Litigation

• Represented ranching company in lawsuit involving open-pit mining and Superfund site, including claims relating to water rights, common law tort claims, and CERCLA claims, and involving issues related to acid mine drainage, statutes of limitations, continuing tort, and restoration damages 
• Represented international based client in energy sector in connection with climate change tort litigation commenced by municipal governments
• Represented large chemical company in CERCLA contribution action against over 100 parties at one of largest Superfund sites in the country
• Represented railroad client in multiparty cost recovery action involving RCRA, CERCLA, and common law claims
• Represented television manufacturer in constitutional challenge against electronic waste program under dormant Commerce Clause and other constitutional provisions 
• Represented metals fabricator in citizens suit arising under the Clean Water Act alleging violations of the statewide industrial general permit for stormwater discharge
• Represented client in defense against charges brought by District Attorney for criminal violations of hazardous waste regulations and the water code in connection with the hazardous waste disposal practices and industrial wastewater management
• Represented a major oil company with respect to defense and prosecution of claims and cleanup activities at one of California’s largest hazardous waste sites, including participation in a PRP working group 
• Represented real estate development company against municipal defendant through trial in cost recovery action arising under CERCLA and the HSAA, including issues related to burden of proof under CERCLA as well as the third party defense 
• Defended a water utility against a claim involving a regional groundwater contamination dispute based on CPUC preemption and non-liability under CERCLA 
• Represented electric generating facility in writ against California Coastal Commission under the Warren-Alquist Act 
• Defended a water utility with respect to a wrongful death drinking water contamination action based on CPUC preemption 
• Defended a seller in an indemnity action concerning a cleanup at a former aerospace facility 
• Defended a seller against a claim that inadequate measures were being taken in pursuit of regulatory closure relating to an ongoing remediation 
• Prosecuted a constitutional challenge under the Dormant Commerce Clause with respect to interstate waste restrictions
• Defended multiparty claims against the seller of a portfolio of service stations under the Petroleum Marketing Practices Act, including emergency federal appellate practice 
• Represented an excess insurance company in a subrogation claim involving defining principles of bad faith insurance law
• Defended a partnership against a partner’s claim with respect to obligations and rights relating to an organic farm
• Defended a nutritional supplement manufacturer against a claim by an Olympic athlete relating to doping

Business Transactions, Development Projects, and Energy

• Performed the environmental work, including due diligence and preparation of purchase and sale agreement, for a large portfolio sale of gasoline service stations 
• Performed the environmental work for acquisition of after-market auto products company, including due diligence, preparation of relevant provisions of stock purchase agreement, and permit transfers 
• Advised a real estate development company with respect to the acquisition of a former aerospace facility
• Represented real estate investment company in complex Brownfield transaction involving procurement and manuscript of an environmental insurance policy and extensive purchase and sale agreement negotiations
• Advised several startup companies in connection with corporate-related work 
• Counseled the developer of a major water storage and solar energy project with respect to CEQA compliance and other environmental land use matters, including endangered species regulations 
• Provided CEQA counsel for industrial expansion project involving metals fabrication
• Negotiated and prepared lease documents for the conveyance of a deal involving hundreds of service stations 
• Conducted due diligence and preparation of a stock purchase agreement for a portfolio of energy production facilities 
• Conducted due diligence for a large-scale sale of landfill assets. Advised a range of clients concerning the purchase and sale of various Brownfield properties, including matters relating to allocation of liability, indemnity and cleanup standards 
• Advised numerous financial institutions concerning potential environmental liability associated with lending and financing, including advice concerning lenders’ environmental recourse options under loan and mortgage agreements and potential protections for foreclosing lenders under CERCLA’s secured creditor exemption and similar state lender liability protections
• Advised clients with respect to NEPA requirements for a variety of proposed developments, including a light rail project and a nuclear energy facility 
• Advised clients concerning regulatory requirements of industrial transactions, and assisted clients in connection with subsidies and financing for renewable energy and low-greenhouse gas emitting projects
• Represented community choice aggregator in negotiations for power purchase agreements
• Represented large academic institution in connection with agreements related to power purchase for battery/solar microgrid project
• Represented client in connection with power purchase pursuant to green access agreement

Regulatory and Administrative

• Represented large agricultural operation in connection with most significant enforcement action ever brought by regional air district, including claims related to the Distributed Generation Certification Regulation and PERP
• Represented client in waste management sector in connection with Title V permitting issues and administrative advocacy
• Represented power producer in connection with compliance plan and regulatory enforcement by California Air Resources Board (CARB) concerning climate-change related air quality regulations, including regulations related to sulfur hexafluoride (SF6)
• Represented client in transaction involving a private party deal related to an auction for the California cap and trade program. 
• Advised client concerning acquisition of carbon credits at auction on behalf of a third party in compliance with the cap and trade program
• Advised client concerning a dispute related to the allocation of carbon allowances under California’s cap and trade program
• Managed dozens of environmental cleanups across the county by directing environmental consultants and working with agencies to devise investigations and remediations in accordance with regulatory standards 
• Counseled client in water master proceeding in connection with water right claim involving surface water rights 
• Defended administrative action by DTSC alleging unlawful waste transport 
• Provided regulatory counsel to electric generation facility in connection with environmental enforcement action by City and California Coastal Commission 
• Counseled the owners of a former oil refinery in an EPA enforcement action involving potential civil and criminal penalties 
• Assisted client relating to issues involving emissions allowances and offsets generated pursuant to California’s cap-and-trade program
• Provided environmental auditing advice to major oil and chemical company
• Provided regulatory counsel concerning numerous compliance issues relating to water rights and water quality matters, including issues relating to wetlands (under state and federal law) and stormwater permitting (including the Industrial General Permit), pollutant and waste discharge requirements (including WDRs and NPDES), and regulatory requirements relating to drinking water standards and protocols 
• Provided advice concerning various air quality matters, including issues relating to air quality standards for mobile source fuelers, gasoline dispensing facilities, scrap metal facilities, and large generators
• Provided counsel concerning release reporting requirements and solid and hazardous waste disposal
• Counseled clients concerning endangered species regulations in connection with property maintenance and operation of renewable energy projects 
• Counseled client with respect to oil and gas regulatory issues, including rights relating to leases 
• Drafted insurance products relating to green building standards, including LEED 
• Drafted protocols for developers for handling potential lead and asbestos during construction, renovation, and demolition activities and best management practices to prevent stormwater pollution. Advised clients concerning the political landscape pertaining to greenhouse gas regulation for automobiles, and assisted with lobbying efforts concerning the waste industry
• Provide advice concerning California Proposition 65 in connection with electronic consumer products