S. Keith Garner

Keith Garner, AICP, is an associate in the Real Estate, Land Use and Environmental Practice Group in the firm's San Francisco office.

Areas of Practice

Mr. Garner's practice focuses on state and federal environmental laws, land use planning and entitlement procedures, and natural resources permitting issues for large residential, commercial and mixed used development projects. He provides legal and strategic planning advice to clients at every stage of the complex development process, including due diligence for land acquisition, project planning and permitting, regulatory compliance, and land use litigation. He handles a wide range of state and federal regulatory matters, including endangered species, wetlands, water quality and land use issues, initiatives and referendums, and environmental review under the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA), and he frequently manages the interdisciplinary teams needed to address the regulatory requirements and permit conditions.

Prior to joining Sheppard, Mullin, Richter & Hampton LLP, Mr. Garner worked as an urban planner in Boston, Massachusetts and as a research fellow at the Harvard University Center for Urban Development Studies, where he participated in international development and research projects in Eastern Europe, the Middle East, Sub-Saharan Africa and Latin America

Education

• J.D., University of California, Berkeley, School of Law (Boalt Hall), 2001, Managing Editor, California Law Review, Executive Editor, Ecology Law Quarterly
• Master in Urban Planning, Harvard University, 1997, with distinction
• B.A., Stanford University, 1993, with honors

Admissions

• California (Environmental Law Section)
• United States District Court of California, Northern District, and the Ninth Circuit Court of Appeals

Representative Matters

• Project Planning and Permitting. Advised Whispering Hills LLC in the development of a project that included over 150 single-family homes and a high school on approximately 356 acres in San Juan Capistrano. Represented client in the local entitlement and CEQA process and in natural resources permitting, including obtaining water quality certification from the California Regional Water Quality Control Board, negotiating a streambed alteration agreement with the California Department of Fish and Game, completing a Section 7 consultation with the U.S. Fish and Wildlife Service, securing a Section 404 permit from the U.S. Army Corps. of Engineers, drafting conservation easements and resolving Section 106 cultural resource issues with the State Historic Preservation Officer and the U.S. Army Corps. of Engineers.
   
• Due Diligence. Advised major homebuilder in due diligence in acquisition of 1300 acres of land for development of a large master-planned community in San Benito County. Issues investigated included wetlands and endangered species, cultural resources, airport land use plan consistency, zoning and general plan consistency, annexation, agricultural preservation and impacts, water supply and treatment, and growth control. Researched and drafted ballot measure addressing growth control and general plan consistency issues.
   
• Litigation. Successfully defended Diablo Grande Limited Partnership in federal court against a citizen suit challenge to the Diablo Grande project in Stanislaus County involving claims under the Endangered Species Act, the Clean Water Act, and the National Environmental Policy Act.Protect Our Water v. Flowers, 377 F.Supp.2d 844 (E.D. Cal. 2004).
   
• Administrative Advocacy. Represented industry associations opposed to the proposed listing of the California tiger salamander under the California Endangered Species Act. Prepared extensive written comments and testimony before the Fish and Game Commission, which denied listing petitions in 2001 and 2004.

Memberships

• Member, American Planning Association (Planning and Law Division)
• Member, American Institute of Certified Planners
• Member, San Francisco Planning and Urban Research Association (SPUR)
• Member, Urban Land Institute (ULI)

Articles

• "Identifying the LEDPA under the Section 404(b)(1) Guidelines," CLE International 2nd Annual California Wetlands SuperConference, Sacramento, California, January 14 and 15, 2008.
• “Overview of Wetlands Regulation: Federal, State, and Local Regulatory Issues,” CLE International 13th Annual Conference on California Wetlands, Jan. 4-5, 2007 (co-authored with Robert J. Uram).
• California Tiger Salamander Not Threatened With Extinction, November 17, 2003.
• "'Novel' Constitutional Claims:  Rent Control, Means-Ends Tests, and the Takings Clause," 88 Calif. L. Rev. 1547 (2000). 

Speeches

• "Identifying the LEDPA under the Section 404(b)(1) Guidelines," CLE International 2nd Annual California Wetlands SuperConference, Sacramento, California, January 14 and 15, 2008
• "What is an Endangered or Threatened Species? The California Tiger Salamander Debate," CLE International 6th Annual Conference on the Endangered Species Act • Regulatory and Judicial Developments, Costa Mesa, California, May 16-17, 2005
• "Emerging Trends in Municipal Governance, Participatory Processes in the Planning and Management of Local Development: Growth Management in Portland, Oregon," Harvard Graduate School of Design, Center for Urban Development Studies, Executive Training Program on Infrastructure and Partnerships for Local Economic Development, Durban, South Africa, August 2002
• Guest speaker or lecturer on planning and land use issues at Harvard University Graduate School of Design, Stanford University Urban Studies Program, and Golden Gate University School of Law