Attorneys > David D. Boyer

DAVID D. BOYER Senior Litigation Partner
dboyer@mkblawyers.com

Mr. Boyer is a seasoned civil litigator with over 22 years of extensive trial, arbitration and mediation experience in a variety of federal and state jurisdictions and venues throughout the United States.  He has litigated to verdict or judgment a wide variety of matters ranging from the defense of nationwide federal securities class action claims to the defense of an assortment of regional projects involving the acquisition, transfer and storage of water.  He has provided legal advice to clients on issues involving land use and natural resources law, public law, employment law, commercial practices and transactions, and insurance coverage, including special district joint powers insurance agency (“JPIA”) coverage issues.

Since joining MKB in 1996, Mr. Boyer’s practice has included the trial and appeal of civil actions for eminent domain and inverse condemnation, nuisance and trespass, and environmental clean-up and remediation under various federal and state enforcement statutes.  He has successfully handled a variety of breach of contract and employment actions, water rights adjudications, environmental declaratory relief and writ of mandate actions under the California Environmental Quality Act (“CEQA”), challenges under the Urban Water Management Planning Act (“UWMPA”), validation and reverse validation actions, and writ of mandate actions raising issues under Articles XIII C and XIII D to the California Constitution (Proposition 218), the Mitigation Fee Act, and the Public Trust Doctrine.  He has also litigated matters involving issues pertaining to the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), the Resource Conservation and Recovery Act (“RCRA”), the Clean Water Act, the Porter-Cologne Water Quality Control Act, the California Hazardous Waste Control Law, the National Environmental Protection Act (“NEPA”), the federal and state Endangered Species Act (“ESA” & “CESA”), and the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (“LAFCO”). 

Mr. Boyer’s recent litigation has focused upon issues concerning the growing relationship between land use and water supply planning.

Admitted 1985, Alabama; 1986, U.S. District Court, Middle District of Alabama and U.S. Court of Appeals, Eleventh Circuit; 1989, California; 1990, U.S. District Court, Central District of California, U.S. District Court, Eastern District of California, U.S. Court of Appeals, Ninth Circuit; 1994, U.S. District Court, Southern District of California. 

Distinctions include Recipient, American Jurisprudence Award in Damages; Recipient, Frazier Reams Fellowship; Recipient, Harold Anderson Scholarship.

Published Cases

Friends of the Santa Clara River v. Castaic Lake Water Agency (2004) 123 Cal.App.4th 1,
19 Cal. Rptr. 3d 625.

Klajic v. Castaic Lake Water Agency (2004) 121 Cal.App.4th 5, 16 Cal. Rptr. 3d 746.

City of Barstow v. Mojave Water Agency (2000) 23 Cal.4th 1224, 99 Cal. Rptr. 2d 294.

Planning & Conservation League v. Department of Water Resources (1998) 17 Cal.4th 264,
70 Cal. Rptr. 2d 635.

 

Publications and Presentations

Co-Author, "Second District Dismisses Constitutional Challenge To AB 687 - Underlying Casino Contracts Are Subject To Validation Statutes" - California Water Law & Policy Reporter, March 2007, Vol. 17, Number 6.

Co-Author, "Third District Court Holds 'Project' For CEQA Purposes Does Not Arise Prior to Vesting of Rights And Agency Course of Action Decision" California Water Law & Policy Reporter, March 2007, Vol. 17, Number 6.

Co-Author, "DWR's Long-Awaited 'Monterey Plus' Draft EIR Is Released For Public Comment" California Water Law & Policy Reporter, December 2007, Vol. 18 No. 3.

Co-Author, "Superior Court Denies Challenge To EIR For Water Acquisition From Kern County Water Banking And Recovery Program" California Water Law & Policy Reporter, Jan. 2008, Vol. 18, No. 4.

“The Business of Risk” ACWA 1997 Continuing Legal Education Workshop for Water Attorneys, San Francisco, CA. 

“Avoiding Legal Challenges in Preparing Urban Water Management Plans” ACWA 2005 Spring Conference, San Jose, CA.

“Can Water Suppliers Extricate Themselves from Land Use Planning Battles?” ACWA 2007 Spring Conference, Sacramento, California.

“Groundwater Storage: An Alternative to New Surface Reservoirs?” ACWA 2007 Continuing Legal Education Workshop for Water Attorneys, Pasadena, California.

“Delta Decisions and Drought: The Future of Water Supply in California” CALAFCO May 2008 University Course, Los Angeles, California.



Organizations and Activities

- American and Federal Bar Associations
- State Bar of California 
- State Bar of Alabama
- Orange County Bar Association
- Association of California Water Agencies
- Judge Pro Tem, Orange County Superior Court, 1998-2004