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In the News

Debbie Leonard’s Analysis of Groundwater Rights Retirement and Groundwater Conservation Easements Presented to Nevada Legislature’s Interim Natural Resources Committee. On May 10, 2024, two matters on which Debbie is working were presented to legislators who are to seeking to find solutions to Nevada’s chronically overpumped aquifers. The first was Debbie’s analysis for The Nature Conservancy (available here:  https://www.leg.state.nv.us/App/InterimCommittee/REL/Document/30417) of potential legislative changes that are needed to reconcile Nevada water law with strategies to encourage groundwater conservation. The second related to Debbie’s work for Central Nevada Regional Water Authority and Humboldt River Basin Water Authority to implement a first-of-its-kind groundwater rights retirement program through the Water Conservation and Infrastructure Initiative (https://www.leg.state.nv.us/App/InterimCommittee/REL/Document/30421). Debbie continues to be involved in projects that employ out-of-the-box approaches to ensure resource sustainability into the future.   

Debbie Leonard Again Teaches District Judges About Newly Issued Appellate Court Decisions.  For the fourth year in a row, , Debbie was invited to speak to the annual gathering of Nevada’s judges, where she presented an update of civil law opinions from the previous year. At the April 12, 2024 Nevada District Court Judges Annual Seminar, Debbie canvassed the new case law in the areas of civil procedure, arbitration, judicial review of administrative agencies, real property, contracts, torts, anti-SLAPP and attorneys’ fees, among other topics. She discussed Nevada’s evolving jurisprudence and the policy implications for litigants and practitioners.

Debbie Leonard Presents at the 2023 Nevada District Court Judges Seminar. Once again, Debbie was invited to speak to the annual gathering of Nevada’s judges, where she presented a Review of Nevada Appellate Civil Opinions from the previous year. The April 28, 2023 presentation focused on recent published decisions of the Nevada Supreme Court and Court of Appeals that discussed the scope of a district court’s discretion in granting injunctions, overseeing discovery, addressing attorney misconduct, and ordering sanctions, among other topics. She also addressed select cases that decided matters of first impression in the areas of state constitutional claims, real property disputes, and statutory interpretation.

Nevada Supreme Court Upholds Diamond Valley Groundwater Management Plan. After her recent success, Debbie Leonard was quoted in The Nevada Independent regarding the impact of the Nevada Supreme Court’s decision on the future of sustainable groundwater use in the State. Read the full article here: https://thenevadaindependent.com/article/justices-uphold-groundwater-plan-in-ruling-that-could-significantly-affect-water-managementefbfbc

Debbie Leonard Presents at the Nevada Judicial Leadership Summit. On May 6, 2022, Debbie gave a presentation entitled Civil Law Update at the Nevada Judicial Leadership Summit at Lake Tahoe, where over 100 members of the Nevada judiciary gathered for a judicial education conference. With an audience of Nevada Supreme Court justices, and judges from the Court of Appeals, District Courts, Municipal Courts, and Justice Courts, Debbie discussed the previous year’s published opinions on an array of topics, including judicial disqualification, arbitration, statutes of limitation and repose, constitutional law, and evidence.

Leonard Law Establishes Upward Bound Scholarship: Debbie recently established a scholarship endowment through the University of Nevada, Reno Foundation for students in the Upward Bound Program. Upward Bound is a college preparatory program for low income students who seek to be the first generation in their families to go to college. The scholarship will support students to further their educational goals and advance themselves personally and professionally.

Leonard Law Ranked by Best Lawyers and U.S. News & World Report. After Debbie was selected by her peers and recognized in The Best Lawyers in America earlier this year, Leonard Law has received tier 1 and 2 metropolitan rankings in the 2022 edition of U.S. News & World Report of the “Best Law Firms.” Firms that receive tier designations are recognized for professional excellence with consistently impressive ratings from clients and peers. Leonard Law was ranked in the areas of Appellate Practice, Commercial Litigation, Land Use and Zoning Law and Litigation - Land Use and Zoning. You can view Leonard Law’s ranking information here.

2021 Edition of Nevada Appellate Practice Manual Published With Debbie Leonard Once Again Serving As Lead Editor. Debbie literally “wrote the book” on appellate practice in Nevada, having served as Lead Editor of the Nevada Appellate Practice Manual since 2016. The State Bar of Nevada recently published the 2021 Edition, which received a rave review in the June 2021 Nevada Lawyer magazine. https://nvbar.org/wp-content/uploads/NevadaLawyer_June2021_Review-Nevada-Appellate-Manual.pdf. The digital download version of the Manual is available for purchase on the State Bar’s website: https://nvbar.org/news-and-publications/resources-2/books-manuals-and-references/#barpubs

Debbie Leonard Once Again Named in Nevada’s Legal Elite in 2021.  Debbie again made the list of top Northern Nevada attorney in the areas water, land and appellate practice. https://www.nevadabusiness.com/2021/06/legal-elite-2021/

Debbie Leonard Presents at the Nevada District Judges Conference. On April 23, 2021, Debbie gave a presentation entitled Civil Law Update to nearly 80 of Nevada’s district court judges as part of the Supreme Court of Nevada’s annual judicial education seminar. The purpose of the seminar was to bring district judges up to speed on the current state of civil law, with Debbie canvassing a year’s worth of Nevada Supreme Court and Court of Appeals published opinions on an array of topics, including claims, discovery, privileges, property, torts, and attorneys’ fees

Debbie Leonard is a Featured Speaker in the University of Nevada’s Career Explorations: Women in STEM Series. On April 28, 2021, Debbie spoke on the topic of Effective Communication & Conflict Resolution to college students who are exploring careers in science, technology, engineering and math. https://cewis.carrd.co/?lor=1&utm_source=mass_mailer&utm_medium=email&utm_content=741549&utm_campaign=uni_targeted_emails

Potential Water Court for Nevada. Debbie was quoted in The Nevada Independent on an anticipated proposal to study whether a water court should be established in the State.  https://thenevadaindependent.com/article/as-sisolak-administration-abandons-move-to-upend-legal-system-for-water-rights-cases-supreme-court-may-study-new-speciality-court

More on the Diamond Valley Groundwater Management Plan. The Nevada Independent recently did an in-depth article on the Diamond Valley Groundwater Management Plan featuring interviews with Debbie’s clients on the importance of their appeal to the Nevada Supreme Court. https://thenevadaindependent.com/article/in-diamond-valley-farmers-are-looking-to-protect-their-future-and-testing-the-limits-of-nevadas-water-laws

Debbie Leonard Named One Of Northern Nevada’s Top Attorneys in 2020. Debbie was recently named one of Northern Nevada’s top attorneys for 2020 in the areas of Appeals, Water & Land and Mediation. Each year Nevada Business Magazine’s Legal Elite showcases Nevada attorneys who have been recognized by their peers for their work and dedication to the legal field. Read the full article here: https://www.nevadabusiness.com/2020/06/legal-elite-2020-the-silver-states-top-attorneys/

Cold Spring Valley Temporary Groundwater Moratorium. Debbie was recently quoted in the Reno Gazette Journal from her presentation at a hearing before the Nevada Division of Water Resources regarding a temporary moratorium on the State Engineer’s development approvals in Cold Spring basin. Read the full article here: https://www.rgj.com/story/news/2020/05/29/stonegate-developers-state-underestimated-water-levels-cold-spring/5263786002/?utm_campaign=snd-autopilot

Diamond Valley Groundwater Management Plan. Debbie was recently quoted in The Nevada Independent regarding the Seventh Judicial District Court’s rejection of the Diamond Valley Groundwater Management Plan. Read the full article here: https://thenevadaindependent.com/article/district-court-judge-strikes-down-state-backed-groundwater-market-for-violating-first-in-time-first-in-right-rule

Recent Successes

Big Win for Diamond Valley Groundwater Management Plan. On June 16, 2022, the Nevada Supreme Court sided with Debbie’s arguments to uphold a first-of-its-kind, community generated groundwater management plan developed for Diamond Valley. The case turned on the meaning of a 2011 law that required the State Engineer to commence curtailment by priority in any chronically overpumped groundwater basin designated a Critical Management Area, unless a majority of water users approved a local groundwater management plan within 10 years of the designation. Reading the statute’s plain language, the Court concluded that such plans could deviate from strict prior appropriation law so long as they meet the statutory criteria. The Diamond Valley plan employs incremental water use reductions in proportion to seniority to bring the aquifer into balance over a 35-year horizon while maintaining the social and economic fabric of Eureka County. A link to the opinion can be found here:

Client’s Cancelled Water Rights Reinstated With Original Priority Dates. On July 8, 2019, the Seventh Judicial District Court of Nevada issued an order restoring the original priority dates for my client’s long-held water permits, which had been cancelled and then reinstated by the State Engineer. The Court agreed with my argument that an equitable remedy was warranted based on my client’s ongoing diligence to use the water, the substantial harm it would suffer if original priority dates were not restored, and the inconsistent noticing procedures by the State Engineer that led to cancellation of the permits in the first place.

Nevada Supreme Court Applies Anti-Speculation Doctrine to Water Permit Extension Requests. I am excited to share my recent big win in the Nevada Supreme Court in a water rights case. As a scarce resource throughout the West, water cannot be held hostage by a would-be appropriator who is speculating on future need. On May 2, 2019, the court took further steps to prevent water profiteering that violates state law and policy.

Publications

Ms. Leonard is a regular contributor to two publications on matters within her areas of practice.

Appeals: Ms. Leonard writes the “Appellate Briefs” column in the Washoe County Bar Association’s publication, The Writ, in which she discusses appellate practice tips, appeal procedures and recent Nevada Supreme Court decisions.

Water Law: Ms. Leonard is on the Editorial Board of the Western Water Law & Policy Reporter, where she writes about trends and developments in Nevada water law.

Links to both publications are available here.

 

The Writ Articles are reprinted with permission below. Western Water Law & Policy Reporter is subscription-based, so articles are not reprinted.

Supreme Court Overrules Precedent Regarding Appeals from Consolidated Cases - The Writ

 

For nearly thirty years, the rule in Nevada has been that cases consolidated by a district court become a single case for all appellate purposes. See Mallin v. Farmers Ins. Exch., 106 Nev. 606, 609, 797 P.2d 978, 980 (1990). That meant that even where an order resolved all claims in one of the constituent consolidated cases, the case still was not appealable until all claims in the consolidated action were finally resolved. On December 27, 2018, the Nevada Supreme Court overruled this precedent to allow an immediate appeal from an order that finally resolved a constituent consolidated case, even were claims remained pending in another consolidated constituent case. See In re Estate of Sarge, 134 Nev. Adv. Op. 105 (2018).

 In Estate of Sarge, the Court reached its decision based on three analytical branches. First, the Court noted what it described as “foundational problems” with the Mallin decision. In Mallin, the Court sua sponte questioned whether an order that resolved one of two consolidated cases was appealable as a final judgment without first being certified as final under NRCP 54(b). Based on policy considerations that focused on judicial economy, the Court answered that question in the negative. The Court deemed the district judge best suited to determine whether allowing an immediate appeal of one constituent case would “frustrate the purpose for which the cases were consolidated.” The district judge could always engage in a Rule 54(b) certification to determine if an immediate appeal were warranted.

Second, the Court concluded that the language and history of NRCP 42(a) do not support the conclusion reached in the Mallin case. NRCP 42(a) provides: 

When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all of the matters in issue in the actions; it may order all the actions consolidated; and it may make such order concerning proceedings therein as may tend to avoid unnecessary costs or delay.

 Before Mallin, the Court had recognized that the term “consolidated” in the rule was ambiguous. Specifically, “[c]onsolidated” could mean that “several actions are combined into one, lose their separate identities and become a single action” or that “several actions are tried together but each retains its separate character.” Randall v. Salvation Army, 100 Nev. 466, 470, 686 P.2d 241, 243 (1984). Th Court had long recognized this distinction, noting that the federal courts interpreting FRCP 42(a) “consistently held that consolidation for the purpose of joint trial does not merge the cases into a single cause of action.” Mikulich v. Garner, 68 Nev. 161, 169-70, 228 P.2d 257, 261 (1951) (interpreting Nevada Compiled Laws §9025, NRCP 42(a)’s predecessor and citing a U.S. Supreme Court case construing FRCP 42(a)). Yet this ambiguity was not addressed in the Mallin decision.

A year after Mikulich in 1952, Nevada adopted the Nevada Rules of Civil Procedure, which were largely based on their federal counterparts. The newly adopted NRCP 42(a) contained identical language to Nevada Compiled Laws §9025. For that reason, in Estate of Sarge, the Court was troubled that Mallin did not acknowledge the history of NRCP 42(a) and its parallel to the federal rules or even discuss Mikulich.

Third, the Court in Estate of Hage was swayed by a recent U.S. Supreme Court decision, Hall v. Hall, 138 S.Ct. 1118 (2018), which held that an order that resolves one of several cases consolidated pursuant to FRCP 42(a) is immediately appealable because constituent cases retain their separate identities for the purpose of appeal. Hall expressly overruled one of the federal cases on which Mallin relied.

Although the Court is loath to overturn precedent, it concluded that Mallin contained too many structural problems to remain good law. Looking to Hall as persuasive authority, the Court concluded that “weighty and compelling circumstances exist warranting the departure from the doctrine of stare decisis.” As a result, the Court concluded:

We thus overrule our decision in Mallin to the extent it holds that cases consolidated in the district court become a single case for all appellate purposes. Consolidated cases retain their separate identities so that an order resolving all of the claims in one of the consolidated cases is immediately appealable as a final judgment under NRAP 3A(b)(1).

Not only is the Estate of Sarge decision important for this holding, but it also provides a window into the Court’s analysis of ambiguous language, its view of precedent and the compelling circumstances under which it is willing to depart from that precedent.

 
Bill Nutt