With ongoing tensions between the wine industry and environmentalists, it may be time to bring more clarity to where grape cultivation is permissible. For years, Napa County has witnessed multimillion-dollar disputes as environmentalists and landowners clash over the establishment of new vineyards.
But what if there’s a more effective approach? What if Napa County preemptively mapped undeveloped land to determine which areas are suitable for vineyards and which are not? This is one of the thought-provoking ideas proposed in the new book “Common Ground” by Napa attorney Richard Mendelson, who has dedicated his career to the wine industry.
I think it’s an excellent concept: rather than having the Board of Supervisors make ad hoc decisions each time a development proposal is presented, the county could be preemptively mapped. However, I’m not a legal expert, and such a plan would almost certainly lead to lawsuits. In fact, before I even reached out to Mendelson for a copy of his book, I received an email from a vintner criticizing the proposal for restricting land-use rights—which it undoubtedly would.
Mendelson introduces several potentially contentious ideas in “Common Ground,” published last month. He advocates for:
Napa Valley requiring 100 percent Napa Valley grapes in its wines, as opposed to the current 85 percent. “Every New World winemaking country has the 85 percent standard. It’s 100 percent for the Old World,” Mendelson told Wine-Searcher. “I believe Napa can do better. And we should do better. Does it have economic consequences? Yes. The fruit from Napa is more expensive. But I think 100 percent Napa Valley fruit in a Napa Valley wine distinguishes Napa from other New World regions.”
Napa Valley subregions adopting European-style restrictions that set standards for the wines themselves, such as specifying grape varieties and setting limits on acidity, sugar levels, and alcohol content. “There’s still a very strong sense among American vintners of not having the government tell you what to do,” Mendelson said. “Don’t tell me that I have to plant this varietal. Don’t tell me what the density or the row direction or the minimum alcohol level has to be. I think we will move in that direction. But it might take the form of a private certification program.”
Despite being an attorney, Mendelson is not particularly confrontational. He played a role in the creation of Napa’s Winery Definition Ordinance and prefers to bring stakeholders together rather than resorting to legal battles.
“The purpose of writing the book was to find Common Ground. Hence the name,” Mendelson said. “I divided the book into three parts: culture, challenges, and community. I think all three feet on that pedestal are really important to our future.” His idea of pre-mapping the county for development is inspired by European wine regions, where independent experts assess a region’s soils to determine who can and cannot plant there. This process is not quick: a current study to remap Champagne, which may leave some growers outside the region, has been ongoing for 14 years and will likely lead to lawsuits.
“In my experience in Napa County, the way we go about the process is we appoint committees and we have stakeholders, landowners, and environmentalists, and they bring in their own experts. It’s called advocacy science,” Mendelson said. “It’s not the best way to do it. The way they do it in France is, you bring in the best experts, and they bring in the data and study it without political considerations. It will have to go through the political meat grinder. But you can start with an objective look from experts who are involved in all these fields.”
In Napa, the issue wouldn’t be soils; in fact, soil rarely comes up in Planning Commission fights. Instead, the disputes center on water availability, tree removal, road adequacy for fire engines, and whether anything should be planted on mountaintop ridges.
Mendelson argues that the core idea behind Napa County’s agricultural preserve law is that agriculture is the best use of the land—including the hills, where planting has become highly controversial. He points out that the Board of Supervisors denying vineyard approvals within the ag preserve suggests the county no longer holds that belief.
He suggests the county could learn from environmentalists opposing new vineyards, who essentially conduct the kind of site ranking the county doesn’t: valley floor good, hills and ridges, not as good.
“Every vintner and grower would think their vineyard would be the best in the county, but we have no way of ranking,” Mendelson said. “Our rules are subtractive. You’re not allowed to build a vineyard over 30 percent slope. You’re not allowed to build a vineyard if you have to take out too many trees.
“There’s a better way to do it. We look at all the values of the site. Here are the environmental values. Here are the viticultural values. Then we can decide where we can have a win-win situation. The present situation is untenable because vintners and growers don’t know what the rules are. This leaves them spending a lot of money and time on applying for permits without knowing what the outcome will be.”
I asked how the county could assess terroir in 2024. When Bordeaux conducted its famous 1855 classification, it was based on wines that had already been produced. The same applies in Burgundy, where cru classifications are based on finished wines.
For one thing, I don’t see how terroir can be judged today by finished wines. Who would be the experts: 100-point wine critics or sommeliers? They rarely agree.
For another, how can the terroir potential of a piece of land be assessed when no wine has ever been made from it?
“The easy way is through the subtractive process,” Mendelson said. “Where should we not be planting? Whether it’s because of slopes, boron in the water, or serpentine soils. We should at least study that. Then, if you convene experts, it’s science first and a little bit of art. We can start best places to plant through the subtractive process.”
I wondered how any such map could withstand lawsuits from billionaires. Napa Valley is an unusual “farming” community in that, while most vineyards are still family-owned, billionaires from around the world have bought properties to become hobby farmers, and they have limitless resources to challenge the county if they choose.
“Napa is a very resilient community that can take innovative steps,” Mendelson said, citing both the unique agricultural preserve law and a Napa River flood control project that required owners to relinquish land rights. “We’ve had a lot of family wineries sold. We have multinational corporations. But we’re still largely family-owned. There’s a lot of goodwill here.
“Be clear with the landowners about what their rights are. Study it. Come up with clear rules that people can rely on.”
