Experience

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  • Contracts and Agreements
  • Energy M&A
  • Environmental Liability

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.

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.