Somach Simmons & Dunn | Attorneys at Law
Eric Davis is an environmental and public law attorney whose practice is informed by his years of experience as a U.S. diplomat and a senior federal government lawyer. Eric’s broad experience as a litigator, advocate, advisor, and policy maker make him a valuable resource for clients in both the public and private sectors.
As a foreign service officer with the United States Agency for International Development (USAID), Eric served as general counsel for USAID missions overseas, completing assignments in Indonesia, Senegal, Mozambique, and El Salvador. As a senior legal advisor in the field, he was the first-line legal counsel to U.S. Government officials on matters related to the administration of hundreds of millions of dollars of U.S. foreign assistance overseas. He negotiated grants, contracts, and other agreements with foreign governments, multilateral organizations, other U.S. agencies, and private entities. He was the advisor on ethical issues for hundreds of U.S. Government employees. He provided direction to his client missions on host-country employment law, taxation agreements, programmatic legal compliance, and communications with Congress. He was also recognized as an expert in environmental impact analysis law for USAID-financed projects overseas, participating in the review and revision of agency policy governing pre-project review.
Eric’s engagement in legal matters related to water, land use, and other natural resource legal issues began in law school, when he clerked with the California Department of Water Resources, the California Attorney General’s Office, and Legal Services of Northern California (where he focused on urban housing policy and gentrification). While in private law practice, Eric has served as the deputy city attorney for a California city, participated in significant CEQA and NEPA litigation, advised public agencies on the Endangered Species Act, worked with municipalities on groundwater management, and assisted private clients with land use entitlements and development agreements.
After many years abroad, where they amassed an impressive repertoire of stories involving encounters with Komodo dragons, fruit bats, elephants, and lions, Eric and his wife are happy to be back in northern California, where they have renewed appreciation for the value of hiking opportunities on public lands in California and the West.
California Municipal and Public Agency Law: Served as deputy city attorney to a small California city; advised staff and elected officials on matters related to “sunshine laws,” conflicts of interest, and legislative procedure; served as general counsel to a fire protection district.
National Environmental Policy Act (NEPA)/ California Environmental Quality Act (CEQA): Played key role in defending against CEQA challenge to action by a large sanitation district; provided legal analysis to potential plaintiffs in CEQA litigation; reviewed draft environmental impact reports for public agency clients and nonprofit environmental organizations; collaborated on defense of a Colorado municipality in federal litigation alleging violations of reclamation law and NEPA.
Federal Endangered Species Act: Advised public agency on matters relating to a draft Habitat Conservation Plan and associated Implementation Agreement.
Land Use: Advised private clients on issues related to subdivision procedures, conditional use permits, variances, and other matters related to land use entitlements; advised a municipality on drafting and interpretation of development agreements.
Water Quality: Managed settlement negotiations for a public wastewater treatment plant defending a state attorney general’s enforcement action and challenging administrative civil liability imposed by the Regional Water Quality Control Board.
Water Resources: Advised a large southern California city on groundwater management options.
