Environmental Law and litigation

Attorney: Donald E. Sobelman
des@bcltlaw.com
Tel: 415 228 5400

Donald E. Sobelman

Donald Sobelman is a partner with Barg Coffin Lewis & Trapp, LLP. His practice focuses on environmental and land use litigation, compliance with environmental and land use regulations, and the development and implementation of investigative and remedial actions addressing soil and groundwater contamination.

Donald's professional expertise includes:

  • Representing clients in legal actions asserting environmental claims, including cost-recovery claims under federal and state statutes (including CERCLA, RCRA, HSAA, and the Polanco Redevelopment Act), toxic tort claims, common law claims (nuisance, trespass, and indemnity), and claims under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65)
  • Defending clients against Clean Water Act citizen suits alleging violations of the California General Permit for storm water discharges
  • Advising clients with respect to perchloroethylene (PCE) and perchlorate contamination, including soil and water remediation and compliance with drinking water standards
  • Representing clients in front of local government agencies with regard to land use approvals, including development agreements, zoning amendments, and general plan amendments
  • Representing clients in all aspects of the California Environmental Quality Act (CEQA) project review process, including preparation, review, and analysis of negative declarations, draft environmental impact reports (DEIRs), comment letters, and responses to comments/final environmental impact reports (FEIRs)
  • Prosecuting and defending litigation under CEQA and the California Planning and Zoning Law
  • Advising clients on record retention requirements and issues arising under local, state, and federal environmental laws and regulations
  • Handling environmental insurance coverage matters, including advice to clients, negotiations with insurers regarding defense and indemnity of claims, and litigation of complex coverage disputes

Education

  • Harvard Law School, J.D., cum laude, 1996
    Managing Editor, Harvard Environmental Law Review; Intern, Massachusetts Department of Environmental Protection
  • University of California, Los Angeles, B.A., English, summa cum laude, 1991
    Phi Beta Kappa; National Merit Scholar; UC Regents Scholar; UCLA Alumni Scholar

Representative Matters

  • Representing a potentially responsible party, sued on a successor liability theory, in a cost recovery action brought by a municipality over perchlorate contamination in groundwater used as drinking water.
  • Represented a city in CEQA actions challenging the environmental impact report for a large shoreline residential development project on San Francisco Bay
  • Defended City of Sunnyvale in CEQA litigation concerning the City’s approval of a major regional traffic infrastructure project.
  • Represented an industrial facility in negotiating with EPA and the Regional Water regarding applicable effluent limitations and other NPDES permit requirements
  • Represented City of Sunnyvale Redevelopment Agency in negotiating the environmental remediation requirements, and related cost-sharing and indemnification provisions, in a development agreement for a major mixed-use project, and continue to represent Agency on implementation of agreement and cleanup.
  • Represent redevelopment agency concerning remediation of former strip mall site, including an abandoned automobile service station, for reuse as residential housing.
  • Represent defense contractor with respect to ongoing investigation and remediation of perchlorate and energetics in soil and groundwater at armaments testing facility, under supervision of Regional Water Quality Control Board
  • Negotiated consent decrees in CWA citizen suits alleging violations of the storm water industrial general permit by a landfill and by a waste transfer station.
  • Negotiated a consent decree on behalf of a metal recycling facility named as a defendant in a CWA citizen suit; continue to represent facility with respect to consent decree and CWA compliance.

Practice Areas