Gregory S. Berlin

Senior Associate,

Los Angeles

Phone: +1 213 576 1045
Email: greg.berlin@alston.com

Greg draws on his experience with the U.S. Environmental Protection Agency and California Attorney General’s Office to represent clients in high-stakes environmental litigation and investigations.

Litigation

Proposition 65 counsel for the nation’s largest retail corporation and largest company worldwide by revenue. The company has over 10,500 stores and clubs in 24 countries.
Counsel for one of North America’s largest food companies, defending the company in all Proposition 65 cases.
Defending a real estate developer in a mass tort action involving more than 150 plaintiffs asserting personal injuries and property damage arising from alleged releases of hazardous particulates during construction.
Defending a real estate developer in a putative class action by over 9,500 community members seeking personal injury and property damage from the alleged failure to disclose the presence of radioactive substances at a former naval shipyard that is the subject of San Francisco’s largest development project in a century.
Representing a Fortune 100 multinational oil and gas corporation and one of the largest public companies worldwide in legal challenges to California’s de facto ban on well stimulation treatment operations.
Representing a trade association of petroleum exploration, production, refining, and transportation companies in California Environmental Quality Act challenges to anti-oil and gas provisions in the Ventura County General Plan Update.
Representing oil and gas exploration and production companies in legal challenges to the City of Los Angeles Oil and Gas Drilling Ordinance, which immediately bans new oil and gas extraction activities and requires the removal of existing operations after an amortization period.
Defended one of the world’s largest private sector energy companies against lawsuits brought by multiple California municipalities, alleging claims for public and private nuisance, product liability, and deceptive sales – attempting to shift liability for national and international climate change policy choices onto energy producers. The client was dismissed from the lawsuits with prejudice.
Obtained summary judgment on behalf of a real estate developer in litigation challenging the County of Orange’s decision to approve two mixed-use projects (commercial and residential) valued at over $4 billion on portions of the former Marine Corps Air Station El Toro now owned by the County and located within the City of Irvine.
Represented a mining company in the adjudication of the Antelope Valley Groundwater Basin, the largest groundwater pumping rights case in California history.

Obtained summary judgment on behalf of the petitioner in California Environmental Quality Act, National Environmental Policy Act, and Endangered Species Act citizen suit challenges to a controversial long-term water transfer program.
Represented the intervenor-defendants in Endangered Species Act citizen suit challenges to the biological opinions for two endangered species in a multibillion-dollar water infrastructure project.

Regulatory Compliance and Due Diligence

Conducted an internal investigation of a national specialty equipment manufacturer’s prior usage of PFAS-containing products on privately and publicly owned properties in multiple states.
Providing strategic counseling to numerous textile and consumer product manufacturers on compliance with various state bans on the sale of clothing, textiles, and consumer products containing “intentionally added PFAS.”
Counseling food and beverage companies on a patchwork of state laws banning the sale of food packaging with “intentionally added PFAS.”
Counseling dozens of companies on Proposition 65 compliance, including development of test protocols, analysis and drafting of supply chain agreements, and developing compliance strategies.
Counseled a federally recognized American Indian tribe on the sale of carbon offset credits.
Conducted environmental due diligence on behalf of a renewable energy company in a biogas development project in San Diego.
Performed environmental due diligence on behalf of a pharmaceutical company in a cross-border acquisition.

Pro Bono

Lead appellate counsel in an unlawful detainer action resulting in a published decision, holding that the failure to obtain and display a certificate of occupancy for an illegal dwelling unit provides a complete affirmative defense to an unlawful detainer action.
Represented an indigent client in a Section 1983 civil rights lawsuit in the U.S. District Court for the Northern District of California against a California municipality relating to an unlawful nuisance abatement and the taking of the client’s property. The case settled on favorable terms.

Gregory S. Berlin

Litigation

Regulatory Compliance and Due Diligence

Pro Bono

Bar Admissions

Education

Memberships