Scott Birkey is an associate in the San Francisco office of Cox, Castle & Nicholson LLP, where he is a member of the Land Use practice group. Mr. Birkey’s practice includes advising clients in connection with the preparation of environmental review documents pursuant to the National Environmental Policy Act (NEPA), the California Environmental Quality Act (CEQA), and Section 404 of the Clean Water Act (CWA). His practice also includes advising clients regarding endangered species and wetlands issues pursuant to the Federal Endangered Species Act (ESA), the California Endangered Species Act (CESA), and Section 404 of the CWA, including habitat conservation plans, incidental take permits, and mitigation requirements. He has advised clients regarding the Porter-Cologne Water Quality Control Act and water rights under California water law.

Mr. Birkey also has litigation experience regarding issues raised under a wide variety of federal and state environmental laws. In addition to his courtroom experience, he has appeared before various administrative agencies, including county boards of supervisors and planning commissions, representing clients in connection with land use approvals and environmental compliance.

Examples of significant land use and environmental engagements in which Mr. Birkey has been involved include: NEPA and CEQA litigation regarding the environmental review of a new container terminal at the Port of Los Angeles; the permitting and development of the proposed UC Merced campus, a new research university to be developed on 910 acres in the Central Valley and an associated master-planned community to be developed on 2,000 acres adjacent to the campus; vineyard expansion projects in Sonoma and Santa Barbara counties; analyzing the effect of anti-growth initiatives on a major homebuilder; and assisting landowners in State Water Resources Control Board proceedings regarding diversions of water for bottling and sale.

Mr. Birkey has lectured on aspects of NEPA and California land use laws. He is also co-author of the Natural Resources chapter in the California Environmental Law and Natural Resources Handbook. Mr. Birkey is a member of the Legislation Committee of the State Bar’s Environmental Law Section. He is also the president of Ecology Law Research Institute, Inc., a non-profit organization that serves as an alumni association for alumni of Ecology Law Quarterly.

Mr. Birkey received his J.D. degree from the University of California, Berkeley School of Law, (Boalt Hall) in 2000, where he was Editor in Chief of the Ecology Law Quarterly, a member of California Law Review, and on the Moot Court Board. He also received a Masters Degree in Environmental Science from the University of Idaho in 1997, and graduated summa cum laude from Southwest Texas State University in 1994.