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Evelyn Heidelberg Evelyn F. Heidelberg Senior Counsel
Practice Areas
Admissions
Litigation
Environmental and Land Use
Climate Change and Sustainability
California

Contact Information

530 B Street, 21st Floor San Diego, CA 92101 Direct Phone: 619.525.3804 Direct Fax: 619.398.0134 Download Bio


Professional Summary

Ms. Heidelberg's practice emphasizes environmental, land use and real property litigation, as well as land use entitlements, compliance counseling, and enforcement proceedings.

Ms. Heidelberg has extensive experience in litigating a broad range of matters under federal and California environmental laws. Her state law litigation experience includes cases under the California Environmental Quality Act ("CEQA"), Proposition 65, state superfund, the Unfair Competition Law, nuisance and trespass law, air quality laws and regulations, water quality law and regulations, hazardous waste laws and regulations, solid waste laws and regulations, and the Coastal Act. Ms. Heidelberg also has represented clients under federal environmental, health and safety laws, including the Clean Air Act, Clean Water Act, the Endangered Species Act, the National Environmental Policy Act, Superfund, the Toxic Substances Control Act, and the Federal Insecticide, Fungicide, Rodenticide Act, and the Consumer Product Safety Act.

Ms. Heidelberg also represents developers in obtaining local and state land use entitlements.

In addition, Ms. Heidelberg counsels clients on compliance with federal and state environmental laws, and advises clients on environmental "due diligence" for real estate, finance and corporate transactions.

Prior to joining Procopio, she was Of Counsel with Latham & Watkins in Los Angeles. Prior to practicing law, Ms. Heidelberg was an independent consultant on environmental policy and government relations for major manufacturing and trade association clients. She also served as Vice President of the California Council for Environmental and Economic Balance, represented developers and building industry association on environmental issues, and worked as a city and regional planner in southern California and in Virginia.

She has lectured and published on Proposition 65, superfund, air quality and land use matters.

Representative Matters
  • Represents municipality in judicial challenge against San Diego County Local Agency Formation Commission's decision to deny annexation
  • Represents developer in defending entitlements against appeals to San Diego City Council
  • Represented developers of downtown San Diego waterfront commercial redevelopment project with respect to CEQA issues
  • Represents apartment complex owners and high-tech firms in Proposition 65 actions
  • Represents condominium converters with respect to CEQA issues
  • Successfully defended, pro bono, a major San Diego non-profit performing arts organization in Unruh Civil Rights Act action
  • Represented developer in defense of challenge to entitlements for commercial redevelopment project in West Hollywood based on alleged inconsistencies with General Plan and zoning ordinance and on CEQA non-compliance; prevailed on all but a moot claim; case settled while on appeal by petitioner
  • Represented trust owning hundreds of acres in Modesto in opposition to city's infrastructure finance plan on constitutional and other grounds; matter settled on favorable terms to client following presentation of testimony to City Council
  • Represented developer in CEQA challenge to new power plant in San Bernardino County; case settled on terms favorable to client
  • Represented developer in successful opposition to application for temporary restraining order in action challenging commercial redevelopment project on claims alleging violation of CEQA and Coastal Act
  • Represented developer in action challenging major downtown Los Angeles development on grounds of noncompliance with CEQA, General Plan and zoning ordinance; obtained judgment for defendant and real party
  • Represented children's museum in successful defense of entitlements to construct major new facility; petitioner asserted entitlements were inconsistent with city charter, general plan, zoning ordinance and CEQA
  • Represented major domestic and foreign vehicle manufacturers in case alleging failure to warn of exposures to Proposition 65-listed substances in touch-up paint products; case settled on favorable terms
  • Represented major oil company in defense of action alleging violation of Proposition 65 discharge prohibition in connection with leaking underground fuel tanks
  • Represented major oil company in defense of Proposition 65 failure to warn cases involving occupational exposures; obtained judgment for defendant in landmark ruling
  • Co-counseled defense of citizen's suit alleging violation of Clean Water Act on account of dioxin emissions; obtained summary judgment for defendants on grounds of mootness
  • Represented major oil company in defense of action brought by District Attorney alleging violations of underground storage tank laws and regulations; case settled on terms favorable to defendant
  • Represented defendant in action alleging violations of the South Coast Air Quality Management District's RECLAIM program; negotiated stipulated judgment on terms favorable to defendant
  • Represented PRP at San Gabriel Valley Superfund Site in action for contribution and indemnity against other PRP; negotiated stipulated judgment
  • Represented developer of power plant in defense of petition for writ challenging Energy Commission's certification of power plant; Supreme Court denied writ
  • Represent plaintiff in action for trespass, nuisance, unfair business practices and unjust enrichment against commercial neighbor; defeated anti-SLAPP motion to strike; case settled on terms favorable to client
  • Represented environmental organizations in successful pro bono challenge of Corps of Engineers' operation of dams and reservoirs, alleging violations of Endangered Species Act

Education, Distinctions & Community Involvement

Evelyn Heidelberg graduated from the University of Delaware, magna cum laude and Phi Beta Kappa, and was awarded a Master's degree in Urban and Regional Planning from the University of Pittsburgh's Graduate School of Public and International Affairs. She earned her J.D. from McGeorge School of Law in 1991, where she was valedictorian.

Ms. Heidelberg is currently serving on the Board of Directors for City Ballet of San Diego and the Board of Directors for Home Start, Inc.  She is also a member of the Urban Land Institute and serves on the Legal Committee for the San Diego Regional Chamber of Commerce.

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