Thomas M. Berliner focuses his practice on water, energy, environmental and governmental/municipal law and is chair of the Duane Morris' Water Resources and Renewable Energy and Sustainability practice groups. Mr. Berliner's practice includes advising public entities and private clients on all aspects of water supply, hydropower, energy development, renewable and sustainable energy practices, natural resources and environmental compliance and litigation. He also advises municipalities, special districts, private individuals and companies on municipal affairs and government procurement. Mr. Berliner represents clients before local, state and federal agencies on administrative, regulatory and legislative matters.

Prior to joining Duane Morris, Mr. Berliner was the general counsel to the San Francisco Public Utilities Commission (PUC), where for nearly 20 years he advised the PUC and San Francisco's mayor and board of supervisors on matters pertaining to water and energy utilities and municipal affairs. He is a member of the Association of California Water Agencies, the Section of the Environment, Energy and Resources of the American Bar Association and The State Bar of California.

Mr. Berliner is a 1978 graduate of the University of California Hastings College of the Law, where he was a founder of the Hastings International and Comparative Law Journal, and a graduate of the University of California at Davis.

Areas Of Practice

Water Rights
Energy Law
Municipal Law
Government Relations

Representative Matters

Representation of irrigation interests on the San Joaquin River regarding impacts resulting from the restoration of the San Joaquin River.
Representation of urban water agency regarding compliance with Proposition 218 and management of groundwater resources.
Preparation and defense of NEPA documents concerning water quality standards setting processes; hydropower licensings, federal contracting and federal land permitting. Examples include representation of urban water suppliers in numerous proceedings to establish WQ standards for the Bay-Delta region of California; representation of customers of the California State Water Project in the FERC relicensing of Oroville Dam; negotiations on behalf of water agency that serves Silicon Valley in 8 years of contract negotiations with the U.S. Bureau of Reclamation; and representation of federal land permittee in numerous negotiations with Department of Interior regarding uses of federal right of way.
Preparation and defense of state NEPA environmental documents for hydropower and water development projects. Examples include prosecution of a CEQA challenge to a water development project on the Sacramento River and defense of numerous challenges to water agencies regarding a variety of water development projects.
Defense of cement manufacturers regarding industrial and stormwater discharges and NPDES permits. Examples include representation of a cement manufacturer regarding alleged discharge violations of the general discharge permit and representation of a sand and gravel processor regarding discharges to San Francisco Bay.
Negotiation of lease agreement for quarry operators including on behalf of landowner as well as the quarry operator as lessee.
Representation of large urban water agency regarding renewals of contracts with the United States Bureau of Reclamation, including contract negotiation, environmental compliance, and litigation.
Negotiation of legislation to amend water transfer provisions in the California Water Code.
Prosecution of water rights on behalf of wineries in Northern California.
Negotiation of streambed alteration permits on behalf of an agricultural water user.
Recurring advice to numerous clients regarding water transfers and exchanges.
Representation of water agency regarding acquisitions of another water agency and related water supplies.
Representation of consortium of major California water users in hydropower relicensing before the Federal Energy Regulatory Commission.
Representation of public agency before the California Public Utilities Commission regarding divestiture of PG&E's assets.
Representation on legal and policy matters in all aspects of City of San Francisco's operation of utilities serving retail and wholesale water to 2.4 million customers of the San Francisco Water Department, legal and policy advice regarding development, generation and sales of hydropower with capacity of 400MW for Hetch Hetchy Water and Power Department, and oversight of legal advice regarding wastewater treatment for the San Francisco Clean Water Program.
Representation of San Francisco in the "Bay-Delta" hearings and other water rights proceedings before the State Water Resources Control Board. Member, Ag/Urban Policy Workgroup. Policy/legal representative for San Joaquin River Group affairs, including negotiation and drafting of Vernalis Adaptive Management Plan.
Representation of San Francisco before the Federal Energy Regulatory Commission (FERC) in landmark proceeding involving establishment of fishery flows and other environmental measures on the Tuolumne River, California. This five year regulatory proceeding resulted in first-ever mediation conducted under auspices of FERC. Also represented San Francisco in three other proceedings at FERC concerning licensing of hydropower facilities.
Representation of San Francisco and other California urban water suppliers before the State Legislature, Congress and federal regulatory agencies on matters of concern regarding California and western water issues.
Representation and advice concerning energy deregulation. Strategic planning and legal advice concerning opportunities created by deregulation.
Negotiation of interconnection agreements, electricity sales contracts, utility undergrounding agreements, load transfer agreements. Negotiation and advice regarding financial and strategic partnerships for acquisition/disposition of fossil fuel plants owned by Pacific Gas & Electric Company.
Drought management issues including rationing programs and negotiation of water transfer contracts.

Professional Activities

American Bar Association
- Section of Environment, Energy and Resources
The State Bar of California
Association of California Water Agencies - Energy Committee
California Water Association

Admissions

California
United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the District of Columbia
Supreme Court of the United States

Education

University of California, Hastings College of the Law, J.D., 1978
University of California, Davis, A.B., 1975

Experience

Duane Morris LLP
- Partner, 1998-present
San Francisco City Attorney's Office, San Francisco, California
- Deputy City Attorney, San Francisco, California, 1979-1985
San Francisco Public Utilities Commission
- General Counsel, San Francisco Public Utilities Commission, 1996-1998
- Water Counsel, San Francisco Public Utilities Commission, 1985-1996
- Deputy City Attorney, San Francisco, California, 1979-1985

Civic and Charitable Activities

Bay Area Association of Disabled Sailors
Congregation Rodef Sholom
- Vice President
- Board of Directors, 1996-present
Handicapped Access Appeals Board, City and County of San Francisco
- Board Member and President, 1987-1992
Independent Living Resource Center
- Board Member and President, 1985-1991
Jewish Community Federation
- Chair, Marin Division, Campaign Telethon, 1999
- Chair, Planning and Allocations Committee, 1981-1992
-- Accessibility Subcommittee
- Leadership Development Committee
United Jewish Appeal
- Young Leadership Cabinet, 1988-1990
San Francisco Chamber of Commerce
- Water Committee

Selected Publications

Co-author, "New Endorsement of State Authority Under the Clean Water Act: S.D. Warren v. Maine Board of Environmental Protection," Western Water Law & Policy Reporter, July 2006

Selected Speaking Engagements

Panelist, "Reasonable Use of Water," Hasting College of the Law - Water Law Symposium, March 2008
Panelist, "Dam Decommissioning," American Bar Association, San Diego, California, February 2008
Panelist, "The Role of Hydropower and Implications for Global Climate Change," Tufts University, Medford, Massachusetts, June 2006
Panelist, "Vulnerability Assessments Under the Bioterrorism Preparedness and Response Act of 2002," sponsored by the Association of California Water Agencies, September 25, 2003
"FERC Hydro Relicensing, PG&E Bankruptcy, Southern California Edison Settlement, CPUC Divestiture Proceeding, and EBMUD Freeport Project," Association of California Water Agencies Conference, San Diego, California, November 29, 2001
"California Bay-Delta: A Microcosm for the Future," Seventh Annual Meeting of the ABA Section of Environment, Energy and Resources, San Francisco, California, October 8, 1999
Water Rights and Annual Executive Briefing, Water Education Foundation Annual Legal Conference, San Francisco, California, annual engagement
"Stadiums: The San Francisco Giants, 49'ers, and You," American Bar Association's Annual Conference, San Francisco, California, 1997
United States Bureau of Reclamation, Innovations Conference, Central Valley Project Improvement Act, Sacramento, California, 1996
"Mediation of Hydropower Licensing Proceedings Before the FERC," American Bar Association's Natural Resources, Energy and Environmental Law Section, Annual Conference, Orlando, Florida, 1995
"Water Rights and Amendments to the Water Code," State Water Resources Control Board's Annual Retreat, Long Beach, California, 1991
Commonwealth Club of California: Water Rights and Bay-Delta Hearings, San Francisco, California, 1990