Construction & Building Materials
The leader in the industry
JMBM has a dominant position among California law firms in the building materials industry. We advise materials suppliers (including sand, gravel and cement companies) and manufacturers, as well as contractors and other industry players on their integrated corporate, regulatory and dispute-resolution issues. Our lawyers bring their contract, transaction and financing experience to each client project, and work in collaboration with lawyers from the firm’s practices in tax, litigation, regulatory and many other areas. If you are involved in the building materials industry, expect seamless service to meet any need.
Providing a special industry focus
Few California law firms can match JMBM’s representation of mining and natural resource companies in environmental matters. Our clients include rock, sand and gravel quarry operations, aggregate mining companies, and producers of cement and ready-mix concrete. We advise them on compliance with all relevant environmental laws—from the Endangered Species Act to the Clean Air and Water Acts. Working closely with the firm’s real estate, environmental and land use lawyers, our team also helps clients negotiate approvals with land use and environmental authorities for reclamation of mining properties, including the creation of California’s first joint powers authority for quarry reclamation.
Demonstrating regulatory knowledge
We provide building material clients with an exceptional combination of regulatory, business and litigation experience, applied to a full range of permitting and compliance issues. This not only includes environmental compliance, but also a variety of taxation, zoning and economic-development issues that require negotiation with state and federal agencies. The results of such negotiation can often extend the life of an aggregates or quarrying operation by 30 to 40 years.
We regularly assist building materials companies that have construction operations, particularly those focusing on public highway infrastructure. This experience allows us to provide expert advice on such issues as public contract bids and compliance. We negotiate on behalf of these clients with the California Department of Transportation on everything from project contracting to the regulations that govern ready-mix cement trucks. No matter what your regulatory need, we will represent your interests before administrative agencies throughout the complete permitting and compliance process.
Property redevelopment
One of our most specialized areas of counsel to the building materials industry is on property reclamation. We have a special focus on properties involved in rock, sand and gravel quarry operations, and aggregate mining. Our work in this area is not typical environmental remediation and cleanup. Rather, it is transaction-oriented, and aimed at positioning properties for useful second lives once their original production activity is complete. If you own such land, you can rely on our help with everything from securing permits and approvals to identifying sources of public and private development financing.
Attorneys
Successes
- For Vulcan Materials Company, Western Division: California Court of Appeal rules in favor of JMBM client in CEQA challenge For Vulcan Materials Company, Western Division: On February 19, 2013, the Second Appellate District of the California Court of Appeal ruled in favor of JMBM client Vulcan Materials Company in a CEQA challenge brought against the City of Azusa by the City of Duarte. Duarte sought to prevent Vulcan’s plans to change the location of [...]
- For Troesh Materials LLC: Second Appellate District Court ruled in favor of JMBM client In a decision published on February 8, 2013, the Second Appellate District Court ruled in favor of JMBM client Troesh Materials, LLC in a challenge brought pursuant to the California Environmental Quality Act (CEQA) against the County of Santa Barbara’s approval of Troesh’s Diamond Rock Sand and Gravel Mine and Processing Facility (the “Diamond Rock [...]
- For Western Aggregates, Inc: JMBM Client Prevails in First-Ever Vested Rights Hearing Jeffer Mangels Butler & Marmaro LLP announced that its client, Western Aggregates LLC – a subsidiary of Eagle Materials Inc. – prevailed in a hearing before the State Mining and Geology Board (Board) to determine the validity of “vested rights” to mine and produce construction materials from lands in the Yuba Goldfields, one of the [...]
- For Eagle Materials subsidiary Mathews Readymix LLC: JMBM represented construction materials company in stormwater discharge litigation California Sportfishing Protection Alliance v. Mathews Readymix, LLC, Case No. 2:06-CV-0505-MCE-GGH, involved litigation challenging stormwater discharges. JMBM represents Eagle Materials Inc. and its wholly-owned subsidiaries, Western Aggregates LLC, Mathews Readymix LLC, and Nevada Cement Company on a wide range of environmental matters. JMBM represents Eagle on various permitting issues relating to the Yuba Goldfields in [...]
- Selected CEQA Litigation Experience JMBM’s Government, Land Use, Environment & Energy (GLUEE) lawyers offer comprehensive strategies for clearing the many environmental hurdles that confront all proposed projects before, during, and after development. Environmental approvals are particularly complex for the many projects we represent in California where, as part of the development process, we prepare and review documentation to ensure [...]
- Selected Land Use Litigation Cases JMBM’s Government, Land Use, Environment & Energy (GLUEE) lawyers represent a wide range of industries, businesses, trade groups and individuals at every level of government, particularly throughout the state of California. Our particular strength is handling all permitting and compliance issues for clients seeking to locate and develop new sites, relocate or expand operations. When [...]
- JMBM represented a construction materials company in a court challenge to mining rights The Firm represented a construction materials company in defense of a state-court challenge to mining rights for the largest sand and gravel deposit in North America.
- For Vulcan Chemical Co.: JMBM successfully resolved a multi-party CERCLA cost recovery case For Vulcan Chemical Co., in a multi-party CERCLA cost recovery case regarding an aluminum smelter in Southern California’s Inland Empire, JMBM successfully resolved the case after a successful CERCLA summary motion involving an aluminum smelter in the Inland Empire. The summary motion was followed by favorable resolution of cost recovery litigation.
- JMBM helped an aggregate mining operator secure federal and local permits The Firm successfully represented an aggregate mining operator secure federal and local permits for the largest federally-contracted construction aggregate project in the United States.
- JMBM led precedent-breaking litigation to reach an agreement between a mining operation and the city of Irwindale, California to extend the life of the Irwindale quarries After precedent-breaking litigation, JMBM client, United Rock Products Corporation, and the city of Irwindale, California reached agreement to extend the life of the Irwindale quarries for 25 years. The transaction is most notable for the creation of a joint powers authority between the city of Irwindale and the Irwindale Reclamation Authority. Under the arrangement, the [...]
- For the California Mining Association: JMBM achieved a high wind exemption critical to large construction projects throughout Southern California JMBM attorneys, acting on behalf of the California Mining Association (CMA), filed suit against the South Coast Air Quality Management District challenging its adoption of a new regulation. As part of the settlement JMBM achieved for the CMA, the SCAQMD was required to amend the regulation and allow a high wind exemption critical to CMA [...]
- For CEMEX, Inc.: JMBM scored a significant victory in the Ninth Circuit Court of Appeals for a mine project, which involved the relationship of the federal Endangered Species Act to state law On June 5, 2006, JMBM scored a significant victory for the firm’s client, CEMEX, Inc., when the Ninth Circuit Court of Appeals issued a published opinion in Center for Biological Diversity, et al. v. U.S. Fish & Wildlife Service, and CEMEX, Inc. The Center’s lawsuit challenged authorizations by the Service in favor of the Soledad [...]
- Getting Results - Prevailing against the regulators JMBM lawyers, acting on behalf of the California Mining Association, filed suit against the South Coast Air Quality Management District (SCAQMD) challenging its adoption of a new regulation. As part of the settlement we achieved for our client, the SCAQMD was required to amend the regulation and allow a high wind exemption critical to CMA [...]
- Getting Results - A big litigation win JMBM scored a significant victory for the firm’s client, CEMEX, Inc., when the Ninth Circuit Court of Appeals issued a published opinion in Center for Biological Diversity, et al. v. U.S. Fish & Wildlife Service, and CEMEX, Inc. The Center’s lawsuit challenged authorizations by the Service in favor of the Soledad Canyon Sand and Gravel [...]
- Getting Results - An unprecedented development agreement After precedent-breaking litigation, JMBM client United Rock Products Corporation and the city of Irwindale, California reached an agreement to extend the life of the Irwindale quarries for 25 years. The transaction is most notable for the creation of a joint powers authority between the city of Irwindale and the Irwindale Reclamation Authority—the first such arrangement [...]