Services
- Energy & Renewable Energy
- Environmental & Natural Resources
- Government Relations
- Litigation
- Real Estate
- 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
1700 Farnam Street
Omaha, NE 68102-2068
David Levy is Chair of the firm’s Real Estate Section. He represents clients in zoning, land use, energy, environmental and general real estate matters, in transactional, administrative, legislative and judicial proceedings.
Mr. Levy represents developers of wind energy generation projects in Nebraska with nearly 400 megawatts operating, under construction or subject to power purchase agreements, and approximately 3,000 megawatts in development.
Mr. Levy is a registered lobbyist in the State of Nebraska. In June 2009, the Nebraska legislature appointed Mr. Levy to its wind energy technical working group. In early 2010, he successfully represented wind development interests in the drafting and negotiation of LB 1048, Nebraska's "omnibus" wind export bill, which the Nebraska Legislature unanimously passed.
Mr. Levy has served as an Adjunct Professor in Land Use Law at the University of San Francisco School of Law, and has taught legal writing at Creighton University School of Law. He is admitted to practice law in California, Iowa and Nebraska, and has earned the American Institute of Certified Planners designation, the City Planning profession's highest level of certification.
Prior to joining the firm, Mr. Levy practiced land use and environmental law with a firm in San Francisco. Before beginning his legal career, he worked for seven years as a City Planner for the City and County of San Francisco. He 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 and transmission facilities, including representation with respect to Nebraska’s Community-Based Energy Development (C-BED) and Certified Renewable Export Facility (CREF) (LB 1048) statutes
- Obtaining wetland and natural resource permits and authorizations
- Review and analysis of risks associated with 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
Representative Matters and Clients
- 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.
- Represents the first Nebraska contractor to construct a wind farm in the state. Representation includes obtaining federal grant funding, permits, and certification as a C BED project from the Nebraska Department of Revenue.
- 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 large institutional investors and lenders regarding environmental and real estate matters.
- Represents developer of large office building in Omaha, Nebraska. Representation includes rezoning and approval of a waiver by the Zoning Board of Appeals.
- 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 national, pubicly-traded homebuilders in Northern California.
- 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 Appeal (Wollmer v. City of Berkeley).
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
- David Levy Presents at Nebraska Wind Power Conference
- David Levy Plays Key Role in Passage of LB 1048
- 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
Newsletters
Professional and Civic Affiliations
- Member, City of Omaha Administrative Board of Appeals (2007-present), Vice-Chairman
- (2009-present)
- Omaha by Design, Advisory Committee (2007-present), Chairman (2011-present)
- Joslyn Castle Trust, Board of Directors (2007-present), President (2008-2011)
- Downtown Omaha, Inc., Board of Directors (2007-2010)
- Member, Omaha Environment Master Plan Advisory Group (2009-2010)
- Member, Omaha Downtown Master Plan Advisory Group (2009)
- State Bar of California, Environmental Law Section Executive Committee (2001-present)
- American Institute of Certified Planners (Admitted 1995) (currently inactive)