BRISCOE IVESTER & BAZEL - Key Persons

Coho Salmon v. Pacific Lumber Company. Federal District Court. David represented Pacific Lumber Company in a citizen suit alleging that logging operations on thousands of acres of forest take threatened coho salmon in violation of the Endangered Species Act.

David Ivester focuses on land use, environmental, and natural resource law. He has represented landowners, developers, public entities, energy companies, and other businesses on a wide variety of environmental, land use, land title, and water quality issues before federal, state, and local regulatory agencies and state and federal trial and appellate courts. Mr. Ivester has frequently lectured and written about environmental and land use regulation. Mr. Ivester regularly represents clients in federal, state, and local regulatory agencies on land use, environmental review, wetlands, endangered species, water quality, and natural resource issues. He has broad experience with the U.S. Army Corps of Engineers, Environmental Protection Agency, U.S. Fish and Wildlife Service, National Marine Fisheries Service, Federal Energy Regulatory Commission, California Department of Fish and Game, State Water Resources Control Board and the Regional Water Quality Control Boards, California Coastal Commission, California Energy Commission, San Francisco Bay Conservation and Development Commission, and cities and counties. Mr. Ivester's litigation experience includes federal and state suits involving the Clean Water Act, Endangered Species Act, National Environmental Policy Act (NEPA), Federal Flood Insurance Act, Rivers and Harbors Act, California Environmental Quality Act (CEQA), California Endangered Species Act, Fish and Game Code, Porter-Cologne Act, Permit Streamlining Act, and regulatory takings under the U.S. Constitution. Experience Partner, Stoel Rives LLP and Washburn, Briscoe & McCarthy, San Francisco, California (1983-2005); attorney, Charles Bond PLC, San Francisco, California (1980-82); attorney, Wilhelm, Thompson, Wentholt & Gibbs, Redwood City, California (1978-80); law clerk, Justice Margaret J. Morris, California Court of Appeals, San Bernardino, California (1977-78). Representative Cases

David Spielberg has more than 35 years experience in the development and financing of energy projects throughout the United States, including renewable energy, energy storage and conventional power projects. His practice covers all stages of project development, construction, financing and operation, as well as project acquisition and disposition. David represented clients in connection with some of the earliest wind energy projects in California in the Altamont Pass and negotiated the first contracts to resolve the California energy crisis in 2001. He has led multi-billion dollar financings of portfolios of power projects located throughout the country. The projects he has worked on include some of the largest geothermal and photovoltaic solar projects in the United States. David was also one of the first lawyers in California to become involved in energy storage projects and has negotiated some of the largest solar plus storage contracts in the country. He has negotiated power purchase agreements covering thousands of megawatts from renewable and conventional resources with many of the major public utility companies in the United States, both investor and municipally owned, including all of the California investor owned utilities. David has been recognized for many years by The Best Lawyers in America in the area of Project Finance Law. He has been repeatedly named one of the leading lawyers in Projects and Energy by Chambers USA Guide and has been selected as one of the outstanding project finance lawyers in the United States by Who's Who International. He has also received many "Deal of the Year" awards for both conventional and renewable energy projects from Project Finance International. Experience David has practiced at several private law firms over the years. For much of that time, he was a partner at Orrick Herrington & Sutcliffe LLP, from which he retired at the end of 2019. Representative Transactions $1 billion secured revolving construction loan facility on behalf of Calpine Corporation for the construction of a portfolio of eight gas-fired power plants throughout the United States and the refinancing of this facility through a multiple tranche $1 billion bond and term loan offering secured by seven of the power plants. $2.5 billion secured revolving construction loan facility on behalf of Calpine Corporation for the construction of 12 or more gas-fired power plants throughout the United States and the refinancing of this debt by a $2.6 billion combination of bonds and term loans based on the anticipated spark spread revenues from 14 gas-fired power plants. Structuring and negotiation of the first contracts to be signed with the California Department of Water Resources during the California energy crisis on behalf of Calpine Corporation and the subsequent renegotiation and restructuring of these contracts and the settlement of all claims of the State of California arising out of the energy crisis. Negotiation of power purchase agreements with all three California investor-owned utilities for several hundred MWs of capacity from the Geysers, the largest geothermal facility in the United States, on behalf of Calpine Corporation.

John Briscoe has tried and argued cases in the Permanent Court of Arbitration in The Hague, the United States Supreme Court, and lower federal and state courts. Abroad, he has represented Ethiopia, South Korea, Kuwait, Mexico, and Palau in disputes with other states. Following the Gulf War of 1991 he was special adviser to the United Nations commission established to hear the reparations claims against Iraq, particularly the environmental claims. At home he has represented the States of Alaska, Hawaii, Georgia, and California, the American Territory of Guam, numerous port authorities and many real-estate and natural-resources interests. Between 1981 and 2000, Mr. Briscoe served as special counsel to the State of Alaska in Supreme Court litigation against the United States Federal Government. The case concerned the limit of American territorial waters off the north coast of Alaska between Icy Cape and the American-Canadian boundary. He served as special counsel to the State of Georgia in its Supreme Court land and maritime boundary dispute with the State of South Carolina. He has been a special assistant attorney general for the State of Hawaii with regard to the State's claim to the resources of the submerged lands of the Hawaiian archipelago, and for matters arising under Hawaii Homes Commission Act of 1920. And he has served as special counsel to the Territory of Guam in litigation against the United States Government seeking recovery of some 23,000 acres of Land, a case which like the others (save for Hawaii) went to the United States Supreme Court. Between 1972 and 1980, he practiced in the Land Law Section of the California Attorney General's Office, where he was responsible for litigation including several actions in the original jurisdiction of the United States Supreme Court. Mr. Briscoe has published three books and numerous articles on natural resources, land use, land title and oceans law. He has authored papers and books on other subjects as well, including California history and ancient Chinese poetry. He is a Distinguished Fellow of the Law of the Sea Institute, University of California Berkeley, a member of the Advisory Board of the Rhodes Academy of Oceans Law and Policy in Rhodes, Greece, and formerly an Adjunct Professor, U.C. Hastings College of Law. He has been a guest lecturer at U.C. Berkeley (poetry), University of San Francisco (California history), and the University of Southern California (law). He is co-owner of San Francisco's Sam's Grill, established in 1867, the fifth-oldest restaurant in the country, and is immediate past president of the San Francisco Historical Society. His poetry and prose in fields other than law have received critical praise, including first prize in the Top Shelf Book Awards for 2019 and The Oscar Lewis Award in western history, given by The Book Club of California, for 2020. For reviews see johnbriscoeauthor.com. Briscoe was named Lawyer of the Year in San Francisco in Land Use and Zoning Law in 2020, and Lawyer of the Year in San Francisco in the Field of Water Law in 2021, by the Best Lawyers publication.

Job Titles:

• Litigation and Transactional Counsel

Maria Kao uniquely serves as litigation and transactional counsel to community associations and has been serving them since 2009. With a litigation background, Ms. Kao's advice often comes with experience-based risk analysis. She has represented community associations of all sizes and has dealt with a broad spectrum of related real estate and land use issues. Ms. Kao's day to day work includes: review and interpretation of governing documents (e.g., voting, maintenance and repair, insurance), contract review and vendor negotiations, disciplinary proceedings and litigation. Clients working with Ms. Kao can expect responsiveness, thoughtfulness, and a reliable gut instinct. The clients that work best with her are those who are direct and looking for legal guidance from an attorney who also has business acumen. Experience Ms. Kao has consistently and continuously worked for common interest developments since 2009. She was formerly a partner at Berding & Weil, LLP. Prior to that, she worked as an associate at Feldsott & Lee, APC. Professional Activities Ms. Kao is professionally affiliated with the California Association of Community Managers (CACM), Community Associations Institute (CAI).

Rick Wallace joined Briscoe Ivester & Bazel in 2007, where his specialties include real property law, land title, tideland law, title insurance, escrow liability, mechanic's lien law, eminent domain, CA Coastal Act, the McAteer-Petris Act (BCDC), and civil litigation including appeals. Previously he spent fifteen years with the in-house legal department at Old Republic Title Company, most recently as its Senior Vice President and Regional Counsel, where he supervised the Legal Department for United States Western Region. Mr. Wallace's responsibilities included administering escrow and title insurance claims, handling in-house litigation, counseling operations and underwriting, providing regulatory guidance, and speaking at company and public educational functions. Before his employment at Old Republic, Mr. Wallace was in private practice as a commercial litigator. Experience Senior Vice President and Regional Counsel, Old Republic Title Company (2003-2007); Vice President and Claims Counsel, Old Republic Title Company (1991-2003). Associate, Leland, Parachini, Steinberg, Flinn, Matzger & Melnick (1986-1991). Representative Cases Successfully negotiated title settlement with California State Lands Commission for commercial development along the San Joaquin River in Oakley, CA. Successfully negotiated title settlement with California State Lands Commission for private revetment along coastline in Ventura County, CA.

Contact Direct: (415) 402-2707 Email Tony Francois Download vCard Resume Education J.D. with honors from University of California Hastings College of the Law, 1996 B.S. in Mathematics with honors from the University of San Francisco, 1987 Admissions State Bar of California United States District Court for the Northern, Eastern, and Central Districts of California United States District Court for the District of New Mexico United States District Court for the District of North Dakota Ninth Circuit Court of Appeals Supreme Court of the United States Tony Francois is experienced in Water and Real Property Law, Land Use and Zoning, Environmental Regulation, Natural Resources Development, Agricultural Law, and Constitutional Law. He has represented homeowners, builders, farmers and ranchers, trade associations, and water districts in administrative, civil, and criminal proceedings before state and federal administrative agencies and state and federal trial and appellate courts. He is a member of the California State Bar and the Northern, Eastern, and Central Districts of California and the Districts of New Mexico and North Dakota, and has litigated cases in federal courts in California, Oregon, Washington, Idaho, Montana, Nevada, Arizona, New Mexico, Colorado, North and South Dakota, Minnesota, Massachusetts, Maryland, South Carolina, and the District of Columbia, as well as the Sixth, Eighth, Ninth, and Tenth Circuit Courts of Appeals. He has appeared before the Supreme Courts of California, Idaho, Nevada, and the United States. Prior to attending law school, he served as an infantry officer in the United States Army, and was stationed in the former West Germany during the fall of the Berlin Wall. Experience Tony was an Attorney at Pacific Legal Foundation from 2012 to 2021. He was a lobbyist for 10 years, first with California Farm Bureau Federation from 2003 to 2007, and then with KP Public Affairs from 2007 to 2012. He was an attorney at McQuaid, Bedford & Van Zandt in San Francisco from 1999 - 2003. Representative Cases

Vaca Valley Business Park. David represented Chevron Land and Development Company regarding development of a 450-acre business park in Vacaville, California, including environmental review under NEPA and CEQA and obtaining federal, state, and local permits associated with waters and wetlands, water quality, and wildlife, including federal and state endangered species.