Flushman, Bruce S.

Bruce S. Flushman
Attorney

t: 510.834.6600
f: 510.808.4656
bflushman@wendel.com

Education

University of California, Berkeley, School of Law; J.D.

University of California, Berkeley; A.B.

Admissions

State of California

  • Profile
  • PRACTICE HIGHLIGHTS
  • AFFILIATIONS
  • Recognition
  • INSIGHTS

Bruce is a highly regarded litigation attorney specializing in environmental and land use matters. He has extensive experience successfully representing a broad spectrum of clients with challenging issues in high-stakes litigation and complex real estate and business transactions.

Environmental

A former head of the firm’s Environmental practice, Bruce represents public and private interests in matters of compliance with environmental laws and regulations, in obtaining federal, state, or local land use and permits or entitlements, and in related litigation. He has deep insight into wetland, water quality, hazardous and solid waste, forest practices, clean air, and land use issues.

Litigation

As litigation counsel, Bruce handles a wide variety of trial and appellate matters involving environmental and natural resource regulation, land title or property boundary determination, insurance coverage, water rights and water quality, financial, real estate and securities regulation and commercial disputes. He was outside litigation counsel for the State of Alaska in litigation against a major oil company that ultimately resolved for a $1.1 billion settlement.

As a public lawyer, Bruce previously was litigation counsel for the California State Lands Commission in some of its major title, water rights, off-shore boundary and Indian title matters, including an original jurisdiction case before the U.S. Supreme Court.

Areas of focus and influence

Bruce also has  represented a variety of commercial entities in the sale or transfer of the control of businesses or in acquisition or disposition of real property. His clients include major port, food processing and natural resource companies, industrial facility owners/operators, manufacturers, private and public owners/developers of real property, and various regulated businesses.

  • Bruce served as 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.
  • 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).)

 

Alameda County Bar Association

  • Selected for inclusion in Northern California Super Lawyers magazine, 2006-2017
  • 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
  • Daily Journal Top 25 California Land Use Lawyers, 2011
  • AV® Preeminent™ rated by Martindale-Hubbell. AV is a registered certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedure’s standards and policies.
Featured Writing

Bruce is the author of the widely used 2001 reference book Water Boundaries: Demystifying Land Boundaries Adjacent to Tidal or Navigable Waters, John Wiley & Sons.

In addition, his article “Aboriginal Title: The Special Case of California,” Pacific Law Journal, 1986, is a frequently used resource on the topic.

 

 

Publications

Waters of the U.S. – The Tide of Uncertainty Rises Again

Waters of the U.S. – The Tide of Uncertainty Rises Again

03/07/2017 | Wendy L. Manley

The controversial definition of “Waters of the United States” (WOTUS), which establishes the reach of federal jurisdiction under the Clean Water Act, has been thrust in a new direction. On…

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Education

University of California, Berkeley, School of Law; J.D.

University of California, Berkeley; A.B.

Admissions

State of California