Barbara A. Brenner Partner
Overview
Barbara A. Brenner is a partner of White Brenner LLP with extensive experience in the areas of natural resources, environmental, land use, energy and municipal law. Prior to joining White Brenner, Barbara was formerly a partner at Stoel Rives LLP, practicing in their natural resources and environmental group as well as land use. As a leader of the White Brenner team, Barbara advises public and private clients in permitting, regulatory compliance, transactional and litigation matters involving water resources, water quality, endangered species, land use, energy, eminent domain and general municipal matters. She currently serves as General Counsel to Rio Linda-Elverta Community Water District, Grizzly Flats Community Water District and Reclamation District 799, and Special Counsel to the cities of Arroyo Grande, Banning, San Bruno, Dixon and Patterson, as well as to Camrosa Water District, Merced Irrigation District, San Joaquin County, and San Miguel Community Services District.
In the area of water resources, Barbara has extensive experience with the protection and acquisition of water resources, water contract interpretation and negotiations, water supply planning and assessments, aquifer storage and recovery, water transfers and water quality. Barbara’s in-depth experience in water law allows her to represent water districts and other purveyors, growers, ranchers, and other rural landowners, as well as various industry clients, including those involved in the agricultural, timber, renewable energy, and land use and development sectors that are addressing California’s myriad of water supply and quality challenges.
Within her natural resources practice, Barbara assists clients with the state and federal Endangered Species Acts, wetlands, land conservation permitting, and related litigation. She has assisted private and public interests with the evaluation of Habitat Conservation Plans, Natural Community Conservation Plans, Biological Opinion consultations, California Incidental Take Permits, 404 individual permits, timber harvest plans, and conservation easements.
Barbara’s land use practice includes representing private land owners, developers, and public agencies in matters involving local government planning and zoning, Coastal Act permitting, CEQA and NEPA compliance, Clean Water Act compliance, land development strategy, eminent domain and related litigation.
Barbara’s municipal practice includes serving as general and special counsel to special districts, joint power agencies, cities, and counties. Barbara regularly advises on compliance with the Brown Act, Public Records Act, Public Contract Code, as well as various other laws impacting public agencies.
If not a lawyer… I would open a bar or dive shop in Mexico or Central America, somewhere very remote and on the beach, where I could meet people from all different places while they are appreciating the underwater world.
Projects
- General Counsel to Rio Linda-Elverta Community Water District, Grizzly Flats Community Water District, and Reclamation District 799
- Special Counsel to the cities of Arroyo Grande, Banning, San Bruno, Dixon, and Patterson, as well as to Camrosa Water District, Merced Irrigation District, San Joaquin County, and San Miguel Community Services District
- Lead counsel for an irrigation district through the federal and state entitlements for the development of a water banking project, including state and federal endangered species consultation
- Assisting a biomass project through the land use permit approval process involving CEQA compliance and air permitting including subsequent legal challenges to the favorable permits obtained
- Represented a private enterprise in the development of a unique water project in Northern California involving a number of regulatory agencies, permits, administrative hearings, and litigation (CalFed In-Delta Storage Project)
- Represented City in its damage claim resulting from California Department of Fish and Game’s pike eradication program at Lake Davis
- Special Counsel to City for conjunctive use program
- Lead endangered species counsel for a variety of solar and wind projects
Credentials
- L.L.M., Pace University School of Law
- J.D., University of the Pacific, McGeorge School of Law
- B.A., Sonoma State University
- Member, American Bar Association, Natural Resources, Environmental and Litigation Sections, 1984-Present
- Member, Agribusiness Subcommittee Business Law Section, State Bar of California, 2011-Present
- Member, Referendum Review Committee, California Women Lawyers
- Member, Legal Committee, Association of California Water Agencies, 2010-2012
- Member, Federal Committee, Association of California Water Agencies, 2007-2009
- Member, California Building Industry Association
- Member, American Council of Engineers of California, Water Resources and Land Use Planning Committees
- Board Member, Placer Land Trust
- Selected by her peers for inclusion in The Best Lawyers™ in America 2018-2021 Editions, Environmental Law and Natural Resources Law
- Northern California Super Lawyer
- Martindale-Hubbell® Distinguished℠ Rated
- Top Lawyers, Sacramento Magazine
Articles
- “California Agribusiness Laws Enacted in 2015” (co-author), Business Law News, Annual Review 2016
- “The Bay Delta Conservation Plan: Where Does It Stand?” (co-author), Western Water Law & Policy Reporter, Jan. 2011
- “State Supreme Court Sets Environmental Baseline” (co-author), The Daily Journal, Apr. 1, 2010
- “State Water Resources Control Board Initiates First Step Toward Developing Flow Criteria for the Delta Ecosystem,” Dec. 22, 2009
- “The California Water Deal of 2009: A Look at the Land Use Implications,” Webinar materials, Dec. 10, 2009
- “One Large Step Forward: The California Water Deal of 2009 – A Look at the Historic New State Water Legislation” (PDF), Dec. 4, 2009
- “The California Water Deal of 2009,” Webinar Materials (PDF), Nov. 19, 2009
- “The California Water Deal of 2009: An Historic Turning Point,” Nov. 9, 2009
- “California Seeking to Streamline Solar Plant Permitting” (PDF), June 1, 2009
- “California Regulatory Alert: Office of Planning and Research Holds Workshop on Draft CEQA Guidelines for Greenhouse Gas Emissions,” Feb. 4, 2009
- “Newly Issued California Executive Order Requires Energy Retailers to Deliver 33% of Electrical Energy from Renewable Resources by 2020 and Establishes Facilitating Procedural Framework,” Nov. 25, 2008
- “Recent California Environmental Legislation,” Environmental Law Alert, Nov. 7, 2008
- “FERC Re-Asserts OCS Jurisdiction for Hydrokinetic Projects,” Ocean Law Alert, Oct. 22, 2008
- “FERC Comments on the OCS Alternative Energy/Alternate Use Rule Proposed by MMS,” Ocean Law Alert, Sept. 9, 2008
- “Executive Order S-14-08 and AB 64: California’s Attempt at One-Stop Permitting for Solar Energy in the California Desert,” Solar Industry Magazine, June 2009
- “Water – Know Your Rights,” Wine Business Monthly, Dec. 2008