Representative Matters

• Clean Air Act – Permitting, enforcement and citizen suit work with manufacturing, food processing, bulk loading, fumigation and other businesses and groups.  Numerous 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.

• 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.

• 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.