Experience

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  • Environmental Liability

Clean Water Act and Stormwater Litigation

Defended a major national residential developer in Clean Water Act and state tort law litigation brought by governmental agencies, alleging impairment of infrastructure due to stormwater discharges from a development project and asserting substantial claims for damages and penalties. The matter was successfully resolved through mediation without an admission of liability, via a court-approved consent decree.

Clean Water Act Compliance and Enforcement Defense

Advising an agricultural products cooperative on environmental compliance and enforcement matters, including defense of Clean Water Act and California environmental citizen suits, regulatory enforcement, and related brand protection issues.

Complex CERCLA and Superfund Litigation

Defending a manufacturer with global operations and sales in complex CERCLA and state Superfund litigation involving more than $500 million in environmental response costs claimed by the State of California. The multi-phase litigation has included several bench trials which resulted in significant favorable rulings regarding recoverable costs and liability.  An allocation phase and appeals are pending.

Environmental Counsel for California Data Center Development

Advising a project proponent on environmental matters related to the development of a California data center.

Environmental Counsel for Renewable Natural Gas Development

Advising a renewable energy firm on environmental and regulatory matters related to the development of a renewable natural gas project.

Environmental Counsel to Bay Area Public Agency

Serving as environmental counsel for nearly a decade to a San Francisco Bay Area public agency on contamination investigation and remediation, environmental permitting, and due diligence and risk mitigation for significant real estate acquisitions involving environmentally impacted properties.

Environmental Counsel to California Petroleum Distributor

Serving as longtime environmental counsel to a major California petroleum product distribution company on regulatory compliance, contaminated-site remediation, enforcement actions, and litigation, including successfully resolving significant regulatory enforcement matters brought by state agencies and District Attorneys, without admissions of liability.

Contaminated Property Cost Recovery Litigation

Represented a national transportation company in multi‑party litigation in state and federal court concerning historical industrial contamination. Prepared and defended corporate representatives, worked extensively with expert witnesses, and played a key role in trial preparation, including motions in limine, witness examinations, and evidentiary strategy.

Environmental Enforcement Actions

Represented companies in pre‑litigation and government‑initiated enforcement actions under the Clean Water Act and Proposition 65. Work included drafting persuasive responses that avoided litigation, coordinating technical analyses, and negotiating favorable resolutions. Achieved a “walk-away” of a threatened consumer product class action demand through pre-litigation advocacy.

Federal CERCLA Contribution and Cost Recovery Action

Represented a large consumer products company in CERCLA litigation regarding legacy industrial contamination at a former manufacturing site. Drafted successful motion practice narrowing claims, prepared mediation briefing, and negotiated settlement terms.

Groundwater Contamination Multi-District Litigation

Defended a major chemical distributor in decades‑long coordinated groundwater contamination litigation involving dozens of cases and extensive fact and expert discovery. Took or defended more than 40 depositions, prepared summary judgment motions, and helped achieve repeated dismissals and favorable settlements.

Investigations & Technical Expertise

Managed internal investigations relating to environmental practices, including interviews, document reviews, and coordination with consultants. Strong scientific grounding (biology background) enables effective examination of expert witnesses and analysis of environmental data.

Regulatory Compliance for Mining and Industrial Sites

Advise clients on compliance with cleanup and abatement orders, management of mining waste, water rights, historical resource protections, and remediation strategy.

Brownfields Cleanup to Accommodate Development

Represented municipality in negotiations with responsible party and DTSC concerning remediation of former smelter site to accommodate mixed-use development. 

CEQA Compliance/Litigation Defense

Acted as lead counsel for a municipality in (1) development and approval of environmental impact report for a large transportation infrastructure project, and (2) defense of city in resulting litigation, resulting in key published CEQA decision.

Defense and Settlement of Clean Water Act (CWA) Citizen Suits

Representation of numerous clients – including recycling facilities, wineries, and landfills, – with respect to private CWA enforcement of California’s general permit for industrial storm water discharges.

Defense and Settlement of Cost Recovery Claims at Superfund Sites

Represented potentially responsible parties in many of the major multi-party CERCLA litigation matters and settlement processes concerning Superfund sites in California over the last two decades, including the Exide secondary lead smelter site in Vernon, the Casmalia Resources waste disposal site in Santa Barbara County, the BKK Corporation landfill in West Covina, the Mouren-Laurens waste oil site in Los Angeles, the Cooper Drum site in Los Angeles, the Modesto Ground Water Contamination site, and the Goodrich/RFF Site in Rialto. 

Defense at Trial of Environmental Toxic Tort Claims

Represented key defendants at trial in a lawsuit brought by more than 2,000 plaintiffs alleging personal injuries and property damage resulting from exposure to hexavalent chromium emanating from a wood treating facility. 

Defense of Claims of Groundwater/Water Supply Contamination

Defended client in state court cost recovery action asserting HSAA and common law claims, brought by a California water district concerning aquifer contamination by TCE and other VOCs.

Defense of DTSC Enforcement Actions

Represented client in DTSC enforcement actions related to releases of hazardous waste (air emissions of mercury) and hazardous waste characterization/disposal issues. Included development of responses to detailed DTSC requests for information under Health and Safety Code section 25185.6 and negotiations over timing and process for client’s return to compliance.

Environmental Litigation with Regulatory Overlay

Jointly defended two companies in environmental cost recovery action concerning drilling mud disposal site. Obtained voluntary dismissal of the action following extensive negotiations with Regional Water Quality Control Board concerning the site remedy. 

Internal Investigation and Negotiation of Settlement with USEPA

Conducted internal investigation for client related to USEPA enforcement action for unpermitted filling of wetlands.  Responded to USEPA request for information under Clean Water Act section 308(a) and negotiated administrative order on consent providing for mitigation and minimal penalty.

PCB Cleanup to Facilitate Sale and Residential Redevelopment

Advised client with respect to implementation of TSCA-compliant PCB remediation at former plant site, to facilitate sale and residential redevelopment of property.

Successful Defense on Appeal Against Toxic Tort Claims

Successfully defended manufacturer against toxic tort claims in trial court and appellate litigation, resulting in published California Court of Appeals decision limiting application of component parts doctrine.

CERCLA Cost Recovery and Contribution

Represented and successfully resolved CERCLA cost recovery and contribution litigation against beverage company at major NPL Superfund site.

CERCLA Natural Resources Damages Defense

Advice and counseling of confidential client in ongoing NRD and Assessment matters.

CERCLA Prosecution, Cost Recovery and Contribution

Represents/represented transportation company in multiple cost recovery and contribution actions, including successful settlement involving payment to client.

Civil Enforcement Defense

Represents beverage company in negotiations with and resolution of potential enforcement by regulator.

CWA Citizen Suit Defense and Water Quality Counseling

Represented multiple clients, including wineries, recycling facilities, and other industrial operations in successful resolution of CWA citizen suits.

Land Use

Represented quarry owner in obtaining unanimous EIR certification, approval of reclamation plan and renewal of mining permit by County Supervisors, and favorably resolving nuisance claims relating to same in California.