Amy Nefouse, a partner in DLA Piper’s Real Estate group based in Los Angeles, concentrates her practice on real estate development in California.

She has represented developers and municipalities in litigation involving California Environmental Quality Act (CEQA), National Environmental Policy Act (NEPA), wetlands, California Planning and Zoning Law, the California Subdivision Map Act, endangered species, historic preservation and other related state and federal requirements. In addition, she has assisted private developer clients in land use entitlement planning and obtaining the necessary governmental approvals and permits for their projects, including the preparation of EIRs, EISs and development agreements.

Ms. Nefouse has worked on a broad range of projects, including commercial, residential, office, hotel, landfill, power plant, schools and open space/park projects. She also has experience in commercial litigation and environmental compliance counseling.

She has been named the chair elect of the Environmental/Land Use section of the San Diego County Bar Association. In that role, during 2009 and 2010 she will be involved in the administration and planning of regular CLE programs and will coordinate with law student liaisons and other county bar sections.

The respected English publisher Chambers & Partners recognizes her in Chambers USA: America's Leading Lawyers for Business.

Representative Matters

• Representation of Sunset Gordon Investors LLC and Gerding Edlen Development in entitlements for and defense of a lawsuit challenging City of Los Angeles approval of the Sunset Gordon mixed use project in Hollywood. The project consists of a 23-story building with approximately 300 condominiums, 40,000 SF of creative office space, 13,500 SF commercial/retail space, reuse of a 1920s-era building and a public park, all constructed to meet the LEED Gold Standard. The petitioner claimed that the city’s approval of the project violated CEQA and that several zoning variances and a deviation from a parking policy were improper.
• Representation of Mt. Poso Cogeneration Company in obtaining approval from Kern County of a conditional use permit to allow conversion of an existing coal/petroleum coke-fired power plant to biomass fuel (urban and agricultural wood waste), and construction of site improvements to facilitate use of the biomass. The approval included a finding that the project was allowed under existing zoning and was categorically exempt from CEQA.
• Representation of Caruso Affiliated Holdings in entitlement processing for the Miramar Resort and Bungalows project. The project involves demolishing an existing coastal hotel and replacing it with an approximately 200-room resort with ballroom, spa and beach and tennis club. Entitlements approved by Santa Barbara County for the project included revision to a conditional use permit and a Subsequent Environmental Impact Report/Addendum to a Mitigated Negative Declaration. Significant concerns in the project included determining impact on historic resources and water supply as well as flooding issues.
• Representation of IDS Equities in defending a challenge to an EIR Addendum approved by the LA Community Redevelopment Agency for changes to the Metropolis Mixed Use Project in downtown Los Angeles. The project is approximately 3 million SF of development including 836 residential units, 480 hotel rooms and more than 1 million SF of office and retail uses. Mani Brothers v. City of Los Angeles, 153 Cal. App. 4th 1385 (2007).
• Representation of CBL Associates in preparing an EIR, entitlement processing and defense of a CEQA lawsuit in an approximately 775,000 SF commercial development project in El Centro, California.
• Representation of The Irvine Company in preparation of EIRs for two residential development projects, one in Orange (Santiago Hills/East Orange) and one Anaheim (Mountain Park). Together, these projects included entitlements for more than 6,500 residential units, schools, parks, trails, recreational facilities and permanent preservation of open space, on more than 9,000 acres.
• Representation of The Irvine Company in environmental review and CEQA litigation challenging the City of Irvine's approval of the Northern Sphere Project, which included a general plan amendment and zoning for more than 7,000 acres of land to accommodate future development of 12,350 residential units, approximately 7 million SF of commercial, medical and science, and institutional uses, four elementary and middle schools, neighborhood parks and recreational uses, and dedication of more than 4,000 acres of open space. Defend the Bay v. City of Irvine, 119 Cal. App. 4th 1261 (2004).
• Representation of the San Diego Padres baseball team and master developer JMI Realty in preparing a subsequent EIR for a proposed downtown ballpark and related ancillary hotel and residential development, and in litigation matters concerning the proposed project involving CEQA, redevelopment law and eminent domain issues.
• Representation of Cadiz, Inc. in joint preparation with the Metropolitan Water District of Southern California of an EIR/EIS for a large conjunctive use project for storage and transport of Colorado River Aqueduct water and indigenous groundwater.
• Representation of Cousins MarketCenters, Inc. in state and federal litigation challenging the City of San Diego's approval of its mall project in Mira Mesa and the Army Corps of Engineers’ issuance of a Section 404 permit. Issues included CEQA, wetlands, endangered species, the city’s Multiple Species Conservation Program (MSCP) and general plan consistencies.
• Representation of the West Hollywood Community Housing Corporation to defend the City of West Hollywood's approval of its 40-unit apartment project dedicated to low-income persons with AIDS. Litigation involved CEQA and state and local historic preservation law. Citizens for Responsible Development v. City of West Hollywood, 39 Cal. App. 4th 490 (1995).