Barbara Schussman’s practice focuses on environmental and land use litigation and counseling. She has experience defending writ of mandate proceedings and counseling clients regarding CEQA and NEPA compliance, the Planning and Zoning Law, and a variety of other land use and environmental regulations.
Barbara litigates land use and environmental cases on behalf of public agencies and private entities. She also advises and represents private developers and local agencies processing environmental impact reports and studies, negative declarations, environmental assessments, requests for annexation, general plan amendments, specific plans, rezoning applications, use permits, development agreements, subdivisions, initiatives, referenda, and other approvals. She has appeared before numerous boards, city councils, and other public agencies and practices in both the trial courts and courts of appeal.
She is the author of the CEQA chapter of Curtin’s California Land Use and Planning Law. She also teaches and lectures on CEQA and NEPA compliance and litigation issues for a variety of organizations. Barbara co-chairs a two-day NEPA conference for CLE International presented annually in Northern and Southern California. Her recent presentations and papers include an analysis of judicial decisions and regulatory requirements pertaining to climate change effects under NEPA.
Barbara’s recent engagements include representing the Port of Stockton as special counsel in litigation challenging the EIR prepared for reuse of a 1,500-acre former Navy facility as expanded port maritime and industrial facilities; representing Stanford University, Stanford Hospital and Lucile Packard Children’s Hospital in securing land use approvals for major campus and hospital expansion projects in Santa Clara County and Redwood City; representing the Port of Oakland in its expansion of airport, maritime and commercial real estate facilities; and representing Contra Costa Water District in expansion of Los Vaqueros Reservoir.
Barbara is also a member of the firm’s Northern California Regional Hiring Committee.
- Advised the University of California regarding environmental review of its proposed new campus in Merced
- Represents the Port of Oakland in CEQA review for airport expansion projects
- Represented the Oakland Airport in NEPA litigation before the Ninth Circuit
- Assisted Stanford University in obtaining development approvals for two million square feet of academic development and over 3,000 housing units
- Represented several major oil companies in securing entitlements for refinery improvement projects at facilities in Northern California
- Represents investor in new solar facilities in five jurisdictions in California with regard to CEQA compliance and land use due diligence
- Represented wind energy developers with respect to CEQA and NEPA issues in Alameda, Solano, Kern and Riverside Counties
- Co-author, “An Introduction & Overview,” CEQA Practice Handbook
- NEPA Review and Impacts on Climate Change (March 2008)
- “CEQA Lead Agency Has Discretion to Determine Whether a Building Is a Significant Historical Resource,” Bingham.com (February 2008)
- “Global Warming and the Future of CEQA,” Bingham.com (May 2007)
- Co-author, Airport Air Quality: Approaches, Basics and Challenges (Institute of Transportation Studies, Univ. of Calif., March 2005)
- “Chapter 6: California Environmental Quality Act,” Curtin's California Land Use and Planning Law, 25th ed. (February 2005)
- Accounting For Climate Change In CEQA Documents: What's New With Air Districts, Lead Agencies and Case Law?, Law Seminars International’s Sixth Annual Comprehensive Workshop on California Environmental Quality Act (CEQA): New Developments and Practical Guidance, Santa Monica (Aug. 20, 2010)
- Private Practitioner’s Perspective on CEQA and GHG Issues, CLE International’s Telebriefing: Climate Change, CEQA Thresholds for Greenhouse Gases (July 13, 2010)
- NEPA and Federal Stimulus Legislation: Are You Shovel Ready?, CLE International’s 6th Annual NEPA Conference: Climate Change, Cumulative Impacts and Compliance, San Francisco, Calif. (Jan. 21-22, 2010)
- 5th Annual California Environmental Quality Act (CEQA) Conference, CLE International, San Francisco, Calif. (Sept. 21-22, 2009), San Diego, Calif. (Sept. 24-25, 2009)
- NEPA and CEQA: Programmatic Approaches to Solving California’s Water Supply Challenges, CLE International 5th Annual NEPA Conference, San Diego, Calif. (Feb. 23-24, 2009), San Francisco, Calif. (March 5-6, 2009)
- Alternatives Feasibility Analysis, Recent Judicial Decisions & Practice Tips, CLE International CEQA Conference, Sacramento, Calif. (July 25, 2008), Los Angeles, Calif. (Aug. 15, 2008)
- Central California Annual Land Use and Planning Law Conference, Lex and the City, Avila Beach, Calif. (April 4, 2008)
- NEPA Review and Impacts on Climate Change, CLE International NEPA SuperConference, San Francisco, Calif. (March 6-7, 2008), Los Angeles, Calif. (March 17–18, 2008)
- Case Law Update: Key NEPA Cases in the Circuit Courts and Select District Courts, CLE International NEPA Conference, San Francisco, Calif. (March 29, 2007)
- CEQA Update, Center for American and International Law Conference on Planning, Zoning and Eminent Domain (Dec. 7, 2006)
- Preparation of Joint NEPA / CEQA Documents, CLE International NEPA Conference, San Diego, Calif. (March 17, 2006), San Francisco, Calif. (Feb. 13, 2006)
- CEQA Update, Bingham 16th Annual Land Use Breakfast Briefing, Walnut Creek, Calif. (Jan. 18, 2006)
- California Land Use Law and CEQA Update: What Practitioners on Both Sides Should Know, Sutter and Yuba Counties Seminar (Oct. 13, 2005)
- Addressing Urban Blight in CEQA Documents, CLE International, San Francisco, Calif. (September 23, 2005), Costa Mesa, Calif. (Sept. 19, 2005)
- The California Environmental Quality Act: Recent Developments, County Counsels’ Association Land Use Conference (May 5, 2005)
- Recent Developments Under the California Environmental Quality Act, Center for American and International Law Conference Institute on Planning, Zoning and Eminent Domain (Dec. 8, 2004)
- Higher Education Real Estate Lawyers Conference (October 2004)
- Airports’ Recent Efforts to Evaluate HAPs and Health Impacts Under NEPA/CEQA: Oakland International Airport's HAPs Evaluation, Airports Council International - North America Conference, Joint Technical and Environmental Affairs Committee Meeting (March 16, 2004)
- Supplemental Noise Metrics and the NEPA Process at Oakland International Airport, Airports Council International - North America Conference, Joint Technical and Environmental Affairs Committee Meeting (March 16, 2004)
- The Best Lawyers in America, Leading lawyer in land use & zoning law (2010-2011)
- Super Lawyers, Northern California (2004-2010)
- Order of the Coif, Boalt Hall School of Law at the University of California, Berkeley
- Contra Costa County Bar Association
- Admitted to practice in California
- U.S. Court of Appeals, Ninth Circuit
- U.S. District Court, Eastern District of California
- U.S. District Court, Northern District of California
- University of California Berkeley School of Law (Boalt Hall), Juris Doctor (1989)
- University of California, Los Angeles, Bachelor of Arts, magna cum laude (1986)