Environmental and Regulatory Compliance
Serve as national outside environmental and regulatory counsel to leading natural and organic food grocery chain.
Represent largest global online retailer in complex regulatory matters.
Develop and assist in implementing national and state-specific compliance programs, including in the areas of weights and measures, solid and hazardous waste management, waste water discharge and stormwater management.
Handle and defend reporting obligations in various regulatory programs, such as the California Air Resources Board’s Mandatory Reporting of Greenhouse Gas Emissions (MRR), Refrigerant Management Program (MRP) and In-Use Off-Road Diesel-Fueled Fleets Regulation (DOORS), the California Department of Toxic Substances Control’s Safer Consumer Products regulations and the California Energy Commission’s Appliance Efficiency Regulations (MAEDbS).
Counsel clients on state and federal pesticide labeling and registration requirements.
Assist manufacturers and retailers in complying with packaging and labeling requirements and weights and measures regulations.
Develop and implement various Standard Operating Procedures and related internal policies for regulatory compliance.
Create and deliver training presentations across the country on numerous compliance topics and at all levels of clients’ organizational structure.
Advise clients regarding emergency spill reporting obligations.
Represent clients in permitting processes, with particular emphasis on hazardous waste generators, well installation and destruction, waste discharge requirements and underground storage tanks.
Represent public and private clients in all aspects of environmental litigation, with particular emphasis on CERCLA, RCRA, Porter-Cologne and Hazardous Substances Account Act (HSAA), in both state and federal court.
Lead counsel representing a Northern California city in a complex, multi-party, soil and groundwater contamination case brought pursuant to CERCLA.
Lead counsel representing a municipality in an action involving alleged PCE contamination of the soil and groundwater at an active printing press site, brought pursuant to HSAA.
Lead counsel for a Northern California water district in prosecuting claims against adjacent landowners for contamination of multiple drinking water reservoirs.
Lead counsel for numerous defendants in actions involving alleged contamination associated with dry cleaning operations.
Represented fireworks manufacturer in defense of complex, multi-party, perchlorate contamination litigation in multiple United States District Court actions.
Lead settlement negotiator for Southern California landowner pursuing CERCLA response cost contribution against multiple landowners and tenants.
Represented retailer in defense of Proposition 65 action for failure to warn of health risks arising from exposure to hazardous substances.
Represented Southern California water purveyor in defense of water rights dispute involving litigation of Native American water interests.
Represented major defendant in successful mediation of multimillion dollar CERCLA contribution action involving Colorado mining town.
Defend clients against governmental enforcement actions, including handling government inspections, cease-and-desist orders, information demands, notices of violation, notices of proposed action, and cleanup and abatement orders.
Represent clients through the administrative proceedings process before the federal Environmental Protection Agency, California Environmental Protection Agency, California Department of Toxic Substances Control, State Water Resources Control Board, the regional water quality control boards, California Air Resources Board, local air quality management and air pollution control districts, Department of Fish and Game, California Department of Pesticide Regulation, California Department of Resources Recycling & Recovery and others.
Specialties include weights and measures, solid and hazardous waste management, hazardous substance and petroleum product releases, site investigation and remediation, underground storage tank issues, pesticide product registration/violations, government audits, emergency spill reporting, permitting citations, and environmental criminal defense.
Defend numerous clients throughout California against state, county and city prosecutors in consumer protection cases involving alleged weights and measures, unfair competition and false advertising claims and involving alleged hazardous materials business plan (HMBP) and hazardous waste management violations.
Effectively defended multiple clients against the California Air Resources Board and California Energy Commission in enforcement actions alleging reporting and other violations.
Successfully defended numerous parties against enforcement actions brought by the California Department of Pesticide Regulations, including settling a multi-company audit involving a multimillion dollar notice of violation in the low five figures.
Represent multiple lenders that acquired contaminated property in borrower’s bankruptcy proceeding, including representation before the Central Valley Regional Water Quality Control Board.
Represent Redding area former property owner in defense of responsible party order proposed by the Central Valley Regional Water Quality Control Board.
Lead counsel for defendants in multiple environmental criminal enforcement actions brought by the California Environmental Circuit Prosecutors.
Served as lead counsel for large state contractor in a California Department of Health audit dispute, achieving zero reimbursement victory for client.
Site Investigation and Cleanup
Develop strategic approaches to contaminated site investigations, removal actions and remediation, including coordination with governmental oversight agencies and other interested or responsible parties to achieve practical, prompt and cost-effective results.
Represent prominent Southern California commercial real estate owners in site investigation and cleanup involving DTSC and former tenant responsible party.
Advise Bay Area developer on strategic approaches to investigation and remediation of former dry cleaner site involving County Certified Unified Program Agency (CUPA).
Lead counsel for numerous public and private parties conducting soil and groundwater contamination investigation and remediation under government order.
Represented major energy company in power plant siting and permitting process.
Negotiate cost sharing agreements between responsible parties to minimize client costs.
Secured numerous site closure determinations and obtained comfort and “no further action” letters for many clients.
Real Estate Transactions
Represent and advise clients in real estate transactions involving contaminated property, including purchase and sale agreements, leases, environmental due diligence, disclosures, and deed restrictions.
Strategically counsel clients regarding deal structuring to minimize environmental liabilities and maximize the benefits of available protections and remedies, with particular focus on urban in-fill development.
Negotiate environmental disclosure, indemnity and release agreements to protect clients from liability for legacy and future contamination.
Represent clients in procurement of environmental insurance.
Lead environmental counsel to major Sacramento area developer in the purchase of contaminated property, including strategic deal structuring and negotiation of a prospective purchaser agreement with DTSC and covenant not to sue from the Central Valley Regional Water Quality Control Board.
Represent owners and trustees in negotiating the potential sale of numerous commercial, industrial and agricultural properties.
Lead environmental counsel for multiple developers acquiring property located on a former Northern California military base.