetlands issues, the federal Endangered Species Act (ESA) and California Endangered Species Act (CESA), zoning, planning, and subdivision controls, historic and cultural resources, and other regulatory regimes. We also routinely help clients secure access to federal lands and waters, onshore and offshore, as well as coordinate and consult with American Indian Tribes on projects located on or otherwise implicating Tribal lands and interests.

California Land Use

Latham also helps land owners and developers, project sponsors, institutions, and utilities in California navigate all local, regional, state, and federal government agencies that may be required to permit and approve projects. From the initial project proposal to the financing and completion of construction, we develop and execute a complete strategy to help clients secure approvals and then defend those approvals.  Working closely with tax, historic preservation and other real estate specialists, we regularly advise clients developing landmark projects in California, including entertainment and sports facilities, retail, office, hotel, residential, mixed-use and other real estate development, universities and secondary campus master plans, as well as desalination, water supply, transportation and energy facilities. Our top notch California litigators routinely handle cases across the State in courts at every level to defend approvals and protect our clients’ interests.