Environmental Law and litigation

J. Tom Boer

Tom Boer is a partner at Barg Coffin Lewis & Trapp, LLP. His practice focuses on environmental litigation and compliance counseling under both federal and state environmental statutes, as well as commercial and other litigation matters.

Before entering private practice, Tom spent seven years as a Trial Attorney with the United States Department of Justice and two and a half years as an attorney with the United States Environmental Protection Agency's Office of General Counsel. As an attorney with the Department of Justice, Tom prosecuted cases on behalf of the United States pursuant to the Clean Air Act, Clean Water Act, Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), Oil Pollution Act, and the Park System Resource Protection Act.

Tom's professional expertise includes:

• Representing clients in the defense and prosecution of cost recovery claims brought under CERCLA and state law
• Representing clients in government enforcement actions arising out of state and federal environmental and land use statutes, including RCRA, the federal Clean Water Act, the federal Clean Air Act, and the Polanco Redevelopment Act
• Defending administrative environmental enforcement proceedings
• Counseling clients regarding compliance with federal, state, and local environmental laws, including the federal Clean Water Act, the California Porter-Cologne Water Quality Control Act, FIFRA, and state and federal solid waste laws and regulations
• Counseling clients regarding acquisition, cleanup, sale and leasing of brownfields and contaminated properties
• Counseling clients in connection with regulatory information requests brought pursuant to CERCLA, the Clean Air Act, and state law
• Representing clients in toxic tort and common law environmental actions
• Negotiating consent decrees, cleanup orders, and other administrative agreements
• Counseling clients in connection with environmental regulatory rulemaking and permitting processes

Honors

• The Named a 2009 "Rising Star" in an annual survey of Northern California "Super Lawyers," an honor bestowed on the top 2.5% of eligible lawyers
• Received U.S. Department of Justice Special Commendations as a trial attorney in 2002, 2003, 2004 and 2005
• Awarded the U.S. EPA Administrator's Exceptional Service Gold Medal in 2002
• Awarded the U.S. EPA Administrator's Commendable Service Silver Medal in 2000
• Awarded U.S. EPA Regional/Assistant Administrator's Superior Service Bronze Medals in 1999, 2000 and 2005

Education

• The George Washington University Law School, J.D., with honors, 1998
  
  Executive Articles Editor, American Intellectual Property Law Association Quarterly Journal, 1997-98; Member, Moot Court Board, 1998; Quarter Finalist, Moot Court Competition, 1997
• Occidental College, B.A., Public Policy/Environmental Studies, cum laude, 1995
  
  Class of 1995 Commencement Speaker

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Endangered Species Act Requires Enforceable Mitigation And Consideration of Climate Change