Energy
- Representing a multinational energy company challenging a de facto moratorium on the issuance of well stimulation permits by the State of California, including claims that the state officials lack statutory authority to adopt a de facto moratorium and that the agency has implemented an underground regulation.
- Representing bulk fuel storage terminals and refineries in responding to the California State Water Resources Control Board’s orders to investigate and sample for dozens of PFAS chemicals.
- Prevailed on behalf of an oil and gas exploration and production company in invalidating the City of Los Angeles Oil and Gas Ordinance, which banned the drilling, redrilling, and maintenance of existing wells and required the removal of existing operations after an amortization period. This decision was one of the first to apply the pivotal decision by the California Supreme Court in Chevron U.S.A. v. County of Monterey, and the court concluded that the City’s ordinance was preempted by state law, which vests exclusive authority with the state to regulate the methods and practices of oil production, not local governments.
- Defended an energy company against a local agency’s efforts to eliminate or amortize oil operations. Negotiated a settlement agreement with Culver City regarding the City’s amortization ordinance to eliminate oil operations. Facilitated a permitting dispute in the City of Los Angeles to allow for redevelopment of the site.
- Represented oil and gas operators and a petroleum industry association in CEQA challenges to the Ventura County General Plan Update. The case settled on favorable terms.
- Represented a multinational energy corporation and one of the largest public companies worldwide in a challenge to a countywide ballot initiative that would immediately prohibit well stimulation and the drilling of new wells, and would impose a sunset date for the injection or impoundment of produced water. If implemented, the ballot initiative would have shut down all operations in the eight-largest oil field in the state. The California Supreme Court held that the initiative was preempted by state law, and that local governments cannot contradict a state statute by providing that the state agency has authority to determine the appropriate methods of oil production in each suitable case.
- Defended one of the world’s largest private sector energy companies against multiple lawsuits brought by various California municipalities, who were alleging claims for public and private nuisance, product liability, and deceptive sales while also attempting to shift liability for national and international climate change policy choices onto energy producers. The municipalities sought damages tied to greenhouse-gas emissions between 1965 and 2015. The client was dismissed from the lawsuits with prejudice.
Environmental and Toxic Tort Litigation
- Won summary judgment on behalf of a real estate developer in litigation challenging the County of Orange’s decision to approve two mixed-use projects, valued at over $4 billion, on portions of the former Marine Corps Air Station El Toro that are now owned by the County and located within the City of Irvine.
- Won summary judgment in NEPA, CEQA, and Endangered Species Act challenges to a controversial long-term water transfer program.