NICOLAS R. CARDELLA
NICOLAS R.
CARDELLA
Mr. Cardella’s practice focuses on environmental law, land use law, water law, and public agency law. He has demonstrated expertise in litigation, counseling, and regulatory defense. He regularly litigates civil cases and appeals in state and federal court involving complex environmental, land use, regulatory, and civil rights issues, with particular emphasis on writ proceedings against state and local agencies. He has substantial experience advising local agencies and municipalities on matters of governance, ethics, and policy, and regularly appears before decision-making bodies as an advocate. He also has significant experience prosecuting and defending regulatory enforcement proceedings under a broad range of environmental laws.
REPRESENTATIVE MATTERS
Administrative and Regulatory
- Prosecutes writ petitions against state agencies, including the California Air Resources Board and the State Water Resources Control Board, alleging violations of the California Administrative Procedure Act, state and federal constitutions, and other laws in connection with rulemakings and adjudications;
- Defends citizen suits and government enforcement proceedings under various environmental laws, including the Clean Water Act, the Clean Air Act, Comprehensive Environmental Response, Compensation, and Liability Act, and Proposition 65, among others;
- Prosecuted and settled administrative enforcement cases for the United States Environmental Protection Agency, Region IX under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, and Comprehensive Environmental Response, Compensation, and Liability Act; and
- Prosecuted code enforcement and nuisance abatement cases for municipalities under local municipal codes and state law.
California Environmental Quality Act & Local Land Use Laws
- Prosecutes and defends writ petitions and related appeals under the California Environmental Quality Act and state and local land use laws;
- Appears before, and drafts comment letters to, local planning and legislative bodies to advocate on behalf of project proponents and opponents; and
- Defends property owners in enforcement proceedings alleging violations of local land use laws, including zoning requirements, groundwater use restrictions, and public nuisance, among others.
Public Agency Representation
- Serves as General Counsel to hospital district and Assistant General Counsel to a variety of water and irrigation districts, including the Madera Irrigation District;
- Serves as Assistant City Attorney for the City of Mendota, and previously for the City of Visalia;
- Provides ethics training (AB 1234) for local government officials and Fourth Amendment search and seizure training to code enforcement staff and police officers; and
- Provides advice regarding compliance with the Public Records Act, the Brown Act, the Political Reform Act, the California Environmental Quality Act, and the Sustainable Groundwater Management Act.
Real Property Transactions
- Draft, and provide advice regarding, development agreement for large-scale residential development project;
- Advise non-profit organization regarding commercial real estate transaction and draft purchase and sale agreement, deed of trust, and promissory note for same;
- Draft, and provide advice regarding, license agreement for event venue business;
- Draft and negotiate commercial and residential lease agreements; and
- Draft water wheeling and transfer agreements for irrigation district.
Admissions
- All California state courts
- United States District Court, Eastern District of California
Education
- Juris Doctor, Fordham University Law School, 2014
- Bachelor of Arts, Philosophy and Italian Studies, Santa Clara University, 2008
HONORS & PROFESSIONAL ASSOCIATIONS
- Mr. Cardella is a member of the Tulare County Bar Association, the Fresno County Bar Association, the California Bar Association, and the American Bar Association. In addition, Mr. Cardella serves as Secretary for the Association of Environmental Professionals, Central Chapter Board of Directors.