Theodore J. Griswold

Mr. Griswold is head of the Native American Law practice group and a member of the firm’s Environmental & Land Use practice group. His practice emphasizes natural resource, Native American, wetlands, habitat, and environmental land use matters. He represents Native American governments in Tribal land issues including land and natural resource planning, Tribal property clean-up, federal permitting, water supply development and protection, water quality, and environmental land use issues. Mr. Griswold’s practice also includes intergovernmental agreements with state and federal agencies, intergovernmental relations, Tribal land acquisitions and fee-to-trust transfers, protection of Native American Sacred Sites, and Reservation boundary defense. He is working with Tribes in retaining the value of cultural museum exhibitions and the unauthorized use of allotted lands in public domain situations. He assists Tribes in infrastructure grant implementation, Tribal housing permitting and economic development strategies. Mr. Griswold also acts as pro-bono counsel for Native American Environmental Protection Coalition and pro-bono co-counsel for California Indian Legal Services.

Mr. Griswold also has extensive experience resolving habitat and wetland issues of all scales and locations. His environmental practice includes wetlands law, state and federal endangered species law, NCCP, land use permitting, water quality compliance and natural resource management plans. He has coordinated the development and modification of multiple species conservation plans, single species habitat conservation plans, conservation agreements, mitigation banks, wetland permitting, streambed alterations and public and private conservation preserves. Mr. Griswold assists tribal, public agency and private clients in negotiating and receiving permit approvals from all resource agencies, including Bureau of Indian Affairs, California Department of Transportation, U.S. Army Corps of Engineers, U.S. Fish & Wildlife Service, U.S. Environmental Protection Agency, California Regional Water Quality Control Board, California Department of Fish & Game, California Coastal Commission and various municipalities.

Mr. Griswold also handles a variety of hazardous waste matters and environmental litigation for public agencies, non-profit organizations, developers, corporations and property owners. Additionally, he has drafted environmental guidelines for public agencies and handled complex natural resource, land use and contamination issues for various landowners. Mr. Griswold has published and lectured extensively on a variety of environmental and natural resource law issues.

Representative Matters

• Handled litigation and settlement to resolve trespass, inverse condemnation, and alternative water rights claims due to flooding of Tribal Reservation.
• Fee-to-Trust process oversight and strategic development of applications, processing.
• Assisted Tribes with fee-simple property purchases and due diligence related to those purchases in anticipation of trust transfer.
• Advocated Tribal interests to County and State governments regarding sovereignty concerns, boundary defense and inappropriate interference with Tribal Government.
• Assisted Tribal Governments and Tribal members in removing unwanted land uses on Tribal land and allotments.
• Assisted Tribe in developing off-Reservation habitat preserve.
• Negotiate with other entities for proposed water supply pipeline across Reservation lands.
• Negotiate with the United States Fish & Wildlife Service to avoid having areas on and adjacent to the Reservation designated as critical habitat.
• Prepared inter-governmental agreements with the County of San Diego to address unauthorized dumping and road maintenance on Reservation.
• Addressed legal issues related to the closure of a Tribal landfills.
• Pursued unauthorized trespass and Tribal Property destruction on Reservation.
• Provided legal analysis of Tribal authority and processing of Tribe’s application for “treatment as a state” under the Federal Clean Water Act and the Federal Clean Air Act.
• Assisted Tribe with endangered species permitting and compliance, including permitting avoidance and alternative means of conservation.
• Assisted Tribe with environmental issues related to pipeline and water well installations.
• Lead litigator for Tribe in numerous cases against the County of San Diego and the Olivenhain Municipal Water District challenging various aspects of the proposed Gregory Canyon landfill.
• Lead litigator for Tribe challenging expansion of latent powers by the San Luis Rey Municipal Water District.
• Assisted in preparation of applications to list sacred and culturally important resources on the National List of Historic Sites; testified on the listing before the State Historic Preservation Office.
• Assisted Tribes in obtaining encroachment permits from Caltrans, and negotiated with Caltrans regarding road and entrance improvements.
• Negotiated settlement of federal Clean Water Act Notices of Violation against Tribes.
• Assisted Tribes with obtaining permits under Section 404 of the Clean Water Act.
• Assisted Tribe in closing wastewater treatment plant and preparing site for reuse.
• Counseled Tribes on permitting and HUD approval of Tribal Housing developments.
• Drafted and negotiated construction contracts for casino construction and purchase and buyout of Gaming Management contracts.
• Assisted Tribe in obtaining tax-exempt Tribal Financing including leasing and finance development.
• Assisted Tribes in preparing Master Plans for their Reservations.
• Counseled Tribe on methods of avoiding need for federal involvement in expansion of casino and hotel.

Mr. Griswold received his undergraduate education in Biology, magna cum laude, from San Diego State University in 1985 and his master of science, Coastal Ecology, from San Diego State University in 1987. He graduated magna cum laude from the University of San Diego School of Law in 1992. Mr. Griswold serves as an advisor and pro bono counsel to the Native American Environmental Protection Coalition and California Indian Legal Services. He is a member of the Native American Resources Committee, American Bar Association, SDSU College of Sciences Dean’s Advisory Board, the San Dieguito River Watershed Technical Advisory Committee and the San Diego Regional Sustainability Partnership Advisory Board.  He is also on the board of directors of the Ocean Discovery Institute. Mr. Griswold is formerly a member of the City of San Diego, Wetlands Advisory Board, Policy and Legislative Subcommittee, the Environmental Law Institute and the State Department of Toxic Substances Control Site Mitigation Update Advisory Group. In 2007 - 2010, he was selected for inclusion in the Southern California Super Lawyers® - San Diego list in the Environmental category. Mr. Griswold is also recognized as an AV rated attorney by Martindale-Hubbell.

 Recent Articles/Publications

• Contributing author, Environment, Energy, and Resources Law: The Year in Review 2011, Native American Resources. American Bar Association, Section on Natural Resources, Energy and Environmental Law.
• Gregory Mountain: A Sacred Site Protection Failure, Ted Griswold and Jonathan P. Scoll. Natural Resources and Environment, Winter 2012. American Bar Association, Section on Natural Resources, Energy and Environmental Law.
• "Environmental Hazards and Jurisdiction on Tribal Lands," Human Rights Magazine, April 1, 2006

Recent Seminars and Speeches

• “Importance of Developing Tribal Master Plan and Environmental Assessment in Economic Planning,” Presentation to California Native American Economic Conference, Native Nations, April 27, 2010, San Diego.
• "Tribal Economic Development Opportunities and Resources Arising from the Obama Stimulus Package," Presentation to Tribal Clients, 2009-2010.
• "Clash of Emerging Economies: Tribes, Environment and Planning," Presentation with Michael Connolly, Laguna Resource Services, given to Spirit of the Land Conference, February 13-14, 2004, San Diego State University.
• "Introduction to Tribal Lands--A Primer before you walk onto a Reservation" Presentation to Current Environmental Issues on and Off the Reservation, California State Bar Section Education Institute, January 23, 2004, Santa Monica CA.