Experience

  • Contracts and Agreements
  • Energy M&A

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 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 Cost Recovery Claims at Superfund Sites

Represented defendants in CERCLA litigation matters concerning major Superfund sites across California, including the Mouren-Laurens waste oil site in Los Angeles, the Cooper Drum site in Los Angeles, the Modesto Ground Water Contamination site, and the RFF Superfund Site in Rialto. 

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.

PFAS – Environmental Regulatory, Counseling, and Litigation

Represents confidential client in ongoing PFAS matters involving State cleanup order, investigation and remediation, negotiations with State and local agencies and third parties, and potential cost recovery litigation.

PFAS – Product Compliance, Regulatory

Represents confidential client in product stewardship and product regulatory compliance issues in states throughout the United States and under Federal law, including TSCA.

Product Liability/ Toxic Tort Defense

Represents product manufacturer in multiple coordinated lawsuits throughout California regarding groundwater contamination due to historical applications of soil fumigants. Successfully negotiated resolution of dozens of lawsuits, often by dismissal with no settlement payment.

Proposition 65 and Product Liability Defense

Successful resolution of multiple Prop. 65 challenges, including defense of manufacturer in major ongoing Prop. 65 litigation relating to use of recycled materials in production.

State Superfund Trial

Represented a transportation company in a four-week trial in federal District Court in Washington in a state Superfund contribution action relating to a former wood treating site. Obtained a complete defense judgment.

Toxic Tort Defense

Represented railroad in litigation, resulting in favorable settlement following partial summary judgment, involving claims of property damage, personal injury, and fear of future illness relating to groundwater contamination and vapor intrusion.

Methane Recovery / Energy Production Facilities

Represented DTE Energy Resources with environmental/land use entitlement issues under the California Environmental Quality Act (CEQA) and air quality permitting of methane recovery/energy production facilities in California.

South Valley Islamic Center Cordoba Center

With the help of Farella Braun + Martel Partner Don Sobelman, South Valley Islamic Center (SVIC) won approval for its 16-acre Cordoba Center Project in San Martin, California. Learn more here.

State Superfund Trial

Represented a transportation company in a 4-week trial in federal District Court in Washington in a state Superfund contribution action relating to a former wood treating site. Obtained a complete defense judgment.

World Energy, LLC

Represented World Energy, LLC, one of the largest advanced biofuel suppliers in North America, in its acquisition of Delek US Holdings, Inc.’s interests in renewable jet fuel and diesel producer AltAir Paramount, LLC.

Los Angeles World Airports

Represent Los Angeles World Airports in connection with over $15 billion of new construction at LAX, the transfer of the Ontario International Airport to a joint powers authority comprising the City of Ontario and the County of San Bernardino, and in trial in Los Angeles Superior Court.

Titeflex

Serve as national coordinating counsel for products liability litigation relating to gas delivery system, and products liability counseling relating to Prop. 65.

Industrial Park Remediation

A commercial property client discovered that a portfolio of properties it acquired included an industrial park where historical releases of degreasing solvents had resulted in a contaminated groundwater plume leading off-site and, as a result, faced significant and uncertain costs and resource impacts.  We advised the client on conducting an investigation to identify responsible parties, used that investigation to bring those parties to the table and negotiated a cost-sharing agreement under which the parties have cooperatively investigated and remediated the site.  Additionally, we coordinated closely with the client’s insurer to obtain coverage for the client’s cost, which minimized the financial impact and allowed the client to focus on leasing the property to commercial tenants and develop a plan for its eventual sale after the remedial work is complete.