Overview

Marty is a natural resources and project development attorney who helps clients with property transactions, rezonings, and permitting throughout the US, including defense of permits that are challenged in court. He develops land use and environmental permitting strategies based on the local, state, or federal approvals required for development. He often plays the role of quarterback on permitting teams and leads zoning- and land use-related discussions with lead agencies. He handles public hearings before planning and zoning boards and other permitting-related administrative hearings. His combination of permitting experience and first chair trial and appellate court litigation experience enhances his representation of clients through the lifecycle of a project, from planning through development.

Marty has a deep interest in mining and reclamation and helps mining industry clients with the exploration and development of minerals and related transactions. He closely follows global mining, including the precious metals, building materials, and industrial minerals industries. He has experience obtaining local, state, and federal approvals for quarries, surface mines, underground mines, sand and gravel pits, and precious metals mines on private and public lands throughout the US. He also has experience obtaining approvals for mining-related land uses and infrastructure such as rail transloading terminals, concrete and asphalt plants, and mineral processing (heap leaching) and waste storage facilities.

Marty’s experience is both state and federal based. For example, in California, he counsels clients on compliance and litigation relating to the California Environmental Quality Act (CEQA) and the California Surface Mining and Reclamation Act (SMARA). At the federal level, he helps clients with permitting, compliance, and litigation relating to the National Environmental Policy Act (NEPA), the Clean Water Act (CWA), the Federal Land Policy and Management Act (FLPMA), the Mining Law of 1872, and federal mining and reclamation laws, including the Bureau of Land Management’s 43 CFR §§ 3809 Surface Management Regulations. He also has experience permitting mining and other land uses that are subject to the Desert Renewable Energy Conservation Plan (DRECP), a federal land use management plan that covers 10+ million acres of public lands in the desert regions of seven California counties (Imperial, Inyo, Kern, Los Angeles, Riverside, San Bernardino, and San Diego).

While Marty focuses his practice on the mining industry, his experience covers a wide variety of projects and land uses, including shopping centers, freight terminals, brownfields redevelopment, mitigation and conservation banking, and some of the largest distribution centers in Southern California. He is currently permitting offshore wind and Carbon Capture and Storage (CCS) projects. He also helps clients with due diligence, transactional work, and the resolution of alleged violations.

Before joining Hunton, Marty was assistant general counsel at the one of the country’s leading suppliers of construction aggregates and heavy building materials. He helped manage land use, zoning, and permitting activities for the company’s network of quarries and mines throughout the US. He was also previously a director of a publicly traded gold and base metals company with projects in the US and Canada. He currently serves as Vice Chair of the California Construction and Industrial Materials Association’s (CalCIMA) Legal Action Committee.

Experience

  • Obtained land use approvals for projects throughout California, in cities and remote desert areas, and completed attendant environmental reviews under CEQA.
  • Secured mining-related state and federal approvals and reclamation plans for facilities throughout the US, including in California.
  • Extensive experience litigating CEQA and land use issues in California state court and appellate proceedings.
  • Obtained multiple CWA section 404 permits and section 401 certifications and completed attendant environmental reviews under NEPA.
  • Asserted vested (grandfathered) rights to avoid the need for local land use permits or zoning approvals for mining activities in multiple states.
  • Asserted rights under the Mining Law of 1872 to conduct mining activities on federal public lands notwithstanding apparent restrictions in land use management plans, including the DRECP.
  • Permitted mining activities in US national park units in accordance with the Mining in the Parks Act.
  • Handled multiple administrative matters and appeals before the Bureau of Land Management, the National Park Service, and the Interior Board of Land Appeals, including mineral and mill site validity examinations.
  • Represented two large U.S. corporations in an appeal arising from an industrial injury at a quarry. Obtained summary judgment in U.S. District Court based on the Privette Doctrine and argued the appeals before the U.S. Court of Appeals for the Ninth Circuit.

Accolades

Honors & Recognitions

  • Recognized as a Rising Star for Land Use and Zoning, Northern California Super Lawyers, 2019-2021
  • Nominated as a Top Young Attorney, San Diego’s The Daily Transcript, 2014

Affiliations

Professional

  • Vice Chair, Legal Action Committee, CalCIMA, January 2023-Present
  • Director, Lode Gold (fka Stratabound Minerals Corp.), September 2023-April 2024
  • Member, Editorial Board, Climate Change Law & Policy Reporter, October 2016-December 2017

Insights

Events & Speaking Engagements

  • June 13, 2024
    Event
    Speaker
    Daybook-Thursday-Congress-House, Associated Press
  • February 2021
    Presenter
    Environmental Justice: Driving Change in Permitting and Land Use, CalCIMA 2021 Virtual Conference Series
  • May 2019
    Event
    Presenter
    Protecting California’s Disadvantaged Communities—An Examination of How the State’s New Environmental Justice Laws May Affect the CEQA Entitlement Process, Sacramento County Bar Association, Environmental Law Section
  • November 2019
    Event
    Presenter
    How to Insulate Your Company from Injury Claims by Independent Contractors Working at Your Facility, CalCIMA 2019 Education Conference, Napa Valley, California
  • November 2018
    Event
    Presenter
    Mining Purposefully with the Promise and Peril of Environmental Justice, CalCIMA 2018 Education Conference, Anaheim, California

Publications

  • Time 3 Minute Read
    July 31, 2024
    Publication
  • Fall 2019
    Publication
    Open-Pit Metallic Mining in California—Still Stuck Between a Rock and a Hard Place (To Mine), Environmental Law Section of California Lawyers Association—Environmental Law News, Vol. 28, No.2
  • October 2018
    Publication
    California Appeals Court Upholds Legislative Workaround that Mooted CEQA Suit Targeting Development Project in Los Angeles, Washington Legal Foundation—Legal Pulse
  • Fall 2018
    Publication
    Protecting California’s Disadvantaged Communities—An Examination of How the State’s New Environmental Justice Laws May Affect the CEQA Entitlement Process, Environmental Law Section of California Lawyers Association—Environmental Law News, Vol. 27, No. 2
  • May 2018
    Publication
    California Court Grants CEQA Defendant Discovery into Plaintiff-Group’s Standing, Washington Legal Foundation—Legal Opinion Letter, Vol. 27, No. 7
  • Spring 2018
    Publication
    Coming Full Circle in the Fifth—Revisiting the Concept of ‘Urban Decay’ and its Increasingly Limited Role in CEQA, Environmental Law Section of California Lawyers Association—Environmental Law News, Vol. 27, No. 1

News

Education

JD, Thomas Jefferson School of Law, 2012

BA, University of Illinois at Urbana-Champaign, 2008

Admissions

California

Michigan

Nevada

Courts

US District Court, Central District of California

US Court of Appeals, Ninth Circuit

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