Skip to main content
Nossaman LLP

Ashley J. Remillard

Partner

T 949.477.7635
F 949.833.7878
18101 Von Karman Avenue, Suite 1800
Irvine, CA 92612

Ashley Remillard has extensive experience both litigating and counseling clients in areas of environmental permitting, land use, endangered species, wildlife, wetlands, water quality, dam removal, wastewater, and transportation.  Ms. Remillard also counsels clients on issues relating to oceans and fisheries management, including issues arising under the Magnuson-Stevens Fishery Conservation and Management Act, the Animal Welfare Act, and the Marine Mammal Protection Act.  Ms. Remillard also has experience negotiating lease and purchase agreements, working with federal and state agencies to obtain statutory and regulatory relief without litigation, and defending complex consumer class action claims.  Ms. Remillard has expertise advising clients regarding environmental compliance, including with respect to the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA), the California Environmental Quality Act (CEQA), the National Historic Preservation Act (NHPA) and the Clean Water Act (CWA).

Ms. Remillard's environmental experience is complemented by her experience in public agency and public contract law, construction and procurement law, and innovative project delivery methods.  Prior to joining Nossaman's Environment & Land Use Practice Group, she was a member of the firm's Infrastructure Practice Group.  As a member of that group, her responsibilities included drafting procurement and contract documents for design-build and public-private partnership (PPP) projects.

Ms. Remillard regularly comments on news, events, and policies affecting endangered species issues in California and throughout the United States on the Firm's Endangered Species Law & Policy blog.

Representative Work

Compliance Counseling and Permitting

  • California High Speed Rail Authority.  Member of team advising the California High Speed Rail Authority regarding environmental permitting and mitigation planning for $68 billion transit project.  Responsibilities include developing and drafting environmental compliance strategy to include in procurement and contract documents. 
  • Coalition for a Sustainable Delta.  Collaborate with client team to develop a strategy to address significant contributors to ecosystem decline in the Sacramento-San Joaquin Delta.  Assist client with implementation of strategy including through participation in regulation and legal proceedings.
  • Kern County Water Agency.  Counsel client regarding the development and review of the Bay Delta Conservation Plan (BDCP) and the related California Waterfix, one of the largest, most complicated water conveyance projects ever undertaken under the ESA.  Participate in review and development of the environmental documents under NEPA and CEQA, as well as implementing and governance agreements. 
  • Orange County Transportation Corridor Agencies.  Provide environmental compliance and strategy recommendations for corridor extension projects.  Counsel on key issues, including endangered species, transportation planning, wetlands, water quality, and coastal zone issues. 
  • The City of Ventura. Assist the City of Ventura in obtaining environmental regulatory permits needed for, and assuring compliance of environmental regulations applicable to, discharges of tertiary treated wastewater to the Santa Clara River Estuary.  Specific tasks for the City include advice, counsel and representation regarding revisions to and renewal of the City's NPDES Permit under the CWA and state Porter Cologne Water Quality Control Act.
  • Dam Removal.  Lead counsel advising public agency regarding impacts of the proposed removal of four Klamath River dams.  Responsibilities have included drafting extensive comments regarding the hydropower license applications (transfer and surrender) submitted to the Federal Energy Regulatory Commission, and intervening in those proceedings.  Member of team that has analyzed the potential impacts associated with proposed dam removal, including expected costs, socioeconomic impacts, and impacts on all affected fish and wildlife (including endangered species). 

Litigation

  • New Mexico Department of Game and Fish v. Department of the Interior, 854 F.3d 1236 (10th Cir. 2017). Representing plaintiffs in case challenging release of captive Mexican wolves into an experimental population in New Mexico in violation of federal and state law. The Firm successfully obtained a preliminary injunction from the district court against the federal government, halting the release of captive wolves within the State of New Mexico. The injunction was eventually overturned by the Tenth Circuit on grounds that New Mexico failed to demonstrate a likelihood of irreparable harm, at which point the case was remanded back to district court.  In March of 2018, New Mexico entered into a memorandum of agreement with the US Fish and Wildlife Service and Arizona whereby the parties commit to work together to plan and carry out releases of captive bred wolves to supplement the wild population as part of a larger effort to recover Mexican wolves in the wild. Thereafter, New Mexico agreed to dismiss the legal action.
  • Fairweather Fish, Inc. v. Pritzker, No. C14-5685 BHS, 2016 WL 6778781, at *11 (W.D. Wash. Nov. 16, 2016), appeal dismissed, No. 17-35037, 2017 WL 3122083 (9th Cir. Apr. 24, 2017).  Lead counsel for plaintiffs in a case challenging a NMFS regulation that amended the hired master provisions of the Individual Fishing Quota Program for the fixed-gear commercial halibut and sablefish fisheries off the coast of Alaska.  After prevailing in the district court, Nossaman successfully resolved the litigation with dismissal of the government’s appeal. 
  • In re Toll Roads, C.D. Cal Case No. 8:16-cv-00262.  Key member of team representing the Orange County Transportation Corridor Agencies in a complex consumer class action involving alleged violations of the state and federal constitutions, as well as multiple statutory claims. 
  • Consolidated Delta Smelt Cases, 717 F. Supp. 2d 1021 (E.D. Cal. 2010), rev'd 747 F.3d 581 (9th Cir. 2014).  Represented plaintiffs Coalition for a Sustainable Delta and Kern County Water Agency in consolidated actions challenging the U.S. Fish and Wildlife Service's 2008 biological opinion for continued operations of the State Water Project and Central Valley Project on the grounds that the Service violated the Administrative Procedure Act (APA) and Endangered Species Act when it issued that opinion.  Obtained injunctive relief and grant of summary judgment of all claims in the trial court, which was reversed by a 2-1 decision in the Ninth Circuit.
  • Consolidated Salmonid Cases, 791 F.Supp.2d 802 (E.D. Cal. 2011), rev’d 776 F.3d 97179 (9th Cir. 2014).  Represent plaintiffs Kern County Water Agency and Coalition for a Sustainable Delta in consolidated actions challenging the National Marine Fisheries Service's biological opinion for continued operations of the State Water Project and Central Valley Project on the grounds that the Service violated the APA and ESA when it issued that opinion.  Obtained injunctive relief and grant of summary judgment of all claims in the trial court, which was reversed in the Ninth Circuit.
  • Georgia Aquarium Inc. v. Pritzker, N.D Georgia Case No. 1:13-CV-3241.  Represent client in challenging a federal permitting decision arising under the Marine Mammal Protection Act for the importation of marine mammals for purposes of public display. 

Infrastructure Work

  • Florida Department of Transportation – I-595 Corridor Roadway Improvements. Served as an integral member of the legal team on the procurement for redevelopment of a 10.5-mile section of the I-595 corridor in the Ft. Lauderdale area. The 35-year, design, build, finance, operate, and maintain concession closed financing in March 2009. Work on the $1.8 billion project included comprehensive legal and procurement assistance, drafting procurement and contract documents, reviews for federal compliance and assistance with proposal evaluation.
  • Florida Department of Transportation – Port of Miami Tunnel. Key member of the team assisting with the procurement of a PPP for the development and operation of a bridge and tunnel project linking the I-395 with the Port of Miami facilities on Dodge Island with MacArthur Causeway and I-395 via a tunnel under Biscayne Bay. The $900 million project closed financing in October of 2009 and is the second PPP in the U.S. transportation sector to use availability payments as the compensation mechanism. Work included comprehensive legal assistance, including drafting contract documents and research regarding federal compliance. 
  • Washington State Department of Transportation – Alaskan Way Viaduct. Member of the team responsible for drafting the design-build contract for the Alaskan Way Viaduct project. The project is a $4.2 billion waterfront-tunnel to replace the existing elevated section SR-99 and Seawall in downtown Seattle. Financing includes $2.4 billion in committed funding from state gas taxes, federal funding, $700m in toll financing and $300m from the Port of Seattle.

Awards & Honors

Selected to the Rising Stars list for 2014-2018

Chosen for individual recognition for Environmental Law in California by Chambers USA, 2017.

Ashley J. Remillard
Ashley J. Remillard

Practices

Education

J.D., University of Southern California School of Law, 2007

B.A., University of Southern California, 2004

Admissions

California

Professional Affiliations

Women's Transportation Seminar (WTS), Diversity and Recognitions Committee Chairperson, Los Angeles Chapter (2008-2010)

Awards & Honors

Selected to the Rising Stars list for 2014-2018

Chosen for individual recognition for Environmental Law in California by Chambers USA, 2017.

  • Professionals
  • Practices
  • Success Stories
  • News
  • Events
  • Resources
  • Firm Pages