Mr. Foster has over 20 years of experience assisting businesses and individuals navigate the requirements of local, state and federal environmental regulation. His practice encompasses both administrative proceedings and litigation in state and federal courts, including permitting, enforcement and agency rulemaking activities. Chris has advised and represented clients in matters involving air quality, water rights and water quality, hazardous and toxic substances, endangered species, property development and environmental due diligence.
Governmental regulatory agencies before which Chris has appeared include the U.S. Environmental Protection Agency, the U.S. Department of the Interior, the Bureau of Reclamation, the California Air Resources Board, numerous local air quality management districts, the State Water Resources Control Board, numerous regional water quality control boards, the Department of Toxic Substances Control and the California Department of Public Health. Chris' areas of expertise comprise the federal and state Clean Air Acts, the Clean Water Act, the Federal Insecticide Fungicide and Rodenticide Act (FIFRA), the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), the Endangered Species Act, the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop 65), the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA).
Representative Environmental Experience
· Represented national telecommunications company in connection with proposed multimillion dollar penalty by local air pollution control district for fiber optic cable installation; successfully negotiated elimination of penalty.
· Represented paint manufacturers, dealers and contractors against various local air quality management districts and the California Air Resources Board to invalidate regulations limiting the organic compound content of architectural coatings.
· Challenged the environmental, economic and constitutional appropriateness of a local air quality management district's air permit-trading scheme on behalf of a metals industry alliance.
· Obtained stipulated orders for abatement from local air quality management districts allowing continued operation, pending permit modification, for ski resort, cheese manufacturing facility, several metal fabricators and coaters, wood treatment facility, industrial bakery, and food flavoring manufacturer.
· Represented dairy owner in successful defense of CEQA action by environmental groups challenging permit issued by local air pollution control district for expanded operations.
· Represented farmers and landowners in western San Joaquin Valley in action against the Department of the Interior for failure to provide statutorily mandated drainage; successful settlement involved government purchase of lands at unimpaired fair market value.
· Represented retail distributor in private Proposition 65 action regarding a nicotine-containing dietary supplement.
· Represented wholesale grocery distributor in Federal Insecticide Fungicide & Rodenticide Act action for sale of unregistered pesticide.
· Represented farmers in western San Joaquin Valley in action against the Department of the Interior for failure to provide contractually obligated irrigation water.
· Represented recreational motorcycle club in successful challenge to designation of critical habitat under the Endangered Species Act.
· Represented California city in successful defense of ordinance suspending oil drilling while necessary environmental protections were enacted.
Published Opinions
· Sherwin-Williams Co. v. South Coast Air Quality Management District, 86 Cal.App.4th 1258 (2001)
· Allied Local and Regional Manufacturers Cacus v. EPA, 215 F.3d 61 (D.C. Cir. 2000)
· Alliance of Small Emitters/Metals Industry v. South Coast Air Quality Management District, 60 Cal.App.4th 55 (1997)
· Setliff v. E.I. DuPont de Nemours, 32 Cal.App4th 1525 (1995)
· Westlands Water District v. U.S., 850 F.Supp. 1388 (E.D. Cal 1994)
· Teitel v. First Los Angeles Bank, 231 Cal.App.3d 1593 (1991)
Other Information
· President, Young & Healthy Board of Directors
Speeches and Publications
· Current Topics in Environmental Law, 2009 - participant on panel discussing "Sustainability Principles for Water Use in the Vineyard: What (if not water) is Coming from the North?"
· California Wine Forum, 2008 - panel moderator for "Sustainability in the Vineyard and Winery" - discussion of the impacts of AB 32 on the wine industry
· Water Rights Sales and Transfers in California, 2005 - principal in seminar designed to help those in the development community, both public and private sector, understand and manage water supply issues and challenges
· "Mandate Maneuver - The U.S. Supreme Court case involving the constitutionality of the Brady Gun Control Act could affect the way states are obligated to implement federal environmental laws" - Los Angeles Daily Journal, Environmental Law Supplement, October 23, 1997