Aaron Foxworthy

Associate

Overview
Experience
Memberships
Articles

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

Areas of Practice

Mr. Foxworthy advises public and private property owners on questions of federal and state land use and natural resource law. At the federal level, this includes regulatory programs administered under the Clean Water Act and Endangered Species Act and accompanying procedural requirements of the National Environmental Policy Act. And at the state level, this includes regulatory programs administered under the California Endangered Species Act, Porter-Cologne Water Quality Control Act, Fish and Game Code § 1600 (California Lake and Streambed Alteration Notification requirements), the Coastal Act and McAteer-Petris Act (San Francisco Bay Conservation and Development Commission) and accompanying substantive and procedural requirements of the California Environmental Quality Act. Mr. Foxworthy has also assisted with agreements guiding the exchange of tidelands encumbered by the public trust.

Education

J.D., University of California, Hastings, 2002, Executive Editor, West Northwest Journal of Environmental Law and Policy
B.A., University of California, Berkeley, 1997

Admissions

District Court of California, Northern District
Ninth Circuit Court of Appeals

Representative Matters

Schaefer Ranch - Dublin, California. For a 500-acre master-planned community, assisted in obtaining Clean Water Act Section 404 Individual Permit and Section 401 Water Quality Certification, Endangered Species Act Section 7 Biological Opinion, Order of Waste Discharge Requirements pursuant to Porter-Cologne Water Quality Control Act and Streambed Alteration Agreement pursuant to California Fish and Game Code Section 1602. Negotiated conservation easements covering onsite and adjacent, actively grazed mitigation property and negotiated donation agreement of project open space to East Bay Regional Parks District.
Silva Ranch – Sacramento County, California. Assisting in obtaining necessary approvals for the implementation of a wetland and vernal pool restoration plan for 600-acre former cattle operation. Assisted in successful administrative appeal of the Army Corps of Engineers' determination that 230 acres of irrigated pastures on the property constituted jurisdictional wetlands that would require a Clean Water Act Section 404 permit. The property is planned for restoration and creation of vernal pool and wetland habitat for federally listed endangered and threatened vernal pool species.
Steckler-Pacific Houseboat Marina – Sausalito, California. Assisted in advising marina owner on application to San Francisco Bay Conservation and Development Commission for reauthorization of Bay fill for existing marina, and assisted in drafting and negotiating agreement for the exchange of public trust and non-trust tidelands between client, State of California and County of Marin.
Headlands Reserve - Dana Point, California. Advised property owner on application to California Coastal Commission for Local Coastal Plan Amendment serving an 121-acre coastal commercial and residential project, including authorization for limited impacts to Environmentally Sensitive Habitat Areas (ESHAs) pursuant to Coastal Act balancing provisions, PRC § 20007.5.
Mr. Foxworthy has assisted for the past two years in preparing the Endangered Species Act Regulatory And Case Law Update presented at CLE International's Annual Conference on the Endangered Species Act and Habitat Conservation Planning.

Memberships

American Bar Association, Environment and Natural Resources Section
San Francisco Bar Association, Real Estate and Environment Committees
Member, San Francisco Planning and Urban Research
Committee Co-Chair, Journal's 2001 Symposium, The Costs and Benefits of Implementing Smart Growth Proposals

Articles

Mr. Foxworthy has discussed several topics of interest to property owners on his Practice Group's web log, including the evolution of the United States Supreme Court's decisions in the Rapanos and Carabell cases covering the extent of Federal jurisdiction over the fill of wetlands and non-navigable waters, the United States Army Corps of Engineers' Field Guidance for applying the Rapanos Decision to determinations of jurisdictional wetlands and non-navigable waters, and the conservation strategy for Santa Rosa Plain population of the California tiger salamander (a federally listed threatened species)
Co-author, How to Identify a Practicable Alternative Under Section 404 of the Clean Water Act. Presented at 2007 California Wetlands Seminar, CLE International.
Mr. Foxworthy was assistant author of the article Airport Development After 9/11 — Current Federal Thinking May Land Short of Its Congestion Reduction Goals, Issues in Aviation Law and Policy 20,201 (2002)

Real Estate & Construction Law Blog Articles