- Advised large corporate client, in collaboration with corporate counsel, regarding former industrial property in Orange County that was subsequently redeveloped as residential. By voluntary agreement, the company is involved in extensive groundwater investigation and is conducting what is now the largest Vapor Intrusion (VI) investigation and indoor air sampling program in California involving over 500 homes. It is regulated by the Santa Ana Regional Water Board and has also involved strategic investigation work and planning relating to COVID-19 precautions and restrictions.
- Advised and represented property owner in Santa Clara County on groundwater solvent contamination on property caused by prior site owner involving negotiations with former owner and state regulatory agency. Deed restrictions were also addressed.
- Advised large corporate client, in collaboration with corporate counsel, on soil and groundwater related solvent contamination cleanup site in Santa Clara County that involves commingled groundwater plumes. This has included negotiations with the San Francisco Bay Regional Water Board, the property owner, neighboring property owners, permitting, compliance implementation, access agreements, deed restrictions, and litigation support on potential federal issues.
- Advised and represented property owner in Alameda County on groundwater petroleum contamination cleanup from sources adjoining client’s property. This involved negotiations with adjoining property owner and the County regulatory agency.
- Advised and represented property owner in Alameda County before the state Department of Toxics Substance Control relating to impacts to client’s property resulting from neighboring property contamination and the resulting cleanup.
- Assisted various Marin County property owners regarding individual wastewater disposal system permitting and appeal issues.
- Advised and represented 17 Alameda County municipalities and districts on an ongoing basis regarding stormwater control compliance planning, permit reissuance issues, program implementation, and enforcement matters under their Municipal Regional Stormwater Permit (MRP). This work has also included strategic planning in response to COVID-19 related compliance delays.
- Advised numerous small municipalities throughout the state on compliance with their Phase II Municipal Stormwater Permit.
- Advised various construction and industrial site owners/operators regarding compliance with the statewide general permits for construction related activities and industrial site operations.
- Advised construction site home builder in the North Coast Regional Water Board’s jurisdiction in matters relating to issuance of Notices of Violations, Investigative orders, and potential administrative penalties action.
- Represented construction site developer in Contra Costa County in obtaining an administrative penalties settlement in an amount substantially below the amount sought in the Complaint by the San Francisco Bay Regional Water Board.
- Advised and represented Santa Clara County winery relating to stormwater drainage and sedimentation control issues in steep terrain before the County Planning Commission and the San Francisco Bay Regional Water Board.
- Advised and represented large ranch owner in San Luis Obispo County in communications with the EPA relating to cleanup responsibilities and contamination caused by upstream abandon mercury mine discharges to the watershed.
- Advised and represented community services district in San Luis Obispo County on sewage treatment plant planning and application to Central Coast Regional Water Board for waste discharge requirements in a septic tank prohibition area.
- Advised and represented a small water district in Merced County before the Central Valley Regional Water Board on revision of waste discharge requirements for expanded disposal capacity for their wastewater treatment facility.
- Advised and represented winery in Napa County on large settlement of an enforcement matter before the San Francisco Bay Regional Water Board relating to wetlands fill that involved a significant environmental enhancement project in lieu of civil monetary penalties.
- Advised the owner of a large shipyard located in Alameda on matters relating to potential industrial on-site contamination and the prevention of industrial stormwater discharges to San Francisco Bay. This has also involved shipyard operations in other parts of the bay. The work involves permitting and compliance issues in collaboration with other legal counsel.
- Worked with 17 Alameda County municipalities and districts to address regulatory and permit reissuance issues relating to the discharge of stormwater to surface water bodies involving trash cleanup and monitoring, green infrastructure, commercial and construction site oversight, new development regulation, creek status monitoring, and pesticide, PCB, and mercury reduction programs.
- Advised and represented large power company in obtaining reissuance of NPDES permit with the Central Coast Regional Water Board for discharge of cooling waters to waters of the U.S.
- Provided regulatory legal consultation to Bay Area law firm in obtaining penalties settlement with the San Francisco Bay Regional Water Board for unpermitted discharge of stormwater from new development construction activities in Contra Costa County.
- Provided collaborative investigation and assistance to counsel in discussions with San Francisco Bay Regional Water Board staff involving negotiations for acquisition of wetlands property as part of adjoining property owner’s application for water quality certification.
- Provided appeals support to large Los Angeles law firm with respect to groundwater contamination issues with the Los Angeles Regional Water Board and appeals to the State Water Board.
- Provided expert consultation to Bay Area law firm in negotiations with North Coast Regional Water Board on regulation of Sonoma County client’s groundwater contamination problems.
- Provided legal consultation and testimony for property owner before the Contra Costa County Planning Commission with regard to subsurface discharge of wastewater to individual treatment and disposal system.
- Provided regulatory consultation to Contra Costa County law firm regarding cleanup of petroleum contamination ordered by the Central Valley Regional Water Board.