If you spend any time tracking the massive, complicated machinery of California real estate, you've likely bumped into the name S. Keith Garner. Usually, it's buried in a 400-page environmental impact report or attached to a high-stakes litigation filing in San Francisco. But honestly, most people get him mixed up with a different Keith Garner—a prominent real estate developer and church leader who was a fixture in the Bay Area decades ago.
That confusion is common.
The "S. Keith Garner" currently shaping the San Francisco skyline and the state's energy future isn't the guy selling suburban homes. He's the legal architect. As a partner at Sheppard Mullin, Garner is basically the person you call when you want to build something huge—like a 250 MW solar farm or a massive mixed-use community—and you need to survive the gauntlet of California’s environmental regulations.
The Transition from Urban Planner to Power Lawyer
Keith didn't just wake up one day and decide to litigate the California Environmental Quality Act (CEQA). He actually started on the other side of the desk. Before the law degree from UC Berkeley, he was an urban planner in Boston. He even did research at Harvard’s Center for Urban Development Studies, working on projects that spanned from Eastern Europe to Sub-Saharan Africa.
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This background is probably why he doesn't sound like a typical "suit" when he talks about land use. He gets the technical side of how cities breathe.
In San Francisco, that's a rare edge. You've got a city where every brick involves a political fight, and having a lead attorney who actually understands the "why" of urban planning makes a difference. Since joining Sheppard Mullin in 2001, he has climbed to lead the firm’s Real Estate, Energy, Land Use & Environmental Practice Group.
Why S. Keith Garner San Francisco Matters Right Now
California is currently in the middle of a massive identity crisis regarding its "Post-Chevron" era. With the U.S. Supreme Court tossing out the Chevron deference (the rule where courts usually sided with a government agency's interpretation of a law), guys like Garner are suddenly the most important people in the room.
Basically, the rules are being rewritten.
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If a developer wants to build near a wetland or needs an endangered species permit, they can't just rely on what the agency says anymore. Garner has been vocal about this transition, specifically how it affects things like the state's offshore wind strategy and the Clean Water Act.
What he actually does day-to-day:
- Entitlements: Getting the "yes" from city hall for big residential and commercial projects.
- CEQA & NEPA: Navigating the environmental laws that usually kill projects before they start.
- Energy Infrastructure: Managing the legal hurdles for wind and solar facilities that are supposed to power the state.
- Land Use Litigation: Fighting it out in the Ninth Circuit when those projects get sued.
He recently represented the developers of the former naval shipyard redevelopment in the Bay Area—a project so complex it makes a Rubik's Cube look like a toddler toy.
The "Other" Keith Garner Confusion
It's worth clearing this up once and for all. If you search for "Keith Garner San Francisco," you might find an obituary from 2012 or stories about a charismatic developer and mission president. That was a different man who left a huge footprint in Menlo Park and Salt Lake City.
The S. Keith Garner of today is the one writing for the National Law Review and being named one of the "500 Leading Real Estate Lawyers" in America for 2025. He's the one currently wrestling with the U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife.
What the "Loper Bright" Ruling Changed for Real Estate
You've probably heard of the Loper Bright case. If not, here is the short version: it’s a game-changer for anyone trying to build in San Francisco. Garner and his team have been dissecting how this "Post-Chevron" world changes things for regulated businesses.
It means more uncertainty in the short term, but potentially more power for landowners in the long term.
When an agency like the Army Corps of Engineers makes a call on a property, they can now be challenged much more effectively in court. Garner has been at the forefront of this, explaining to developers that they can’t just follow the old playbook anymore.
Navigating the San Francisco Development Maze
Developing in SF is essentially a blood sport. You have CEQA lawsuits that function as "greenmail," where projects are held up for years over minor environmental concerns.
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Garner’s approach is notably surgical. He doesn't just litigate; he manages interdisciplinary teams. We’re talking biologists, hydrologists, and historians. To get a permit for a 305-unit apartment complex in California, you often need signatures from four different state and federal agencies.
One mistake in a wetland definition can cost a developer $50 million in delays.
Actionable Steps for Navigating Land Use in 2026
If you are looking into S. Keith Garner because you are involved in a California land use project, there are a few things you need to do immediately to keep your head above water:
- Audit Your Permits for "Chevron" Vulnerability: If your project relies on a specific agency's "interpretation" of a statute (rather than the clear text of the law), you are in a high-risk zone. Have a legal team check if that interpretation will hold up under the new Loper Bright standards.
- Front-Load Your CEQA Defense: Don't wait for the lawsuit to prepare your defense. Ensure your Environmental Impact Report (EIR) is "bulletproof" by using the same interdisciplinary team approach Garner advocates—bringing in the experts before the public comment period even begins.
- Track the New Wetland Definitions: The Sackett v. EPA ruling significantly narrowed what the government can protect. If you've been told you can't build on a certain part of your land, it might be time for a re-assessment.
- Leverage Local Housing Incentives: California has passed a flurry of new bills designed to bypass local zoning for "affordable" or "missing middle" housing. Most developers aren't fully utilizing these "by-right" approvals yet.
The landscape of San Francisco real estate is shifting away from pure political maneuvering and toward a highly technical, legalistic battleground. Understanding the role of a strategist like S. Keith Garner is the first step in realizing that the "old ways" of getting things built in the Bay Area are officially dead.