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News & Articles

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.

Judicial Review of Administrative Decisions - The Writ

 

The Nevada Supreme Court recently addressed the circumstances in which judicial review of an administrative decision is available. In State of Nevada Dep’t of Health and Human Servs. v. Samantha, Inc., 133 Nev. Adv. Op. 100 (Dec. 14, 2017), the Court held that denial of an application for a certificate to operate a medical marijuana dispensary is not subject to judicial review under the Nevada Administrative Procedures Act, NRS 233B.010, et seq. The Court reiterated, however, that even where the APA does not create a right of review, alternative relief may be available by way of declaratory judgment, mandamus or other means.

Background on the APA

The APA is the primary statutory authority for judicial review of executive branch agency determinations, although other statutes authorize judicial review of the actions of specific public entities. See, e.g., NRS 278.0235 (local land use decisions); NRS 533.450 (actions by the State Engineer). A number of agencies are, by statute, exempt from the requirements of the APA. See NRS 233B.039. A district court only has jurisdiction to review those decisions for which the APA provides review and that are challenged according to the APA’s procedures.

To obtain review under the APA, a person or entity must be identified as a party of record in the administrative proceeding and “[a]ggrieved by a final decision in a contested case.” NRS 233B.130(1). The APA defines a contested case as “a proceeding, including but not restricted to rate making and licensing, in which the legal rights, duties or privileges of a party are required by law to be determined by an agency after an opportunity for hearing, or in which an administrative penalty may be imposed.” NRS 233B.032.

The Analysis in Samantha, Inc.

The Samantha case turned on whether the application process under NRS 453A.322 for a medical marijuana dispensary certificate constitutes a “contested case” within the meaning of the APA. The Court readily concluded that the certificate for a medical marijuana establishment registration was a license. However, the Court analyzed the application process and concluded that because the Department provided no opportunity for hearing, the statutory definition of “contested case” was not satisfied and judicial review under the APA was not available.

Specifically, the Court noted that the statute authorizes the Department to issue only a limited number of certificates annually. The Department evaluates and ranks applications according to considerations set forth in the governing statute and accompanying regulations, with the highest-scoring applicants receiving certificates until the statutorily available permits are exhausted. Nothing in the statutory and regulatory provisions, the Court found, “envision[s] any form of hearing.…” As a result, the Court agreed with the Department that judicial review under the APA is not available to a disappointed applicant who is denied a certificate. The Court remanded to the district court with instructions to dismiss the applicant’s petition for judicial review.

Other Avenues of Relief From Administrative Decisions

The Samantha decision may be more interesting for what it says about the availability of judicial review generally rather than its specific discussion of whether the facts of the medical marijuana dispensary licensing process created a “contested case.” First, the Court specifically stated that “Nevada has not endorsed [a] presumption” of availability of judicial review that is recognized under federal law. Yet in reaching that conclusion, the Court specifically cited a Nevada case, Checker Cab Co. v. State, 97 Nev. 5, 8, 621 P.2d 496, 498 (1981), in which the Court held that “[a]ll presumptions are in favor of a right to judicial review for those who are injured in fact by agency action.” The Court considered language in Private Investigator’s Licensing Bd. v. Atherly, 98 Nev. 514, 515, 654 P.2d 1019, 1020 (1982) to call into question the presumption articulated in Checker Cab. The Atherly case, however, stated only the unnoteworthy proposition that “[p]ursuant to the [APA], not every administrative decision is reviewable.” It said nothing about a whether or not a presumption in favor of review exists.

Second, in Samantha, the Court articulated that the unavailability of review under the APA “does not place the Department’s processes beyond the reach of the judiciary.” Rather, the Court identified actions for mandamus, injunctive, declaratory or other equitable relief as additional avenues to obtain judicial review of an agency decision. The limitation in the Samantha case was that no other forms of relief had been pled in the district court. But the Samantha decision is clear that where the APA does not afford judicial review, the aggrieved party may still seek judicial review through other means.

Although this conclusion is good for those aggrieved by agency decisions that fall outside the ambit of the APA, it underscores the varying standards that may end up being used to review administrative decisions. Under the APA, a reviewing court must determine whether the agency’s action was arbitrary or capricious or characterized by abuse of discretion. NRS 233B.135(3). Mandamus is generally reserved for when an agency exceeds its jurisdiction. State v. Eighth Jud. Dist. Ct., 111 Nev. 1023, 1025, 899 P.2d 1121, 1122 (1995). And injunctive relief requires a showing of irreparable harm. When seeking review of an administrative decision, choosing the appropriate legal mechanism for review may turn on what the aggrieved party must demonstrate to obtain the relief sought.

 
Bill Nutt