Phone:		510.834.6600
Fax:		510.808.4656
E-mail:		BFlushman@wendel.com

Practice Areas

• Environmental
• Land Use
• Litigation
• Green Business
  
  

Experience

Bruce Flushman represents public and private interests regarding compliance with environmental (wetland, water quality, hazardous and solid waste, forest practices, clean air and land use) laws and regulations, in obtaining federal, state, or local land use and permits or entitlements and in related litigation. As litigation counsel he has handled a wide variety of trial and appellate matters involving environmental and natural resource regulation, land title, boundary determination, insurance coverage, water rights and water quality, financial, real estate and securities regulation and commercial disputes including litigation as outside counsel for the State of Alaska against a major oil company ultimately resolved for a ten figure amount. As a public lawyer, Bruce was the litigation counsel for the California State Lands Commission in some of its major title, boundary, water rights, off-shore boundary and Indian title litigation, including an original jurisdiction case before the U.S. Supreme Court.

Bruce has also represented a variety of commercial entities in the sale or transfer of the control or assets of businesses.

Clients include: major port, food processing and natural resource companies, industrial facility owners/operators, manufacturers, private and public owners/developers of real property, regulated businesses.

Admissions

• State Bar of California
• U.S. District Court - all California districts
• Ninth Circuit Court of Appeals
• California Supreme Court
• U.S. Supreme Court
  

Affiliations

• State Bar of California, Litigation Section
• American Bar Association, Natural Resources, Energy & Environmental Law Section
• Bar Association of San Francisco
• Association of Business Trial Lawyers (Northern California)
• Federal Bar Association, Treasurer, Executive Committee
  
  

Publications

• Books
  
  • "Water Boundaries: Demystifying Land Boundaries Adjacent to Tidal or Navigable Waters" John Wily & Sons, 2001
    
• Articles
  
  • "Unintended Consequence of the Budget Crisis - The Spectre of the Vigilante," Wendel Rosen Client Update, May 28, 2008
  • "Not So Smooth Sailing for Wetlands Regulation," The Recorder, Environmental Law section, co-author with Wendy L. Manley, Spring 2008
  • "Difficulties of Post-Rapanos Wetland Guidance Prompt Extension of Comment Period" Wendel Rosen Client Alert, November 30, 2007
  • "California Air Resources Board May Require Greenhouse Gas Emission Reports in 2009" Wendel Rosen Client Alert, November, 2007
  • "Post-Rapanos Guidance From Corps and EPA: 'You Figure It Out'" co-author with Wendy L. Manley, Wendel Rosen Client Alert, June 2007
  • "Environmental Roundtable," participant, California Lawyer, February 2007
  • "Siting and Permitting Ocean Energy Projects," co-author, Natural Gas and Electricity, Vol. 23, Issue 5, November 2006
  • "Fractured Court Fails to Clarify Scope of Federal Wetlands Regulation," co-author, California Real Estate Journal, July 3, 2006
  • "Aqua-Fresh, A New Storm Water Regulation Compliance Date is Looming," co-author, Los Angeles Daily Journal, 1997
  • "Aboriginal Title: The Special Case of California," Pacific Law Journal, 1986
    

Speaking/Teaching

• "Land Use Law: Current Issues in Subdivision, Annexation and Zoning," co-presenter with Greggory C. Brandt, National Business Institute, December 12, 2007
• "Regulatory Framework for Siting of Ocean Energy Projects" OceanEnergy 2007 (Hawaii)
• "Regulatory Reform Needed to Deliver and Expedite Critical Infrastructure Projects Related to Safety" at the Bay Planning Coalition's 19th Annual San Francisco Bay Decisionmakers Conference, Sustaining Our Public Infrastructure, March 2006
• "Post-Katrina Regulatory Response to Disasters and Regulatory Reform" at the Bay Planning Coalition's 18th Annual San Francisco Bay Decisionmakers Conference, March 2005
• MCLE speaker regarding Demonstrative Evidence, Document Management in Litigation; Proposition 65; Insurance Coverage; Voire Dire (1989 - 2006)
• Managing Electronic Discovery (CLE for environmental consultants) 2006
• Voire Dire for the Fatty Arbuckle Trial, The Edward J. McFetridge American Inn of Court (2006)
• MCLE Presenter, State Bar of California MCLA Roundtable San Dieg
• Guest lecturer on Environmental Law, University of California at Berkeley, Department of Geology
• "Beyond Compliance: Is Your Company Ready for an Oil Spill in the San Francisco Bay?", Bay Planning Coalition Forum
  
  

Education

• University of California, Berkeley, Boalt Hall School of Law; J.D. (1968)
• University of California, Berkeley; A.B. (1965)