Environmental Law and litigation

REPRESENTATIVE MATTERS

Brownfields

  • 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.
  • Represented clients in California, Florida, Maryland, Michigan, New York, and Tennessee, negotiating site cleanup and closure agreements with federal and state agencies.
  • Represented BNSF Railway Company in overseeing implementation of risk assessment and feasibility study, and in negotiating with DTSC regarding response action requirements
  • Represented landowners in negotiations with state agencies regarding whether proposed cleanup standards were developed in accordance with applicable regulations and state water policies, and regarding "applicable or relevant and appropriate requirements"(i.e, ARARs) under federal law.
  • Represented landowners in negotiating agreements with other potentially responsible parties regarding the investigation and cleanup of contaminated property in compliance with regulatory agency requirements
  • Have worked with environmental consultants and expert witnesses to evaluate whether environmental response actions at contaminated sites were consistent with the National Contingency Plant
  • Represented potentially responsible parties in negotiating administrative settlement agreements and Consent Decrees to resolve alleged liability under the Comprehensive Environmental Response, Compensation, and Liability Act.
  • Representing landowners in regulatory proceedings concerning a large ranch in the Sacramento Delta area, including site investigation and development of a remedial strategy, creating a fixed-fee site closure plan, and obtaining environmental insurance for unanticipated cleanup costs