Representative Engagements

Challenging Sonar Use Near California Coastline

Nick Yost provided a sworn statement on a pro bono basis in federal court in support of the Natural Resources Defense Counsel's long-running battle with the Navy over its use of sonar in offshore practice maneuvers. The Navy is appealing a recent decision in which a judge in the Central District of California ordered the Navy to limit its use of medium-range sonar to areas more than 12 nautical miles offshore, citing evidence that use of the sonar close to shore threatens endangered whale species and other marine mammals, causing them to become disoriented, in some cases beaching themselves. As general counsel of the Council on Environmental Quality under the Carter administration, Nick drafted wording in the original National Environmental Policy Act regulations that is at issue in the case. His declaration refutes the Navy's contention that previous federal court rulings enjoining the use of sonar do not apply because they constituted "emergencies" under the regulations. In a Jan. 30, 2008 article in the San Francisco Daily Journal, Nick suggested the regulations were being misused by the Navy.

Merger Keeps Wildlife Reserve Active

Sonnenschein represented Wildlife Rescue, a California nonprofit, in a merger with and into a second California nonprofit, the Peninsula Humane Society & SPCA. Hobbled by recent government budget cuts, Wildlife Rescue lacked the financial resources to continue its work rescuing and rehabilitating injured and orphaned wildlife and promoting public education. Now it will have the means to continue in its mission.

The merger presented a number of unexpected complexities for a merger of two nonprofits. Wildlife Rescue, which had a voting membership, faced numerous challenges by a significant group of dissident members—whose complaints were fairly well publicized in the Peninsula area—who attempted to rally the other voting members to disapprove the merger and enforced numerous member rights in order to try to prevent the merger. Employment disputes and various insurance issues also complicated matters.

Leading Sonnenschein's effort was Robin Edwards, with assistance from Meleana Leaverton, Jaymee Castrillo, Libio Latimer, Sheryl Lawrence and Tom McDonald and other attorneys in the San Francisco office. The merger closed on Nov. 30, 2007.