Experience

Michael Mills is an environmental attorney in the firm's Sacramento office and he is a partner in the Natural Resources and Land Use Group. His practice involves a wide spectrum of natural resources matters with an emphasis in litigating oil and gas, environmental, land use, eminent domain and mining disputes in both state and federal courts. Michael is experienced in federal and state hazardous waste laws and regulations, the California Environmental Quality Act, and regulatory, permitting and title issues associated with oil and gas exploration and production. In addition to being an experienced California oil and gas attorney, Michael also has developed specialized skills in the areas of property tax assessments and the California Public Records Act.

Representative Work

Oil and Gas Litigation and Transactions

• Representation of major and independent oil and gas companies in negotiating, reviewing and drafting oil and gas exploration and production agreements, including joint operating agreements, farmout agreements, pooling/unit agreements, leases and surface use agreements, easements, and purchase and sale agreements.
• Lead counsel for Fortune 500 oil and gas company in CEQA litigation to challenge residential development for lack of analysis of impacts to mineral resources.
• Representation of national oil and gas company in dispute over surface access rights in connection with residential development in Contra Costa County, California.
• Representation of development company in dispute over surface access rights in connection with commercial development in San Joaquin County, California.
• Representation of oil and gas company in lawsuit by property owners challenging company's use of road right-of-way for natural gas pipeline.
• Representation of oil and gas company in contract litigation involving joint operating agreement for natural gas field in Sutter County, California.
• Representation of oil and gas company in contract litigation involving terms of farmout agreement for natural gas field in San Joaquin County, California.

Environmental Litigation and Administrative Enforcement Proceedings

• Lead counsel for mining company in complex environmental enforcement action brought by the California Attorney General's Office to require remediation of abandoned mine in Tuolumne County, California.
• Lead counsel for mining company subsidiary in complex enforcement action brought by the Alaska Department of Environmental Conservation to require the cleanup of abandoned fuel bunker in Juneau, Alaska.
• Lead counsel for trust established under court-ordered settlement to oversee funds dedicated to, and management of, remediation of abandoned gold mine.
• Lead counsel for property owner defendant in complex CERCLA action filed in the U.S. District Court for the Central District of California seeking contribution resulting from contamination within the EI Monte Operable Unit of the San Gabriel Valley Superfund Site.
• Lead counsel for property owner defendant in complex CERCLA action filed in the U.S. District Court for the Eastern District of California seeking contribution for soil and groundwater contamination.
• Lead counsel for property owner in negotiation of Corrective Action Consent Agreement with California Department of Toxic Substances Control.
• Defended public water agency in complex environmental action brought in the U.S. District Court for the District of Arizona asserting claims under CERCLA, RCRA and Clean Water Act, as well as other claims.
• Defended second largest generator and coordinated representation of joint defense group in municipality's CERCLA cost-recovery action brought in the U.S. District Court for the Northern District of California.
• Common counsel to group of cooperating parties in cleanup of multiparty superfund site under supervision of the U.S. Environmental Protection Agency.
• Representation of trust established under court-ordered settlement to oversee funds dedicated to, and management of, remediation of solvent contamination to soil and groundwater in San Joaquin County, California.
• Representation and advice on legal and regulatory issues concerning soil and groundwater cleanup projects throughout Northern and Central California.

California Environmental Quality Act (CEQA) Litigation

• Lead counsel for plaintiffs in CEQA lawsuit challenging municipality's ordinance to ban plastic carry-out bags in Alameda County, California.
• Lead counsel in defense of aggregate mining company in CEQA lawsuit challenging approval of mine expansion in Merced County, California.
• Lead counsel in defense of national aggregate mining company in CEQA lawsuit challenging approval of mine expansion in Butte County, California.
• Lead counsel in defense of Fortune 500 oil company in CEQA challenge to drilling permits issued by the Department of Conservation, Division of Oil, Gas, and Geothermal Resources.
• Lead counsel for Fortune 500 oil and gas company in CEQA litigation to challenge residential development for lack of analysis of impacts to mineral resources.
• Lead counsel in defense of residential developer in CEQA lawsuit challenging approval of residential subdivision in San Bernardino County, California.
• Lead counsel in defense of hunting club in CEQA lawsuit challenging approval of shooting range facility.
• Representation of national aggregate mining company in CEQA lawsuit challenging approval of mine expansion in Fresno County, California.
• Representation of national aggregate mining company in CEQA challenge to municipal ordinance requiring conditional use permit for federally approved mitigation bank.
• Defense of public agency in CEQA challenge arising from proposed residential development project.

Property Tax Litigation

• Lead counsel for county in dispute with special district over property tax administration fees (successfully argued case before the California Court of Appeal, Third Appellate District).
• Lead counsel for hydroelectric facility in assessment appeals in Lassen County, California and Shasta County, California.
• Lead counsel for multiple public entities in unjust enrichment action seeking portion of previously refunded property taxes following successful assessment challenge.
• Representation of mining company in assessment appeal proceeding in Amador County, California.
• Representation of public agencies in both litigation and administrative proceedings involving Proposition 218 challenges to governmental assessments of property.
• Counsel for municipal utility district for property tax issues relating to real property acquisitions.

California Public Records Act Litigation and Public Agency Litigation

• Lead counsel in defense of multiple public agencies in litigation brought under the California Public Records Act.
• Lead counsel for plaintiffs challenging validity of mining regulations under the Surface Mining and Reclamation Act.
• Lead counsel for hunting club in lawsuit against State of California agency arising from streambed alteration issues.

Land Use, Real Estate and Eminent Domain Litigation

• Lead counsel for Fortune 500 telecommunications company in land use dispute concerning zoning and site placement of cell phone tower.
• Lead counsel for property owner in real estate purchase dispute involving contaminated property.
• Representation of landowner in connection with negotiations over municipal public improvements to avoid flooding of private property.
• Representation of commercial real estate leasing firm in various litigation matters.
• Defense of public agency landowners in eminent domain proceedings.

Water Rights Litigation

• Lead counsel for hydroelectric project operator in complex RICO action brought in the U.S. District Court for the Eastern District of California involving claims over disputed water rights.
• Representation of water right holders in Judicial Council Coordinated Proceeding JC 4118: the Bay-Delta Decision 1641 Litigation.
• Representation of water agency in suit against State of California agency for nonpayment of assessments.
• Representation of county water agency in complex lease dispute with lessee over construction of flood control and water quality project.

Civil Writs and Other Engagements

• Lead counsel in defense of county in writ of mandate proceeding challenging selected site for water pumping facility.
• Representation of corporate defendant in complex litigation relating to closure of landfill in Amador County, California.

Published Opinions

• 138 Cal.App.4th 574 (2006).
• 105 Cal.App.4th 1155 (2003).
• 308 F.Supp.2d 1137 (2003).
• 213 F.Supp.2d 1208 (2002).

Professional Honors & Activities

• Member, State Bar of California, Environmental Law Section
• Panel Mediator, California Court of Appeal, Third Appellate District, Appellate Mediation Program
• Member and former President, former First Vice President, former Second Vice President, former Secretary/Treasurer and former Director-at-Large, Bar Council; Chair, Nominating Committee; member, Environmental Law Section; Sacramento County Bar Association
• Member and former President, Vice President, Programs Director and Secretary, Sacramento Chapter, Federal Bar Association
• Member, Natural Resources Section, American Bar Association
• Member and former Treasurer, Asian/Pacific Bar Association of Sacramento
• Member, Rocky Mountain Mineral Law Foundation
• Member, California Independent Petroleum Association
• Member, Sacramento Petroleum Association
• Member, Western States Petroleum Association

Presentations

• "The Resurgence of Biomass Facilities – What You Need to Know to Develop, Permit and Finance Your Project," Tulare, California, Feb. 9, 2010
• PITFALL – "Landman Harry's Adventure in California's Land Use Jungle," Bakersfield Association of Petroleum Landmen, Nov. 17, 2009
• "Do's and Don'ts for Expert Witnesses," Groundwater Resources Association, 2005
• "Applying Environmental Toxicology to Environmental Problems–The Interconnection of Law and Science," University of California, Davis, Department of Environmental Toxicology, 2000

Civic Activities

• Board Member, U.C. Davis School of Law, King Hall Alumni Association Board of Directors
• President, Spinning Rod Way Neighborhood Watch, 2003-2009
• Moot Court Judge, University of California, Davis, School of Law, 2002, 2004-2007
• Alumni Representative, Distinguished Teaching Award Selection Committee, University of California, Davis, School of Law, 2009
• Member, CEB Award for Excellence in Legal Research and Writing Selection Committee, University of California, Davis, School of Law, 2009-2010

Publications

• Comment, "Inequality Creates Exceptions: Limiting United States v. Mendoza to Its Policy Rationale," U.C. Davis Law Review, 1997

Education

• University of California, Davis, School of Law, J.D., 1997
  Order of the Coif
  Senior Notes and Comments Editor, U.C. Davis Law Review
• University of California, Davis, B.S., Environmental Toxicology (minor in English), 1994, summa cum laude
• Dana Curtis Mediation, Appellate Mediation Training Program, Certificate of Completion, 2010

Admissions

• California
• U.S. District Courts for the Eastern, Northern and Central Districts of California
• U.S. Court of Appeals for the Ninth Circuit

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