PARTNERJared Carter

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Practice Areas

Business Law
Land Use Litigation
Environmental Litigation
Administrative Law
Real Property
Civil Litigation and Water Law

Jared G. Carter was born February 25, 1935 in Wingate, Texas and was admitted to the California State Bar in 1963. He was a U.S. Marine Corp Infantry officer from 1956 to 1959; and he is a 1962 graduate of Stanford University Law School, where he became a member of the Order of the Coif, and was an editor on the Stanford Law Review. He was law clerk to United States Supreme Court Justice William O. Douglas in 1962 to 1963, and served as an assistant professor of law at Stanford University Law School from 1963 to 1965.

Mr. Carter engaged in private practice in San Francisco with the firm of Cooley, Crowley, Gaither, Castro, Godward, and Huddleston, for two years before beginning approximately eight years of employment with the federal government from 1967 to 1975. He served as Assistant Legal Advisor in the United States Department of State from 1968 through 1971, Principal Deputy Director of the Office of Ocean Affairs, Department of Defense, for one year, and as Deputy Under Secretary of Interior from 1972-1975. While serving in the State Department: 1) he was a member of the U.S. delegation to United Nations Conference in Geneva Switzerland to negotiate an international convention of the law of treaties in 1968; and, 2) in 1979 he headed the U.S. delegation to United Nations Conference in Guatemala City to renegotiate the Warsaw Convention on Civil Aviation. While Serving as Principal Deputy Director of the Office of Ocean Affairs in the U.S. Department of Defense he represented the Defense Department in inter-governmental and international negotiations respecting the United Nations Conference on the Law of the Sea. He received the Secretary of Interior’s Outstanding Service Citation in 1974 for his work on outer continental shelf oil leasing and the approval and construction of the Trans Alaska Oil Pipeline.

Mr. Carter has practiced in Ukiah, California consistently since 1975, except for the period of September 1999 until November 2006, when he was Executive Vice President and General Counsel, or a consultant, for the Pacific Lumber Company in Scotia, California. His practice in Ukiah has been in all areas of general civil and administrative law, and trial practice, with an emphasis upon business, real property, environmental, land use, and litigation.

Career

  • Carter Momsen PC, Ukiah, CA, 2006 – NowCarter Momsen PC practices in all areas of general civil and administrative law, and trial practice, with an emphasis upon business, real property, environmental, land use, and litigation.
  • Executive Vice President and General Counsel, Pacific Lumber Company, Scotia, CA, 1999-2006
  • Carter, Behnke, Ogelsby & Bacik, Ukiah, CA, 1975-1999
  • Deputy Under Secretary of Interior,  1972-1975
  • Deputy Director of the Office of Ocean Affairs, 1971-1972
  •  Assistant Legal Advisor in the United States Department of State, 1968-1971
  • Private Practice with Cooley, Crowley, Gaither, Castro, Godward, and Huddleston, San Francisco, CA, 1966-1968
  • Assistant Professor of Law at Stanford University Law School, 1963-1965
  • Law Clerk to U.S. Supreme Court Justice William O. Douglas, 1962-1963
  • Admitted to the California State Bar, 1963
  • Graduated Stanford University of Law, 1962
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Significant State and Federal Cases

Murphy v. Burch (2009) 46 Cal. 4th 157

Petition for review after the Court of Appeal reversed the judgment in a civil action. This case presents issues concerning the application of the common law doctrine of easement by necessity, including the question whether, in view of the federal government’s power of eminent domain, the common law doctrine of easement by necessity applies to land originally owned by and subsequently conveyed by the federal government.

Public Resources Protection Assn. v. CA Dept. of Forestry (1994) 7 Cal. 4th 111

Petition for review after the Court of Appeal reversed an order denying a petition for writ of mandate. This case concerns whether Public Resources Code section 4583 requires timber harvest plans to conform to regulations adopted after the plans are approved.

Sierra Club v. Board of Forestry (1994) 7 Cal. 4th 1215

Petition for review after the Court of Appeal reversed a judgment denying a petition for writ of mandate. This case presents issues stemming from the relationship between the Forest Practice Act of 1973 (Public Res. Code, section 4511 et seq.) and the California Environmental Quality Act (Public Res. Code., section 21000 et seq.).

Buehler v. Oregon-Washington Plywood Corp. (1976) 17 Cal.3d 520
Brown v. Superior Court (1975) 15 Cal.3d 52
Millview County Water District v. State Water Resources Control Board (2014) 229 Cal.App.4th 879
Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463
Katzeff v. California Department of Forestry (2010) 181 Cal.App.4th 601
E.P.I.C. v. State Board of Forestry, et al. (1993) 20 Cal.App.4th 27
Albion River Watershed Protection Association, et al. v. Department of Forestry and Fire Protection, et al. (1993) 20 Cal.App.4th 34
E.P.I.C., et al. v. Maxxam Corporation, et al. (1992) 4 Cal.App.4th 1373
T.R.E.E.S. v. Department of Forestry and Fire Protection, et al. (1991) 233 Cal.App.3d 1175

Conservation organization brought petition for writ of mandate and complaint for injunctive relief, seeking to compel state Department of Forestry and Fire Protection to order developer of forested land to request amendment of its previously approved timber harvesting plan before developer could cut hardwoods.

E.P.I.C. v. Johnson (1985) 170 Cal.App.3d 604

EPIC v. Johnson (1985) 170 Cal.App.3d 604, has stood the test of time as one of the most significant legal victories in the effort to properly regulate the private timber industry. EPIC v. Johnson changed the legal and regulatory landscape for the timber industry in California and brought it into the modern age.

Joseph v. Masonite Corp. (1983) 148 Cal.App.3d 6
Estate of Jeffers (1982) 134 Cal.App.3d 729
Marbled Murrelet v. Babbitt, et al. (1999) 182 F.3d 1091

This was an appeal from the denial of attorney’s fees to the defendant in a lawsuit under the Endangered Species Act. The district court ruled that the defendant, in this case, was not entitled to fees under either standard. We affirm the denial and took this opportunity to clarify the law in this area in light of intervening Supreme Court authority.

Marbled Murrelet v. Babbitt, et al. (1997) 111 F.3d 1447
Marbled Murrelet v. Babbitt, et al. (1996) 83 F.3d 1068

UKIAH OFFICE

Phone: 707.462.6694
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Email: cmlaw@cartermomsen.com
Address: 305 North Main Street
Ukiah, California 95482

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Email: cmlaw@cartermomsen.com
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