Energy Matters
- Representing oil companies challenging a regulatory moratorium on the issuance of well stimulation permits by the State of California, including claims that the state officials lack statutory authority to adopt the moratorium and that the agency improperly implemented an underground regulation prior to adoption of the regulation banning well stimulation permits.
- Represented an oil and gas production facility regarding requests for variance relief and negotiated orders for abatement. Negotiating a resolution to notices of violation/notices to comply and counseling on compliance with air quality regulations before the South Coast Air Quality Management District.
- Represented an oil and gas exploration and production company regarding NPDES permits (construction and storm water), permits related to land disposal programs, and counseling on negotiation of and compliance with permits before the RWQCB.
Toxic Tort and Cost Recovery Litigation
- Defending a medical sterilization company in multiple lawsuits alleging personal injuries from alleged exposure to ethylene oxide emissions.
- Represented a residential home developer in toxic tort litigation alleging that contamination resulting from former oil storage facilities caused personal injuries and property damage and related regulatory action by the Los Angeles Regional Water Quality Control Board (RWQCB).
- Served on the trial team in an ecological toxic tort lawsuit against a U.S. aerospace and defense company involving more than 800 plaintiffs who claimed personal injuries and property damage from alleged exposure to emerging chemicals in drinking water. The first group of 50 plaintiffs was litigated to a dismissal of all claims, following the exclusion of the plaintiffs’ medical experts. The remaining cases were later settled on terms favorable to the client.
- Defended a major aerospace company in federal RCRA and CERCLA cost recovery actions involving ammonium perchlorate and TCE in the Rialto and Colton groundwater basins. The case was ultimately settled on terms favorable to the client.
- Represented a real estate developer in a putative class action and individual lawsuits seeking personal injury and property damage from the alleged failure to disclose the presence of radioactive substances at a former naval shipyard, the subject of San Francisco’s largest development project in a century.
Regulatory Enforcement Actions
- Represented a solid waste transportation, sorting, and recovery facility operator in an enforcement action brought by the South Coast Air Quality Management District involving allegations of odor nuisance.
- Represented a California city government in an appeal of the RWQCB’s $2.3 million fine for a sewage spill resulting from severe El Niño storm conditions. Following the State Water Resources Control Board’s refusal to hear any appeal, a petition for writ of mandate was filed in Los Angeles County Superior Court. Ultimately, the RWQCB’s $2.3 million fine was overturned.
Transactional Experience
- Advising clients on environmental compliance and liability issues in transactions.
- Conducting and advising on due diligence assessments; retaining and working with consultants, engineers, and other environmental professionals to quantify potential liabilities and evaluate risk.
- Drafting and negotiating purchase agreement language to effectively allocate potential environmental risk and liability between parties.