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Morgan Lewis

Ella Foley Gannon

Partner

ella.gannon@morganlewis.com

San Francisco Phone +1.415.442.1171 Fax +1.415.442.1001

One Market, Spear Street Tower, 28th Floor//San Francisco, CA 94105-1596//United States

Ella Foley Gannon represents clients before a myriad of state and federal regulatory agencies, focusing her practice on federal and state environmental laws, natural resource permitting, and land use entitlements. Recognized as one of the leading permitting and siting lawyers in California and an authority in endangered species, wetland, water quality, and water rights issues, she assists developers and landowners who undertake complex development projects, including renewable and traditional energy and transmission projects, as well as residential, commercial, industrial, and mixed-use projects.

Named a “Top Woman Lawyer” by the Daily Journal in 2013 and 2014, Ella has also been recognized in Chambers USA as a “Leading Lawyer” in her field. Ella represents clients before state and federal regulatory agencies, including the US Army Corps of Engineers, the US Fish and Wildlife Service, the Bureau of Lands Management, the US Environmental Protection Agency, the California Energy Commission, the California State Water Resources Control Board, the nine California State Regional Water Quality Control Boards, and the California Department of Fish and Game. She represents clients before these agencies on issues involving the Clean Water Act, the Federal Endangered Species Act, the National Environmental Policy Act, the Warren-Alquist Act, the National Historic Preservation Act, the California Environmental Quality Act, the California Endangered Species Act, the Porter-Cologne Act, and the California Fish and Game Code. Ella has a strong track record of defending permits in both state and federal courts and in litigation involving challenges to state and federal rulemaking.

Prior to joining Morgan Lewis, Ella was chair of the environmental, land use, and natural resources practice of another international law firm, where she was also a member of the executive board. Earlier in her career, Ella was a law clerk to Judge Melvin Brunetti of the US Court of Appeals for the Ninth Circuit. She was also a research fellow for the University of California Water Resources Department.

selected representations

Energy Projects

  • Advising Talisman Energy on land use and air permitting requirements concerning its investment in an oil shale project in California; also advising Talisman on permitting requirements from California’s Department of Conservation, Division of Oil, Gas & Geothermal Resources, and from the San Joaquin Valley Air Pollution Control District
  • Representing a proponent of two large solar projects in connection with obtaining CEC, BLM, resource agency and other environmental permits for solar projects in California totaling over 1,370 MW
  • Assisting a developer of two large-scale wind projects in Kansas and North Dakota with NEPA and Endangered Species compliance
  • Represented a major energy company in connection with NPDES permitting for a once-through cooling plant; assisted in responding to appeal of NPDES permit to the State Water Resources Control Board which was dismissed
  • Represents a major oil company in connection with endangered species permitting for linear projects

Project Planning and Permitting

  • Represented Lennar Communities in connection with the permitting of a large mixed-use development project in Placer County, which includes approximately 1,880 residential homes, a commercial center, an 18-hole golf course and 690 acres of natural open space. Permits and authorizations obtained for the project included Section 404 wetland permit from the US Army Corps of Engineers, water certification from the Regional Water Quality Control Board, Incidental Take Statement and Biological Opinion from the US Fish and Wildlife Service through a Section 7 consultation, a Streambed Alteration Agreement with the California Department of Fish and Game, and Section 106 Agreement between State Historic Preservation Office and the Corps of Engineers. She also negotiated deed restrictions and an easement with the Department of Toxic Substances Control.

Stormwater Permitting

  • Conducted an audit of a major builder’s stormwater pollution prevention plans for their large mixed-use projects to ensure compliance with the requirements of the California General Permit for Discharges of Stormwater Runoff associated with construction-related activities
  • Helped develop a field guide to compliance with general permit requirements for future projects
  • Assisted a client in responding to and addressing regulatory requirements associated with discharges of untreated stormwater and helped obtain concurrence from Regional Water Quality Control Board that discharge did not constitute violation of permit conditions
  • Represents a manufacturing facility in connection with obtaining and complying with an NPDES permit

Litigation

  • Successfully defended federal entitlements issued to a mixed-use development project in Hayward, Calif. The case involved claims of non-compliance with the Clean Water Act and the Endangered Species Act; also assisted in negotiation of settlement of appeal of the district court’s decision.
  • Successfully defended a development project in a citizen suit challenge involving claims under the Endangered Species Act, the Clean Water Act, and the National Environmental Policy Act; assisted in negotiation of settlement of the appeal of the district court’s decision as well as a global settlement of state law claims against the project
  • Defended a retail project in a suit involving claims under the California Environmental Quality Act

Administrative Advocacy

  • Represents the California Building Industry Association in connection with the State Water Resources Control Board’s proposal to develop a state wetland and riparian protection policy

Awards and Affiliations

Recognized, Lawdragon 500 Leading Environmental & Energy Lawyers (2021)

Recognized, Environmental Law, San Francisco, The Best Lawyers in America (2013–2020, 2022) 

Ranked, Environment, California, Chambers USA (2013–2022) 

Leading Lawyer, Industry focus: Environment: regulatory, The Legal 500 US (2022)

Recommended, Industry focus: Environment: regulatory, The Legal 500 US (2019–2021)

Recommended, Industry focus: Energy litigation: oil and gas, The Legal 500 US (2017, 2020–2022) 

Recognized, Northern California, Super Lawyers (2012–2020)

Top Woman Lawyer, The Best Lawyers in America (2016, 2017) 

Member, Practice Group of the Year, Environmental, Law360 (2017, 2019)

Recognized, Acritas Star Lawyer (2017)

Recommended, Environment Litigation, The Legal 500 US (2013–2016)

Recognized, Top Woman Lawyer, Daily Journal (2013–2014)

Member, Order of the Coif

Admissions

  • California
  • US Court of Appeals for the Ninth Circuit
  • US District Court for the Central District of California
  • US District Court for the Eastern District of California
  • US District Court for the Northern District of California
  • US District Court for the Southern District of California

Clerkships

  • Clerkship to Judge Melvin T. Brunetti of the US Court of Appeals for Ninth Circuit (1998 - 1999)

Education

  • University of California, Hastings College of the Law, 1998, Juris Doctor
  • University of Michigan, 1989, Bachelor of Arts

Sectors

  • Energy

Services

  • Environmental Counseling & Litigation
  • Litigation, Regulation & Investigations
  • Energy Litigation
  • Crisis Management
  • Energy Regulatory
  • Climate Change

Events

7/18/2022 - Reuters US Offshore Wind 2022
2/24/2022 - 2022 Energy Bar Association Western Chapter Annual Meeting
9/14/2021 - The Winds of Change
5/4/2021 - Current Trends in Corporate Sustainability
4/22/2021 - Environmental Justice Under the Biden Administration
4/20/2021 - Regulatory and Legislative Developments in Climate Change and Renewable Energy
12/17/2020 - Enforcement Outlook 2021: Environmental
12/14/2020 - Navigating the NEXT. Enforcement Outlook 2021
9/25/2020 - PLI’s Environmental Regulation in Practice 2020: Permitting, Litigating, and Deal Negotiations
3/25/2020 - Offshore Wind Developments
11/1/2017 - Doing Business in the Golden State – Endangered Species Act
9/25/2017 - Endangered Species Act Conference 2017
6/7/2017 - Doing Business in the Golden State – Energy and Environmental
3/1/2017 - Doing Business in the Golden State—Crisis Management – Advanced Planning
4/22/2016 - Permitting Off-Shore Wind Projects
9/24/2015 - Endangered Species Act Conference 2015

News

8/9/2022 - Morgan Lewis Advises Evergy in Purchase of Persimmon Creek Wind Farm
8/5/2022 - Grading Biden's Push to Site Green Energy on Public Land, Law360
5/12/2022 - Duke Energy, TotalEnergies Win North Carolina Offshore Wind Leasing Auction with $315 Million in Total Bids, Utility Dive
1/4/2022 - Hawaii Orders Navy to Shut Down Fuel Storage Facility, Law360
12/22/2021 - Navy Fuel Spill 10-Times Larger Than First Revealed, KHON2
December 2021 - Navy, Intervenors Argue Over ‘Imminent Peril’ in Contested Case to Defuel Red Hill Tanks, Hawai’i Public Radio
5/27/2021 - Calif. Offshore Wind Push Won’t Be Smooth Sailing, Law360
4/28/2021 - Biden Lays Down Clean Energy Marker In First 100 Days, Law360
4/6/2021 - How Biden's $2 Trillion Infrastructure Plan Could Boost California's Energy Transition, Utility Dive
3/16/2021 - LawDragon 500 Leading Environmental & Energy Lawyers, LawDragon
2/1/2021 - Morgan Lewis Advises bp in Offshore Wind Strategic Agreement with Equinor
12/8/2016 - American Indian Law: A Complex, Ever-Evolving Legal Landscape
1/15/2016 - Key California Energy and Climate Bills: 2015 Year-in-Review
9/30/2015 - Debate: Impact of Endangered Species Act Adjustments

Publications

1/20/2022 - Climate Change: Year in Review 2021
1/5/2022 - The Transportation of Tomorrow Will Address Climate Change, Reuters
9/30/2021 - US Offshore Wind is Under Sail, but Challenges Remain, Reuters
June 2021 - What Was Surprising, and What Was Not, From Biden’s Clean Energy Proposals, Reuters
6/1/2021 - Companies Committing to Corporate Sustainability
5/19/2021 - Climate Change Developments
5/19/2021 - Partners Author Law360 Article on Climate Change Developments
5/14/2021 - Calif. Climate Efforts Offer Starting Point For Biden Admin, Law360
5/13/2021 - Vineyard Wind Becomes First Approved Major Offshore Wind Project in the United States
4/22/2021 - Achieving Energy Goals in the ‘New Abnormal’
3/1/2021 - President Biden’s ‘Modernizing Regulatory Review’ Memorandum
2/11/2021 (Updated 2/16/2021) - Environmental Enforcement Outlook on Climate Change, NEPA and Emerging Contaminants and Chemical Safety
6/22/2020 - LawFlash: US Supreme Court Allows Permit for Natural Gas Pipeline Beneath Appalachian Trail
6/18/2020 - US Supreme Court Allows Permit for Natural Gas Pipeline Beneath Appalachian Trail
5/1/2020 - Environmental Groups Challenge Navigable Waters Protection Rule
11/19/2019 - California Takes Action to Avoid Electricity Shortages and Reliability Challenges
1/10/2019 - Science Transparency Rule Back on the Table in 2019
11/9/2018 - America Votes on Environment and Energy Ballot Initiatives
1/30/2018 - California Energy Legislation Roundup 2017
3/13/2017 - Going All the Way: California Bill Calls for 100% Renewable
3/3/2017 - Trump Executive Order Seeks to Limit Scope of Clean Water Act
3/1/2017 - 2016 California Energy and Climate Legislative Update
2/8/2016 - FAST Act Streamlines Complex NEPA Reviews for Energy Projects
1/13/2016 - Developments In Calif.'s Energy And Climate Law, Law360
9/23/2015 - Sage-Grouse Not Listed Under Esa In Wake Of New State-Led Conservation Efforts
6/3/2015 - Final Clean Water Act Rule Likely to Expand Act’s Application
1/23/2015 - Dual Studies Assess Impact of Hydraulic Fracturing of Oil and Gas Resources in California
1/13/2015 - “Final” May Be a Misnomer for California’s Final Fracking Regulations
January 2015 - California Energy Legislation Year in Review 2014
1/24/2014 - Achieving California’s Greenhouse Gas Emissions Goals: New Study Exposes Overgeneration as Key Challenge to Increasing the Renewable Portfolio Standard
12/18/2013 - Department of Conservation Proposes Emergency Rulemaking to Implement Interim Fracking Regulations
11/19/2013 - California Moves Closer to Regulating Fracking
9/26/2013 - Future Of Fracking In Calif. Is Still Hazy, Law360
9/23/2013 - California Governor Signs Fracking Bill
9/13/2013 - California Legislature Sends Fracking Bill to Governor’s Desk
4/25/2013 - Environmental Groups Continue Their Attacks on BLM Leases in an Ongoing Effort to Block Fracking in California
4/18/2013 - BLM Violated NEPA in Failing to Analyze Fracking Before Granting Oil and Gas Leases in Monterey
March 6, 2013 - Calif.’s Road to Fracking Regulation Will Be Bumpy
2/7/2013 - Alaskas-Take-On-Habitat-Designation-Next-Steps-For-DOI
2/6/2013 - Legislative Update: Renewable Energy on the Rise
1/30/2013 - Environmental Group Again Challenges DOGGR Failure to Regulate Fracking
1/24/2013 - Federal District Court Vacates Critical Habitat Designation for Polar Bears
5/15/2012 - Revised Regulations for Delineating Critical Habitat Under the Endangered Species Act
4/3/2012 - Fish and Wildlife Service Issues Final, Voluntary Land-Based Wind Energy Guidelines
February 2012 - Ramping Up Calif. Renewable Energy
February 2012 - Legislative Update: Significant California 2011 Legislation — Energy and the Environment