Published on: January 1, 2009

JMBM Development Rights: JMBM Lawyer Wins Attorneys’ Fees for Client in CEQA Lawsuit Defense

On November 14, 2008, federal court Judge A. Howard Matz of the United States District Court,
Central District of California, awarded JMBM’s client, CEMEX, the full amount of attorneys’ fees requested for its defense of a California Environmental Quality Act (CEQA) lawsuit.

The attorneys’ fees were incurred in the last round of litigation involving actions brought against CEMEX with respect to a proposed sand and gravel quarry in Southern California. In this action, JMBM successfully defended the adequacy—under CEQA—of an environmental impact report prepared by the County of Los Angeles. JMBM sought and obtained on behalf of CEMEX, a substantial award of attorneys’ fees.

CEMEX is a worldwide producer of cement, ready-mix concrete and aggregates. For more information on this case and JMBM’s capabilities in representing construction and building materials companies, contact JMBM’s Environmental Group co-chair, Kerry Shapiro at 415.984.9612 or at KShapiro@jmbm.com.

Kerry Shapiro

Kerry Shapiro
is the Chair of JMBM's Natural Resources and Mining Group and co-chairs its Construction and Building Materials Group. Kerry serves as General Counsel to the California Construction and Industrial Materials Association (CalCIMA), and chairs the association's Legal Action Committee. He has represented the mining industry on mineral extraction and land development projects for over 25 years, providing legal services on government, land use, environment, and natural resources matters, at federal, state, and local levels. His experience includes securing entitlements for the largest federally-approved sand and gravel project in the United States, obtaining the first vested rights confirmation from the California State Mining and Geology Board for the largest aggregate deposit in California, and successfully representing mining companies before the Ninth Circuit Court of Appeals and state courts of appeals on mining, CEQA and federal endangered species matters. Contact Kerry at 415.984.9612 or KShapiro@jmbm.com.

Daniel Quinley

Daniel Quinley
is an environmental and land use lawyer who represents clients in complex regulatory, permitting, policy, and litigation arenas. He has extensive experience with protected species, including state and federal regulatory processes. His practice also emphasizes water resources, including water rights; municipal, state, and federal water supplies; Indian water law; water transfers and use; groundwater issues; and water quality. Contact Dan at DQuinley@jmbm.com or 415.984.9639.