Nathan Metcalf has more than five years experience in environmental law and water law. Nathan has experience in environmental due diligence, remediation and development of contaminated properties, environmental reporting requirements, hazardous waste management, environmental permitting, clean water, storm water, NEPA/CEQA, UST clean-up, and endangered species. Nathan advises clients on water rights issues in defending and protesting water rights applications and transfers. He is also involved in advising clients on the Taylor Grazing Act and the Federal Land Management Policy Act and prosecuting Takings Claims against the United States involving water rights and endangered species. Nathan has appeared before numerous administrative and judicial proceedings including, the Ninth Circuit Court of Appeals, the California State Water Resources Control Board, the Nevada State Engineer and a Bureau of Land Management, Administrative Law Judge.
Before becoming an attorney, Nathan worked in the areas of hazardous waste disposal and environmental health and safety (EH&S) management for medical instrument, drug delivery and biotechnology companies. Nathan was the EH&S manager overseeing compliance for Xoma US, a Northern California biotechnology company, and for Cygnus a pharmaceutical delivery devices company.
Representative Work
Large Northern Nevada Irrigation District. Achieved the dismissal of claims of forfeiture, abandonment, and lack of perfection for over 1,400 individual water right owners in Federal Reclamation project.
Transportation and Municipal Clients. Advised clients about recent and proposed changes to the Industrial and Municipal General Storm Water Permits and fluoridation requirement's for municipal water supplier.
Real Estate Transaction. Review and advised on Phase I and Phase II Environmental Site Assessment, including Vapor Encroachment Screening for a real estate developer.
Ranching Operations. Lead associate in obtaining post trial award of $4.3 million judgment for taking of water rights and improvements in Nevada by the federal government plus 8.25 percent interest and attorneys’ fees. Archived summary judgment victory preserving the issue of the taking of water rights in New Mexico by the United States for trial. Successfully negotiated a settlement of a protest to a grazing application in California under the Taylor Grazing Act.
Publications
"The California State Water Resources Control Board Issues Guidance For 2012 Water Diversion Measurements Requirements," Water Law Alert (January 2012)
"Public Trust – In Nevada? Possible Impacts to Water Rights: Adoption of The Public Trust Doctrine in Nevada", Hanson Bridgett Water Law Alert (September 2011)
"Nevada Supreme Court Remands Water Applications That Were Pending Without Action For Longer Than The One Year Statuary Period," Water Law Alert (February 2010)
California Water Law & Policy Reporter, contributing author, writing articles dealing with the Clean Water Act.
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Presentations
"Introduction to Water Law," County Counsels' Association of California (May 2010)
"Litigation on the Truckee and Carson Rivers," Newlands Water Protection Association (September 2009)
"The Evolution of Water Rights Transfer Law in the 9th Circuit Court of Appeals," co-presenter, Lorman Educational Services (July 2008)
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Honors
Northern California Rising Stars (2011)