Russell Frink, Senior Counsel

Russell Frink advises public- and private-sector clients in matters involving environmental law, water rights, natural resources development, and land use regulation. He has extensive experience representing clients in federal and state courts, administrative tribunals, and local government hearings.

Prior to joining Kronick, Russell worked at law firms representing prominent public agencies and private businesses in civil litigation, land use matters, environmental permitting, water rights and water quality issues, and real estate law. He has significant experience providing counsel to land developers, water users, government agencies, agricultural businesses, and mining firms on environmental laws and regulations. Russell’s other areas of expertise include private development fees and local taxes and assessments (Mitigation Fee Act and Props 13, 218, and 26).

LEGAL EXPERIENCE

Water Rights

Prepare water rights opinions documenting the validity and extent of riparian and pre-1914 water rights.
Complete water rights reporting for water rights holders to resolve enforcement actions by the State Water Resources Control Board or to streamline compliance protocols.
Prepare and defend assessments of water supplies for new real estate development projects pursuant to SB 610/221.

Land Use/CEQA

Obtain approvals for a wide variety of land use entitlements for development projects, including annexations, general plan and zoning amendments, and subdivision maps.
Assist developers in developing strategies for complying with Conditions of Approval for land use entitlements, including infrastructure financing agreements, credit reimbursements, and negotiating offsite utility easements.
Negotiate and draft agreements between neighboring landowners to facilitate construction of shared utilities or transportation infrastructure.
Obtain vested non-conforming use determinations from cities and counties on behalf of mining companies.
Advise clients on public and private land use restrictions prior to development.
Advise mining companies on SMARA compliance.

Litigation/Administrative Hearings

Represent clients in federal and state court proceedings.
Defend mining companies and other operators of industrial facilities from Clean Water Act citizen suits.
Defend water rights holders in administrative enforcement actions by the State Water Resources Control Board.

PRACTICE EXAMPLES

Represented private client in successful resolution of dispute with a Mutual Water Company that achieved client’s desired outcomes and resulted in full recovery of legal fees.
Represented construction materials mining company in successful resolution of dispute with county.
Obtained favorable (four-figure) settlement for equipment operator facing high-six-figure exposure in penalties in environmental litigation brought by multiple state agencies.
Defended materials manufacturer in CERCLA lawsuit brought by property owner.
Represented Impact Capital Fund in obtaining land use entitlements for K-6 Charter Elementary School on a 4-acre infill site.
Represented land developer in obtaining land use entitlements for proposed 1,400 acre industrial development.
Represented land developer in obtaining land use entitlements for proposed 5,500 acre master planned development.
Performed due diligence for buyer in $320 million purchase of undeveloped property and vested land use entitlements.
Represented purchasers of $2 million in development fee credits in performing due diligence and completing transaction.
Represented land developer in reverse validation action challenging water capacity fees under the Mitigation Fee Act.