John J. Lormon

Mr. Lormon specializes in environmental, climate change, sustainability, and ecosystems law. He has experience working with local and state government and regulatory agencies on environmental permitting, entitlement and compliance matters. Mr. Lormon has handled project development, permitting, compliance, and enforcement issues.

Mr. Lormon has managed numerous Clean Air Act cases involving stationary and mobile sources. He has special expertise in air emission impacts to local communities. He has worked on carbon emission, diesel and soot projects in large projects in Los Angeles and Long Beach Harbor. He is experienced in health risk assessment matters on a local and a community wide scale involving vapor intrusion and pesticide/herbicide applications. His expertise encompasses water delivery, water treatment, desalination, and purification as well as wastewater and reuse matters.

Mr. Lormon has been active in politics and bond initiatives. He was team leader for Gray Cary Ware & Freidenrich’s (now DLA Piper Rudnick) environmental practice group for eight years before joining Procopio. He was appointed by the Governor to the California Regional Water Quality Control Board, San Diego Region 9 (1992 to 1996), and to the State Coastal Conservancy Board (1997 to 2004).


Representative Matters

• Clean Air Act – Permitting, enforcement and citizen suit work with manufacturing, food processing, bulk loading, fumigation and other businesses and groups. Appearances before the South Coast AQMD, San Diego APCD, State ARB and U.S. EPA. Clean Air Act PM-10, ozone, hazardous pollutant and other permitting and compliance matters.
   
• Water Resources – Permitting and consulting for desalination projects in U.S. and Mexico; Water purification and delivery in California and Mexico.
   
• Energy – Cogeneration project entitlement and purchase and sale; Geothermal incident investigation and contract work; oil company (FERC) rate of return and sale of excess electrical power; Gas turbine power plant purchase and sale, operational and compliance work.
   
• Indoor Air Pollution – Negotiation of lease and purchase and sale agreements regarding liability and responsibility for mold and other indoor air pollution.
   
• Climate Sustainability and Climate Change – Advise on California and Federal climate case law and legislation, including California's first in the nation market wide cap and trade program.
   
• Comprehensive Environmental Responsibility Compensation & Liability Act (CERCLA/Superfund) and Resource Conservation Recovery Act (RCRA) – Representation including Superfund litigation, removal actions, cost recovery and contribution actions, Brownfield projects, RCRA injunctive actions, and facility permitting.
   
• Clean Water Act and the California Water Code - Sections 401 Certifications, 402 NPDES and Section 404 – Dredge and Fill of waters in the U.S., including wetlands and vernal pools, and state waste discharge requirements including those subject to the National and California Toxic Rules permits. Lead counsel to the University of California’s Scripps Institution of Oceanography in obtaining NPDES permit and an exception to the California Ocean Plan prohibition on discharges to ASBSs. Compliance orders, cleanup and abatement orders, administrative, citizen suits, and civil and criminal enforcement matters. Industrial, wastewater, construction, and municipal permitting, compliance, and enforcement.
   
• Contaminated Properties – Underground storage tanks, oil and pipeline operations, landfill and burn dump sites, asbestos and PCB problems, lead negotiator and project strategist in placing contaminated property back into productive use under various federal and state Brownfield redevelopment agency and Polanco Act initiatives. Experienced in structuring deals to shield clients from environmental and natural resource exposures and to maximize property reuse.
   
• Purchase and Sale Transactions – Legal counsel and sales agent for large parcel sale, coordinated all contact with prospective purchasers including developers, Native American tribes and environmental groups.

Mr. Lormon received his undergraduate and law degree from Boston College and is licensed to practice in California, Alaska and Massachusetts. For the past five years, 2007-2011, he was selected for inclusion in the Southern California Super Lawyers® - San Diego lists in the Environmental category. Mr. Lormon is recognized as an AV rated attorney by Martindale-Hubbell.

Mr. Lormon recently served as a member of the Metropolitan Water District of Southern California’s Blue Ribbon Committee tasked to advise the Met on water supply, transfers, reliability, sustainability, environmental stewardship, energy, and climate issues for the next 50 years of the district’s operation. He is part of the Directors Cabinet for Scripps Institution of Oceanography and co-chair of the Scripps Institution of Oceanography's Climate Task Force. Mr. Lormon belongs to the San Diego Regional Chamber of Commerce Energy and Water Committee and was appointed by the Mayor to the City of San Diego Solid Waste Hearing Panel. He is also a member of the Section on Environment, Energy and Resources (SEER) for the American Bar Association and Vice Chair of Membership for the Climate Change, Sustainable Development and Ecosystems Committee. Mr. Lormon is a former member of the Local Enforcement Agency (LEA) Independent Hearing Panel for the City of San Diego.

In joint sponsorship with the County of San Diego, the City of San Diego Environmental Services Department, and the San Diego Unified Port District, Mr. Lormon organizes the Environmental Breakfast Club as a firm event for distinguished speakers from state and federal regulatory agencies to discuss important environmental issues with a cross section of the community. Additionally, Mr. Lormon coordinates the Climate Club, which provides an opportunity for a cross-section of community leaders to discuss climate change issues at dinner events held in private homes.

Recent News Coverage

• Lee, Mike. “Landmark Toxics Law Celebrate 25 Years,” San Diego Union-Tribune, July 23, 2011.
• "Professional Profile: John Lormon," San Diego Business Journal, November 22, 2010
  
• "Varied Experiences Are Valuable Assets in Practicing Law," San Diego Business Journal, February 15, 2010
  
• Stevens-Huffman, Leslie. “Global Impact: Anticipating California’s global warming legislation,” SmartBusiness San Diego, August 2008.
• Stevens-Huffman, Leslie. "Go Green: Reaping the benefits of green workplace practices," SmartBusiness San Diego, June 2008.
• Stevens-Huffman, Leslie. "Storm Warning: Requirement for stormwater permits may affect all businesses," SmartBusiness San Diego, April 2007.

Recent Articles/Publications

• “Climate Change - Recent Climate Litigation,” California Environmental Law & Land Use Practice, Chapter 85:04, Matthew Bender, LexisNexis, March 2011.
• “Climate Change - Recent Climate Litigation,” California Environmental Law & Land Use Practice, Chapter 85:04, Matthew Bender, LexisNexis, March 2010.
• “Climate Change - Recent Climate Litigation,” California Environmental Law Treatise, Chapter 85:04, Matthew Bender, LexisNexis, March 2009, January 2010.
• “The New EPA Administration Moves toward National Greenhouse Gas Emissions Reporting System,” April 2009.
• “Climate Change - Recent Climate Litigation,” California Environmental Law & Land Use Practice, Chapter 85:04, Matthew Bender, LexisNexis, March 2009.
• “Climate Change: Treaties, Legislation, Due Diligence and Litigation Update,” Climate Change and Global Warming, Treatise on Environmental Law, Appendix 1A-A to Chapter 1A, LexisNexis, September 2008.
• “Climate Change: The Early Days,” California Real Estate Journal, September 29, 2008.
• “Going Green? How the legal community helps the environment,” San Diego Lawyer, July/August 2008.
• “Climate change regulations affect business owners,” Carlsbad Business Journal, July 2008.
• "California’s Ban on Point and Non-Point Discharges of Waste into Areas of Special Biological Significance,” Environment and Resources Quarterly Magazine, American Bar Association Section on Energy, Fall 2005.

Recent Seminars and Speeches

• “The California Greenhouse Gas Cap-and-Trade Rule is Final – What do you Know?!” Live Nationwide Phone/Web Seminar, December 8, 2011.
• “My Grid is Smarter Than Your Grid: A Case Study and Tour,” Procopio Environmental Breakfast Club, San Diego, CA, October 12, 2011.
• “The Impact of AB 32 and Climate Policy on San Diego and Beyond,” Procopio Environmental Breakfast Club, San Diego, CA, May 13, 2011.
• “Sitting Energy Projects in California: Finding the Balance,” University of San Diego’s Climate and Energy Law Symposium, San Diego, CA, April 2011.
• “Water and Energy Series, Part III: The Nexus Between Water and Energy,” Climate Club Dinner, San Diego, CA, March 25, 2011.
• “Water and Energy Series, Part II: Pricing Water,” Climate Club Dinner, San Diego, CA, January 28, 2011.
• “Water and Energy Series, Part I: The Opportunity in Shortage,” Climate Club Dinner, San Diego, CA.
• “Introduction to Carbon Regulation and Markets – The Business Opportunities for Clean Tech Sector,” San Diego Chapter of the Association of Corporate Counsel, February 2010.
• “Live From Copenhagen: UN Summit on Climate Change: An Update from California’s Climate Team,” San Diego, CA, December 2009.
• “Availability of Water to Southern California,” Procopio Environmental Breakfast Club, San Diego, CA, October 15, 2009.
• “Climate Change: Follow the Herd to the Climate Club,” Climate Club Dinner, San Diego, CA, October 5, 2009.
• “Climate Change: Rising Sea Level – Climate Change and the California Coastline,” Climate Club Dinner, San Diego, CA, June 5, 2009.
• "Climate Change & Business Breakfast Discussion: Corporate Risk from the Changing Climate," Rady School of Management, University of California, San Diego, San Diego, CA, April 2009.
• "Climate Conversations: Update on Regulations That Will Implement AB 32, Cap and Trade and More," Environmental Breakfast Club, San Diego, CA, April 2009.
• “Climate Change: The Penguins are Coming – Hear How Climate Change is Affecting this Spectacular Species,” Climate Club Dinner, San Diego, CA, February 13, 2009.
• “Climate and Energy Law Symposium: A Presumption against Preemption in Climate Law?” University of San Diego, San Diego, CA February 2009.
• "Climate Change: From International Treaties to CEQA and Due Diligence," San Diego Chapter of the Association of Corporate Counsel, January 2009.
• Climate Change: Legislation and Litigation Analysis, San Diego Environmental Professionals, January 2009
• “Climate Change: Panel Discussion on Business Opportunities in the Clean Tech Sector,” Environmental Breakfast Club, San Diego, CA, December 2008.
• “Climate Change: Climate Conversations: Climate Science, Climate Contrarian Views, Latest Research Issues and Climate Policy Issues,” Environmental Breakfast Club, San Diego, CA, November 2008.
• "Climate Change: Legislation and Litigation," Environmental Breakfast Club, San Diego, CA, October 26, 2008.
• "Climate Change: The Rising Sea Level," Webcast presentation to City Council, Del Mar, CA, October 2008.
• "Green to Gold: Monetizing the Clean Tech Phenomena for SoCal Tech Companies," AeA And CleanTech San Diego, San Diego, CA, August 21, 2008.
• "Climate Change and Business: Demystifying Science, Risk and Reward," Rady School of Business, University of California at San Diego, San Diego, CA, June 6, 2008.
• "Carbon Case Law Update," April 2008.
• "Sustainability and Green Practices for Service Industries," Urban Land Institute, April 2008.
• "California's Ocean Plan Ban on Waste Discharges into Areas of Special Biological Significance (ASBS)," Headwater to Oceans (H2O) Conference, 2005.
• "The Role of Economic Considerations in Stormwater Permits," CASQA Conference, 2005.