John C. Lemmo

John C. Lemmo is a member of Procopio’s Public Agencies and Charter Schools Practice Group, and represents public agencies, private developers and landowners in matters involving environmental and land use regulation and litigation. He also provides general and specialized counseling to charter schools, school districts, water districts and municipalities regarding governance, operational, and business matters. He has extensive experience working with and on behalf of local and state governmental and regulatory agencies on permitting, entitlement, compliance, California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA), and enforcement matters.

Prior to joining Procopio, Mr. Lemmo practiced in the areas of public agency, environmental regulation and general commercial litigation with Foley & Lardner LLP. Prior to joining Foley & Lardner, he was with a boutique firm in Beverly Hills, where he practiced real estate, environmental and business litigation. Before graduating from the University of San Diego School of Law, Mr. Lemmo served as a student attorney with its Environmental Law Clinic and, after graduating, served as staff counsel for a nonprofit public interest organization.

Reported Cases

• California School Boards Association v. State Board of Education (2010) 191 Cal.App.4th 530
• New West Charter Middle School v. Los Angeles Unified School District (2010) 187 Cal.App.4th 831
• McLeod v. Vista Unified School District (2008) 158 Cal.App.4th 1156
  
• Life Care Centers of America v. CalOptima (2005) 133 Cal.App.4th 1169

Representative Matters

• Provides counseling and litigation defense for water districts, school districts, charter schools, cities, and redevelopment and other local agencies
• Served as legal counsel in connection with large, controversial public projects; residential, commercial, and industrial approvals; and litigation with respect to CEQA and NEPA issues
• Serves as special counsel to city council for administrative appeals
• Provided counseling and litigation defense related to sewer service allocation, and other rate-payer disputes
• Provided counseling and litigation defense related to taxpayer challenge to general obligation bond issuance and program
• Provides counseling and litigation defense in connection with the formation and operation of charter schools
• Represented board member in special district election dispute
• Provided cost recovery and enforcement defense representation involving LUSTs and other hazardous waste-related cleanups, as well as counseling and negotiation for brownfields representation
• Represented agencies and property owners in direct and inverse condemnation eminent domain litigation
• Provides counseling and litigation defense in connection with coastal development permits (Coastal Act)

Mr. Lemmo holds a J.D. from the University of San Diego School of Law and a bachelor’s degree, cum laude, from Occidental College.

Mr. Lemmo currently chairs the City of San Diego’s Historical Resources Board, and served on an advisory group to the San Diego Unified Port District, chairing its environmental committee. He is a member of the State Bar of California and its Environmental Section, and an adjunct professor at Southwestern College.

 Mr. Lemmo has given numerous presentations on environmental matters to academic and professional organizations, including the California Charter Schools Association (CCSA), Coalition for Adequate School Housing (CASH), Charter Schools Development Center, University of California, and U.S. EPA Brownfields National Conference, and the General Land Office of the State of Texas, and has published many articles in the areas of regulatory compliance. He has also made many local television and radio appearances discussing land use and environmental topics.

Recent Articles/Publications

• “The Ralph M. Brown Act and Related Statutes,” January 2009
• “Compilation of Selected Laws and Regulations Applicable to Charter Schools,” January 2009
• “Greenmail or Environmental Extortion Increases Costs for New Health Care Facilities and Expansions," Hospital Association of San Diego & Imperial Counties, 2007