Bryan C. LeRoy

My focus

Pre-development planning And Entitlements

I help clients evaluate the risks of real estate opportunities prior to property acquisition, which oftentimes involves securing additional approvals from local, state and federal agencies and the negotiation of development agreements to protect the project’s entitlements. This work is vital to a broader due diligence for property acquisition and includes assessing not just the ability of the new owner to continue using the property and existing buildings, but also evaluates potential for future growth and development opportunities.

I help property owners assess their development rights under local zoning and other regulations and then chart a path to navigate the red tape and secure complex land use approvals, such as zoning and general plan amendments, density bonus, conditional use permits, and development plan reviews.  I work with multi-family housing developers to meet affordable housing requirements; with museums, universities, biotech and cultural institutions to construct institutional campus facilities;  with industrial developers to provide space for manufacturing, warehousing and logistics;  and with wineries, hotels and other hospitality providers to deliver visitor-serving amenities.

Environmental review for development and energy projects

A focus of my practice is the application of CEQA and NEPA and the strategy of environmental compliance. I manage the preparation and agency approval of environmental assessments, environmental impact statements and reports and negative declarations. I often advise on the environmental review for large, complex projects at the state and federal levels, where I assist in controlling litigation by ensuring that these documents properly evaluate potential environmental impacts, assess the adequacy and enforceability of mitigation measures and effectively respond to public and agency comments.

Energy projects

I advise clients in regard to the development and the permitting of regional energy projects involving approvals by local, state and federal agencies, from solar to mineral production. I help navigate the complex permitting process and layers of regulations as well as the administrative appeal procedures for these projects.

Looking ahead

“NIMBYs” and single-minded environmental activists continue to use complicated local, state and federal regulations to their advantage, with increasing success. Environmental regulatory reform has been stalled for years. Meanwhile, a simple procedural error by a governmental agency may send a development project back to the drawing board, losing considerable time and money. There may be no such thing as a “bullet-proof” project approval, but if you don’t understand the regulations and the cases interpreting those regulations, you are taking a risk.

Insights

• “Spotlight on the South Bay,” Biocom California, Online Event, December 6, 2022
• “Spotlight on The Westside,” Biocom California, Online Event, December 7, 2021
• “Hot topics in land use, affordable housing and syndication,” Nixon Peabody Annual MCLE Seminar, Los Angeles, January 2017
• “Lessons Between the Lines in Fed’s Final Guidance for Evaluating Climate Change Impacts in NEPA Documents,” Environmental Leader, August 30, 2016 (co-author)
• “White House Reboots Draft Guidance on Evaluating Climate Change Impacts,” Environmental Leader, April 30, 2015
• “Feds Not Likely to Provide NEPA Guidance on Climate Change Any Time Soon,” Environmental Leader, September 25, 2014