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Environmental Law

The Environmental Law Practice Group is headed by Robert C. Goodman, an experienced trial attorney in both the private and pubic sectors. He and the attorneys in this group have a detailed understanding of the complex and rapidly changing world of environmental law, litigation and enforcement.

The Group's clients include national and regional manufacturers, developers, property owners, and individuals. They represent clients in disputes and litigation with federal, state, and local environmental regulators, and in private party cost recovery cases arising under state and federal environmental laws, and have prosecuted and defended cases under all of the major federal and state environmental statutes, including the federal Clean Water Act, Clean Air Act, and Ocean Dumping Act, and California's "Proposition 65," Polanco Act and Environmental Quality Act. They have particular expertise in litigation involving contaminated soil and groundwater, including cases arising under CERCLA (the "Superfund" law), the Resource, Conservation and Recovery Act, and their state law counterparts. Members of the group have defended clients in actions between private parties for contribution and indemnity and in actions brought by federal and state agencies.

In addition to litigation, the Environmental Law group has broad experience in counseling clients on environmental issues. Works with clients and their environmental consultants to develop and implement due diligence in the acquisition of businesses and real property. They are experienced in representing clients in negotiating with regulatory agencies to develop reasonable and cost-effective approaches to addressing subsurface contamination.

Representative Cases and Issues

  • Served as lead counsel for two oil companies in a multi-year multi-million dollar investigation and environmental clean up in San Francisco's Mission Bay area. Coordinated negotiations with stakeholders, including other responsible parties, property owners, the Regional Water Quality Control Board, and the City and County of San Francisco
  • Defended Polanco Act lawsuit brought by a redevelopment agency in the Central Valley, resulting in a favorable settlement that resulted in a limitation on clients' future liability for clean up costs
  • Following the filing of motions for summary judgment, secured dismissal of two major oil companies from Proposition 65 lawsuit brought against more than two dozen defendants relating to petroleum coke dust emissions from the Ports of Los Angeles and Long Beach
  • Defended and obtained summary judgment for a major oil company in a multimillion dollar subrogation action filed by an insurance company relating to a worker injury at client's refinery
  • Represented manufacturer of consumer product in obtaining variance from the California Air Resources Board, allowing continued sale of client's product in California
  • Have represented clients as plaintiffs and defendants in more than fifty cost recovery cases under the Comprehensive Environmental Response and Compensation Act in federal courts throughout the Unites States
  • Defended public utility and reached favorable settlement in enforcement action brought by air pollution control district and U.S. EP A alleging violations of the federal "PSD" regulations
  • Defended chemical manufacturer in litigation alleging injury resulting from exposure to chemicals, resulting in favorable settlement for client
  • Defended pharmaceutical company in litigation alleging improperly labeled consumer products and violations of California's Unfair Business Practices Act

References available upon request.

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Attorneys
Robert C. Goodman (chair)
Ann M. Blessing
J. Robert Maxwell
Alexis J. Morris
Zachary M. Radford
D. Kevin Shipp