Stephen L. Kostka
Steve, a member of Perkins Coie's Environment, Energy & Resources practice, represents clients that need federal, state and local agency permits and approvals for development projects.
Steve Kostka counsels public agencies and other clients on compliance with CEQA, NEPA and other environmental and land use laws.
Considered one of California's foremost environmental and land use litigators, Steve's practice also focuses or representing clients in trial and appellate courts throughout the state in cases brought under CEQA, NEPA, state water laws, federal and state clean air, clean water and endangered species acts, the Subdivision Map Act, and the Planning and Zoning Law.
Projects and cases Steve has worked on include development plans for colleges and universities, military base reuse plans, maritime terminal and airport expansion plans, water supply programs, general and specific plans, wastewater treatment plants, reservoirs, thermal power and cogeneration plants, vineyards and wineries, medical research facilities, aggregate and hard rock mines, industrial parks, as well as office, retail, housing and mixed use developments.
Steve is coauthor of Practice Under the California Environmental Quality Act, a two-volume treatise, now in its 21st year of publication, that practitioners, planners, environmental professionals and the courts rely on as the leading authority on the interpretation and application of CEQA.
He also regularly speaks at conferences and teaches classes on CEQA, land use law and environmental law for organizations such as California Continuing Education of the Bar, League of California Cities, University of California Extension, State Bar Environmental Law Section, Association of Bay Area Governments and the Association of Environmental Professionals.
Areas of focus
Education & Credentials
Education
- UC Berkeley School of Law, J.D., Editor-in-Chief, California Law Review, 1973
Bar and Court Admissions
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California
- Supreme Court of the United States
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the Northern District of California
Related Employment
- Bingham McCutchen LLP, San Francisco, CA, Partner
Professional Recognition
Named the Best Lawyers' San Francisco "Lawyer of the Year" for Land Use and Zoning Law, 2016, 2018; Litigation - Land Use and Zoning, 2014; Litigation – Environmental, 2019
Listed in The Best Lawyers in America 2007-2021: Appellate Practice; Environmental Law; Land Use & Zoning Law; Environmental Litigation; and Land Use & Zoning Litigation
Selected by American Lawyer Media and Martindale-Hubbell as a 2013 Top Rated Lawyer for Energy Law, Environmental Law, Land Use Law and Real Estate Law
BTI Client Service All-Stars: recognized by corporate counsel as among the leading environmental lawyers in the nation in client service excellence.
Listed in Super Lawyers, Northern California 2004-2020; one of the top 100 Northern California lawyers, 2008-2009
California Continuing Education of the Bar: 2014 recipient of "Spirit of CEB Award"
Insights
News
Professional Experience
Representative Litigation
University Of California Merced Campus
Defended the University of California in several actions challenging the EIR for development of the U.C. Merced campus, the EIR for development of the campus community, and CEQA review for related infrastructure and annexation projects.
South Coast Air Quality Management District EIR And Legislation
Represented SCAQMD in successfully defending the constitutionality of state legislation designed to provide an interim program for tracking offsets pending CEQA compliance for District’s offset banking rules and in defending EIR for adoption of new rules.
Stanford University Projects
Represented Stanford University defending the environmental impact report for Stanford housing, shopping center and roadway projects.
Port of Stockton Expansion Program
Represented the Port of Stockton defending program environmental impact report challenging the Port’s long-range plan for redevelopment and reuse of a former Navy base.
University Villages Fort Ord
Represented developers in an action challenging the environmental impact report for the largest private development project within Fort Ord.
Port of Oakland Maritime Projects
Defended the Port of Oakland in a NEPA and Endangered Species Act challenge to channel deepening and maritime terminal expansion projects.
Coyote Valley Research And Development Campus
Defended the City of San Jose’s environmental impact report for Cisco Systems Coyote Valley research and industrial park.
San Diego Wastewater Treatment Project
Represented the City of San Diego defending the environmental impact report for the city’s wastewater treatment and outfall project.
South San Joaquin County Surface Water Supply Plan
Represented the South San Joaquin Irrigation District defending the environmental impact report for the district’s plan to supply surface water to the cities in south San Joaquin County.
Sonoma County Urban Water Management Plan
Represented water district is successful appeal from a judgment overturning the water district’s urban water management plan.
Transportation Tax Ballot Measure
Represented San Bernardino County and SANBAG on appeal in the successful defense of a voter-approved transportation sales tax measure which had been challenged on CEQA grounds.
Implementation Of Development Agreement Statute
Successfully defended a freeze-the-rules development agreement adopted by the County of San Luis Obispo in the trial court and court of appeal.
Water Supply Assessment
Obtained decision on appeal upholding water supply assessment adopted for specific plans for development of 5000 residential units.
Representative Counseling Matters
Environmental Review For U.C. Merced Campus
Represented the University of California in preparation of a program EIR for development of U.C.'s 25,000-student campus in Merced and preparation of a program EIR for the university community planned for the area adjacent to the campus.
Bus System Expansion
Represented Alameda-Contra Costa Transit system regarding CEQA compliance for system expansion.
Quarry Reclamation and Expansion Plans
Represented quarry owner regarding extension of mining permit, expansion of mining operations, and permitting for on-site rock crushing and asphalt processing operations and in CEQA and Surface Mining and Reclamation Act compliance for approval of reclamation plan for an existing gravel quarry.
Vineyard And Winery Development
Represented vintner overseeing preparation of Environmental Impact Reports for the development of a 1,100 acre vineyard in Monterey County, expansion of a vineyard in Sonoma County, and development of a new winery.
Air Quality Management District Regulations
Represented South Coast Air Quality Management District regarding preparation of EIR for new regulations relating to banking of emission reductions credits for use in permitting new and modified sources.
Thermal Plant On Tribal Lands
Represented power plant developer assisting with preparation of the EIS/EIR for development of 600-megawatt thermal power plant on Indian trust lands.
Development Plan For New Community College Campus
Represented community college district regarding preparation of an EIR for a 10,000-student college campus to be located in the City of San Jose's Coyote Valley area.
Regional Shopping Center Expansion Projects
Represented shopping center developer regarding CEQA compliance and permitting for development of regional shopping centers in Chula Vista and Elk Grove.
Wastewater Treatment Plant Expansion Projects
Represented several cities overseeing completion of environmental impact reports for expansion of the municipal wastewater treatment plants.
Semiconductor Fabrication Plant And Office Projects
Represented Intel with regard to completion of CEQA review for a chip fabrication plant and office buildings planned to be developed in the City of Santa Clara.
Redevelopment Project
Represented homebuilder overseeing preparation of an environmental impact report and supporting evidence for conversion of a former industrial site in San Jose, which had been listed as an historical resource, to a high-density residential community.
County General Plan And Zoning Code Revisions
Represented Mariposa County on CEQA compliance strategy for comprehensive zoning code revisions and industrial development rezoning program.
Planned Development In Orange County
Represented Orange County overseeing the preparation of an Environmental Impact Report for a 14,000-unit planned development on 23,000 acres in Southern Orange County.
Expansion of Oakland Airport
Represented Port of Oakland regarding CEQA and NEPA compliance for large-scale expansion program at Oakland International Airport, including air cargo facility expansion, passenger terminal expansion, parking structures, and runway improvements.
Maritime Facilities Expansion - Port of Oakland
Represented Port of Oakland regarding CEQA and NEPA compliance for multiple marine terminal projects, including deepening the Port's shipping channels, construction of new berths, and development in the Port's Inner Harbor, and developing an intermodal shipping, rail and truck terminal.
Maritime Facilities Expansion - Port of Stockton
Represented the Port of Stockton regarding CEQA and NEPA compliance for redevelopment of a 1,460 acre former Navy base for marine terminal, commercial and industrial uses.
San Jose Office And Industrial Campus
Represented the City of San Jose in overseeing the preparation of an Environmental Impact Report for a plan for a 700-acre Cisco Systems office and industrial campus.
Expansion of Public Transit System
Represented the Santa Clara Valley Transit Authority regarding CEQA and NEPA compliance for improvements to its existing light rail system in Santa Clara County, and for extension of the Bay Area Rapid Transit system to San Jose.
EIR For Air District Permitting Rules
Represented the South Coast Air Quality Management District regarding preparation of an environmental impact report for revised regulations to account for facility shutdowns and emissions reductions that may be used as offsets when issuing permits for new or modified emissions sources.
Municipal Water Supply Project
Represented irrigation on preparation of an environmental impact report for plan to provide 45,000 acre feet of surface water per year to cities in San Joaquin County.
Sewer And Wastewater Treatment Master Plan
Represented sanitary district overseeing preparation of a program Environmental Impact Report for long range sewer and wastewater treatment facilities master plan.
University of California Lawrence Livermore National Laboratory
Represented the University of California in the preparation of a joint EIS/EIR for operation of the Lawrence Livermore National Laboratory by the University of California.
City’s Specific Plan EIR
Represented the City of West Hollywood as special counsel for preparation of a Specific Plan and Master EIR for commercial development of the Sunset Boulevard area of the city.
Single Family Residential Projects
Represented a number of housing developers regarding CEQA compliance, plan amendments, rezones and entitlement issues, for residential development projects throughout northern California.