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Ellen J. Garber
Ms. Garber joined Shute, Mihaly & Weinberger in 1987, and is a partner with the firm. She received her law degree from Boalt Hall School of Law, University of California at Berkeley. Prior to attending law school, Ms. Garber was an urban planner for seven years in both government and private practice, and received a Bachelor of Urban Planning from the University of Cincinnati, where she graduated magna cum laude, first in her Planning class.
Ms. Garber’s mixed practice consists primarily of representing cities, counties, special districts, and the University of California in CEQA and land use litigation, and advising them on CEQA/NEPA compliance; land use issues related to reuse of contaminated property and military bases, including drafting institutional and land use regulatory controls and interagency agreements; and compliance related to hazardous materials investigation and remediation, solid waste facilities, water quality and air quality. Ms. Garber’s public agency practice also includes issues related to land use planning, municipal finance (special assessments, taxes and fees), and leasing and sale of public land. Ms. Garber also represents community groups and a non-profit affordable housing developer in various land use matters, including CEQA and land use litigation, and represents private parties concerning hazardous materials issues such as leaking underground storage tanks.
Representative litigation experience includes the following:
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Successful challenges to EIRs concerning development in Oakland’s historic waterfront warehouse district and expansion of the Altamont Landfill.
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Successful defense of EIRs and negative declarations for the University of California at Davis, the Sacramento Area Flood Control Agency, and the Cities of Visalia, Livermore and El Cerrito.
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Successful defense of negative declaration for real party in interest non-profit affordable housing developer Bowman, et al. v. City of Berkeley (2005) 131 Cal.App 4th 173.
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Successful defense of EIR for real party in interest school, based on air toxics challenge by nearby semiconductor firm.
Ms. Garber served for a number of years on the Executive and Legislation Committees of the State Bar of California, Environmental Law Section. She has been an adjunct professor of CEQA and land use law at Golden Gate University. Ms. Garber has been a contributor to the Municipal Law Handbook and the California Environmental Law Reporter, and was the author of two studies regarding the use of planning and institutional controls in the context of brownfields redevelopment and military base reuse: “Institutional Controls” prepared for the East Bay Conversion and Reinvestment Commission, and “A Local Government Handbook for Planning Brownfields Redevelopment” prepared with the City of Sacramento pursuant to a USEPA Brownfields Grant.
Ms. Garber is a member of the State Bar of California and a charter member of the American Institute of Certified Planners.
portraits by Liza Heider