Bruce S. FlushmanAttorneys

Wendel Rosen Black & Dean LLP 1111 Broadway, 24th FloorOakland, CA 94607
TEL:
510.834.6600
FAX:
510.808.4656
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Profile

Bruce Flushman is the immediate past leader of the Environmental Practice Group. He 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. Bruce was outside litigation counsel for the State Alaska in litigation against a major oil company ultimately resolved for a ten figure amount. As a public lawyer, Bruce was litigation counsel for the California State Lands Commission in some of its major title, boundary, water rights, off-shore boundary and Indian title matters, 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 or acquisition or disposition of real property.

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.

Experience

  • Assisted a Northern California refinery with environmental permitting and compliance issues, as well as taking the lead on environmental due diligence matters for a possible sale of the facility.

  • Representing owners of coastal property, obtained a ruling from the California Court of Appeal, that a State Lands Commission policy restricting coastal development was an illegal, underground regulation and could not be used to prevent the landowners from developing their property. (Bollay v. California Office of Administrative Law, et al., California Court of Appeal Case No. C 063268 (Sacramento County Superior Court Case No. 34-2008-80000072).)

Publications

Book
  • "Water Boundaries: Demystifying Land Boundaries Adjacent to Tidal or Navigable Waters," John Wiley & Sons, 2001


Articles
  • "Greenhouse Gas Nuisance Case to be Heard by Supreme Court," Wendel Rosen Client Update, December 6, 2010
  • "Piecemeal Greenhouse Gas Regulation Could Hurt Regulation," San Francisco Daily Journal, June 5, 2008
  • "Environmental Roundtable AB32," 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
  • "Katrina and Rita Do Little to Clarify Water Boundary Laws," San Francisco Daily Journal, November 22, 2005 (with Lilly Santaniello)
  • "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

 

Available Articles:

Speaking & Teaching

  • "Electronic Discovery - A View from the Trenches," 2008
  • "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)
  • "Climate Change - What it Means to Your Business," Alameda County Bar Association, 2007
  • "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 2007
  • "Post-Katrina Regulatory Response to Disasters and Regulatory Reform" at the Bay Planning Coalition's 18th Annual San Francisco Bay Decisionmakers Conference, March 2006
  • 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 MCLE Roundtable San Diego
  • 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

 

Featured Presentations:

Recognitions & Related News

Recognitions:

  • Daily Journal Top 25 California Land Use Lawyers, 2011
  • Wendel Rosen's Environmental Practice Group selected as one of top three in the San Francisco Bay Area in The Recorder's 6th Annual "The Best" survey, 2012 
  • Selected for inclusion in Northern California Super Lawyers magazine, 2006-2014
  • AV® Preeminent™ rated by Martindale-Hubbell*

 

Related News:

 

*AV is a registered certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedure's standards and policies