Services
- Construction
- Energy & Renewable Energy
- Environmental & Natural Resources
- Government Relations
- Litigation
- Real Estate & Land Use Planning
- Transportation
Education
- University of California, Hastings College of Law, J.D., 1999
- University of California, Berkeley, Masters degree in City and Regional Planning, 1996
- University of California, Berkeley, Bachelor’s degree in Urban Studies, 1991
David C. Levy
Partner
1500 Woodmen Tower
1700 Farnam Street
Omaha, NE 68102-2068
1700 Farnam Street
Omaha, NE 68102-2068
David Levy represents clients in zoning, land use, environmental and general real estate matters, in transactional, administrative, legislative and judicial proceedings. David has spoken extensively on land use and zoning matters, and has served as an Adjunct Professor in Land Use Law at the University of San Francisco School of Law. He is admitted to practice law in California and Nebraska, and has earned the American Institute of Certified Planners designation, the City Planning profession's highest level of certification. David is a registered lobbyist in the State of Nebraska and in June, 2009, the Nebraska legislature appointed Mr. Levy to its wind energy technical working group, where he advises members of the Natural Resources Committee on legislative changes necessary to promote wind energy development in the State of Nebraska.
Prior to joining the firm, David practiced land use and environmental law with a firm in San Francisco. Before beginning his legal career, David worked for seven years as a City Planner for the City and County of San Francisco. David is a native of Lincoln, Nebraska.
Detailed Practice Description
- Representing clients before government agencies, boards and commissions regarding land use, zoning and related matters, including the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA), general plans, fees and exactions, and wetlands and natural resources
- Prosecuting and defending CEQA, NEPA and land use litigation in state and federal court
- Representing utility clients and developers of renewable energy facilities in proceedings related to the siting and permitting of generation, transmission and distribution facilities
- Representing clients developing wind power projects, including representation with respect to Nebraska’s Community-Based Energy Development (C-BED) statute
- Obtaining wetland and natural resource permits and authorizations
- Review and analysis of risks associated with potentially contaminated properties
- Preparing due diligence and risk analyses for major real estate transactions
- Advising clients regarding municipal law matters, including agency formation and compliance with open meeting, political reform and election laws
- Preparing and negotiating agreements related to easements, property acquisition, construction, fee payments and mitigation requirements
- Consulting with government officials and interested parties regarding legislative and policy actions affecting land use entitlements and fees
Representative Matters
- Represents developer of master-planned golf course community in Northern California consisting of 1,025 homes, 750,000 square feet of commercial space and an 18-hole golf course. Representation has included local entitlements, development and processing of an Environmental Impact Report, settlement of lawsuit by environmental group, successful defense of lawsuit by local opposition group, including favorable decisions from the trial court and California Court of Appeal, and a decision by the California Supreme Court not to review the Court of Appeal decision. Representation also includes processing of Section 404 wetland permit, negotiation of agreements with City, and continuing advice regarding all facets of this complex project.
- Represents developer of Nebraska's first privately-developed utility grade wind farm. Representation includes advice regarding zoning and local permitting, successful negotiation of a mitigation agreement with the United States Fish and Wildlife Service and Nebraska Game and Parks Commission, and advice regarding compliance with Nebraska's Community-Based Energy Development (C-BED) Act.
- Member of team led by a planning consulting firm with respect to the implementation, zoning and financing aspects of a new Master Plan for the South Omaha area.
- Represents developer of specific plans for two areas of North Omaha.
- Represents a non-profit developer at a mixed-use project in South Omaha.
- Represents developer of 148-unit mixed-use apartment and retail project in Berkeley, California. Representation includes local entitlement processing and successful defense of the project in litigation at the trial court level and Court of Appeals (Wollmer v. City of Berkeley).
- Represents developer of 805-unit condominium development in Oakland, California.
- Represents California Department of Transportation in defending court challenges to Environmental Impact Report for interchange project to serve tribal casino. Representation includes advice regarding preparation of the Environmental Impact Report, development and successful defense of complex air quality analysis methodology, and briefing and representation of client at all levels of California courts.
- Represents large institutional investors and lenders regarding environmental and real estate matters.
- Represented developer of large office building in Omaha, Nebraska. Representation included rezoning and approval of a waiver by the Zoning Board of Appeals.
Bar & Court Admissions
- California, 1999
- Nebraska, 2006
- Iowa, 2009
- United States Court of Appeals for the Ninth Circuit, 1999
- United States District Court for the Northern District of California, 1999
News
- Governor Heineman Signs Legislation to Facilitate Wind Energy Development in Nebraska
- Wind Lease Bill Signed into Law
- Baird Holm Partner David Levy slated to speak at WINDPOWER 2009 Conference & Exhibition
Press Releases
Seminars & Events
Professional and Civic Affiliations
- Member, City of Omaha Administrative Board of Appeals (2007-2010)
- Member, Omaha Environment Master Plan Advisory Group, (2009-2010)
- Member, Omaha Downtown Master Plan Advisory Group (2009)
- Joslyn Castle Trust, Board of Directors (2007-2010), President (2008-2010)
- Downtown Omaha, Inc., Board of Directors (2007-2010)
- Omaha by Design, Advisory Board (2007-present)
- Design Alliance Omaha, Board of Directors (2007-present)
- State Bar of California, Environmental Law Section Executive Committee (2001- present)
- American Institute of Certified Planners (Admitted 1995) (currently inactive)