Site Cleanup

• Represents a consortium of responsible parties in connection with DTSC cleanup of a Northern California retail center to address VOC and hexavalent chromium plume in the vicinity of water supply wells. Negotiated favorable groundwater RAP incorporating a substantial monitored natural attenuation component.
• Represents an international industrial chemical and services company in connection with lease termination and environmental restoration issues at Port of Long Beach leasehold. Negotiated a favorable termination agreement approved by the Harbor Commission. Demolition project approved under CEQA with negative declaration and no opposition.
• Represents a leading energy company with regard to ongoing, multiparty sediment cleanup issues in the San Diego Bay.
• Advising an aerospace client in connection with an ongoing soil and groundwater remediation under oversight of LARWQCB in proximity to USEPA Region IX Superfund site.
• Represents an aerospace components supplier in a RCRA corrective action under DTSC’s oversight to address hexavalent chromium, perchlorate and VOC contamination in soil and groundwater; advised the client through public participation and the comment process resulting in the approval of proposed interim remedial measures.
• Advising a national airline regarding an ongoing groundwater remediation project at LAX.
• Defended a landowner in proceedings before the CCRWQCB involving an adjacent facility’s demand for joint allocation of responsibility for a regional VOC groundwater plume; developed historical and technical information, which resulted in the finding of no liability for the client and corrective action directives solely against source site.
• Achieved a timely site closure determination at a RCRA-permitted facility on behalf of a leading manufacturer of industrial gas turbines, following the negotiation of a focused corrective action agreement with DTSC.
• Defended a global oil company in connection with a regional MTBE site under oversight of EPA Region IX and the LA Regional Board; achieved a favorable “good faith” cash-out settlement determination in related litigation with the municipal plaintiff.
• Represented clients at numerous Region IX and state Superfund sites.

Litigation

• Jointly defending large energy and oil companies in a multiparty CERCLA/RCRA action in the Eastern District, based on the alleged disposal of hazardous substances at a facility adjacent to the Sacramento Delta.
• Representing a global chemical company in the defense of citizen suit claims alleging violations of RCRA and the federal Clean Water Act at a San Francisco Bay Area facility.
• Defended two manufacturing clients in a multiparty CERCLA cost recovery action in San Gabriel Valley Superfund Site groundwater litigation. District court approved a consent decree with USEPA and a “good faith settlement” determination in San Gabriel Valley Superfund Site groundwater litigation.
• Obtained a stipulated dismissal of CERCLA/RCRA lawsuit on behalf of the energy client, based on demonstrated lack of causal evidence.
• Achieved a favorable settlement on the eve of the trial in a multiparty contribution case based on the alleged disposal of hazardous wastes by a petroleum industry client; the case involved the extensive and successful use of chemical forensics and fingerprinting to differentiate and date alleged waste materials.
• Successfully resolved citizen suits filed by Baykeeper under the Clean Water Act against builder clients based on alleged violations of storm water permit requirements, including disputed issues with the Army Corps of Engineers, LA Regional Board and the city of Los Angeles.

NPDES & Water Quality

• Advised the nation’s second largest public school district on the compliance with storm water permit requirements in connection with the largest ongoing facility construction initiative in the client’s history.
• Represented a large aerospace company in connection with various NPDES permitting issues before the LA Regional Board, including a successful request for stay and the appeal of certain permit conditions before the SWRCB.
• Represented the world’s largest retail center operator in connection with storm water compliance in a $400 million shopping center redesign; the LA Regional Board concluded that post-construction controls were adequate, resulting in the rescission of NOV and avoiding the need to implement costly additional controls.

 Brownfield Redevelopment

• Counsel for a national real estate investment trust on environmental issues in connection with diligence, management and the acquisition of commercial and retail properties. Advised the client in connection with the purchase of a premium Southern California retail center and adjacent undeveloped land, sited at former industrial facilities with ongoing remedial activities.
• Represented a developer in connection with a proposed $500 million mixed-use project and an adjacent medical office complex at the former manufacturing site in West Los Angeles impacted by VOCs; obtained a “no further action” determination from LARWQCB for first phase parcel; negotiated a cost recovery agreement from the former operator tenant.
• Represented a developer in obtaining a first-of-its kind approval for a large single family residential project at a former oil field disposal site, utilizing state-of-the-art barrier and sub-slab depressurization technology to mitigate potential vapor intrusion concerns and ensured long-term public health based on stringent risk-based safety standards.
• Represented a landowner in the negotiation of various environmental agreements with its operator tenant in connection with the investigation/remediation of VOC contamination at a former manufacturing facility in Santa Monica and its eventual sale to a national development company.

Published Decisions

• Carson Harbor Village, Ltd. v. Unocal Corporation, 287 F. Supp 2d. 1118 (C.D.Cal 2005).
• Carson Harbor Village, Ltd. v. Unocal Corporation, 433 F. 3d 1260 (9th Cir. 2006).
• SWRCB Order WQ 2006-002.
• SWRCB Order WQ 2006-007.
• San Gabriel Valley Water Co. v. Aerojet General Corp., 606 F.3d 1142 (9th Cir. 2010).