Everett
L. DeLano III
Everett DeLano specializes in land use and environmental law,
including matters under the California Environmental Quality
Act, Clean Air Act, Clean Water Act, Endangered Species Act,
Business & Professions Code § 17200, Proposition
65, as well as Constitutional matters such as civil rights
violations and inverse condemnation. Mr. DeLano represents
homeowners' associations, non-profit organizations, and neighborhood
groups and individuals concerned about land use and environmental
issues. His work includes advocacy before municipal and administrative
entities and litigation in federal and State court.
Logan Jenkins, a San Diego Union-Tribune columnist, dubbed
Mr. DeLano as "the NIMBY lawyer," proclaiming no
one is smarter "at applying the legal brakes to community-opposed
development."
Mr. DeLano graduated with a degree in Political Science from
the University of San Diego in 1989. He attended law school
at the University of Southern California, where served on
the Interdisciplinary Law Journal and Major Tax Journal, served
as an extern to the Honorable Dorothy W. Nelson of the U.S.
Ninth Circuit Court of Appeals, and was the sole recipient
of the U.S. Law Week Award. He graduated from law school in
1992 and is licensed to practice law in both California and
Colorado.
Before starting his own practice in San Diego's North County
in 1998, Mr. DeLano worked with the Natural Resources Defense
Council in Los Angeles, the Sierra Club Legal Defense Fund
in Denver, and the Land and Water Fund of the Rockies in Boulder,
Colorado. Among his cases, Mr. DeLano has represented plaintiffs
in litigation against: (1) a State department of transportation,
resulting in a multi-year injunction forcing the agency to
decrease its water pollution; (2) a major San Diego shipyard,
which resulted in a court-ordered cleanup and fine; (3) a
proposed reopening of an older-technology oil refinery, resulting
in a settlement that ensured the site would be cleaned up
and the refinery would not resume operations; (4) a demolition
project on proposed parkland, resulting in a court order requiring
consideration of the impacts of the entire park project; and
(5) a proposed landfill, resulting in court decisions requiring
two different agencies to consider the full scope of the environmental
impacts associated with their actions.
Cases
on which Mr. DeLano has worked that have resulted in published
decisions include RiverWatch v. County of San Diego Department
of Environmental Health (2009) 175 Cal.App.4th 768;
RiverWatch v. Olivenhain Municipal Water District (2009)
170 Cal.App.4th 1186; McLeod v. Vista Unified School District
(2008) 158 Cal.App.4th 1156; Center for Biological Diversity
v. FHA (2003) 290 F.Supp.2d 1175; Natural Resources
Def. Council v. Southwest Marine, Inc. (2001) 242 F.3d
1163; Communities for a Better Environment v. Cenco Refinery
Co. (2001) 179 F.Supp.2d 1128; Communities for a Better
Environment v. Cenco Refinery Co. (2001) 180 F.Supp.2d
1062; Natural Resources Defense Council v. Southwest Marine,
Inc. (1999) 39 F.Supp.2d 1235; Natural Resources Defense
Council v. Southwest Marine, Inc. (1998) 28 F.Supp.2d
584; Natural Resources Defense Council v. Southwest Marine,
Inc. (1996) 945 F.Supp. 1330; and Natural Resources
Defense Council v. Southwest Marine, Inc. (1994) 857 F.Supp.
734.
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