The Environmental & Energy Department maintains a full service environmental and energy practice, representing a broad spectrum of clients in all phases of litigation and transactions, as well as with regulatory and compliance issues. Attorneys in the Department have experience in virtually all aspects of environmental and energy law, including the rapidly expanding and multi-faceted field of alternative energy. The Department has represented a broad spectrum of clients, including, by way of example, major oil companies, regulated water utilities, alternative energy providers, banks, investment firms, industrial concerns and developers. The Department's attorneys have handled matters ranging from overseeing the environmental and energy aspects of the CityCenter project in Las Vegas, the largest privately-funded construction projects in history, to litigating a number of the cases that have established defining legal principles under the Clean Air Act, CERCLA and RCRA. Based on their experience and reputation in the environmental and energy sectors, the Department's attorneys have recently been tasked with developing cutting-edge legal mechanisms for confronting critical issues in the emerging fields of climate regulation and green building law, including the creation of insurance related products to insure the validity of carbon credit transactions and LEED certifications for sustainable development.
ENVIRONMENTAL & ENERGY LITIGATION
The Department maintains a broad litigation practice. Its attorneys have both prosecuted and defended claims for environmental contamination of real property, including precedent-setting actions seeking to allocate liability among potentially responsible parties at state and federal Superfund sites. In addition to recovering millions of dollars in cleanup costs for clients, both from responsible parties and insurance providers, the Department has frequently been called upon to defend against environmental claims by both governmental and private parties. Recently, the Department was selected to defend a water utility in a lawsuit alleging delivery of contaminated water, to defend a former shareholder of an aerospace concern in an environmental cleanup indemnity action and to handle complex litigation relating to contamination of a major groundwater aquifer in the Los Angeles Basin.
ENVIRONMENTAL & ENERGY TRANSACTIONAL
Much of the Department's transactional work has focused on the transfer of companies and properties or the construction and development of alternative energy facilities, including solar, wind, and geothermal projects. Such efforts have ranged from coordinating the pre-transaction environmental due diligence to crafting the environmental indemnification obligations that will outlive the transaction. The Department has recently provided the legal guidance for the leasing of over two hundred service stations by a major client, developed environmental covenants associated with constructing the nation's largest biofuel manufacturing plant, and performed the transactional work for a major landfill gas-to-energy project. One of the Department's attorneys recently played a key role in coordinating the environmental due diligence associated with the merger between the second and third largest waste management and environmental services companies in the United States. Another attorney in the Department recently performed environmental work for the sale of a portfolio of major electricity generating units powered by wind, geothermal, oil, gas and coal and helped a client secure a loan guarantee for a low-greenhouse gas emitting project through the Department of Energy.
ENVIRONMENTAL & ENERGY REGULATORY
Further highlighting the breadth of the Environmental & Energy Department is its experience with regulatory and compliance counseling. Attorneys in the Group have assisted commercial and industrial clients in achieving compliance with virtually all types of environmental regulations, including those relating to water, air quality, solid and hazardous waste and toxic substances. The Department has advised clients on a wide range of regulatory issues, from developing compliance regimes and environmental management systems to remedying compliance deficiencies. The Department regularly interfaces with regulatory authorities with respect to the negotiation of reasonable abatement and cleanup requirements and the procurement of permits and approvals. Attorneys in the Department have substantial experience working with environmental consultants and managing large-scale remediations.
SUSTAINABILITY & GREEN BUILDING
The Sustainability & Green Building Practice Group is an interdisciplinary team of attorneys from across the Firm’s Departments, and includes two LEED Accredited Professionals (“LEED APs”). This Group has achieved acclaim by working with its client, Fidelity National Financial, and the U.S. Green Building Council to develop a first-of-its kind LEED Project Certification Report, designed to assure stakeholders regarding a project’s LEED project information and certification status. The Group also had a lead role with respect to the development of the City Center in Las Vegas, one of the largest LEED certified projects in the world. The Sustainability and Green Building Practice Group has the expertise and experience to assist clients in navigating the challenges and opportunities presented by environmentally responsible development, including compliance with varying statutory and regulatory green building and zoning requirements; obtaining national, state and local green building tax incentives and rebates; insurance and coverage issues arising from green building obligations; as well as risk management and litigation avoidance.
REPRESENTATIVE PRACTICE AREAS
The Department’s practice extends to all areas of environmental and energy law. The following practice areas highlight some of the Department’s specialized practice areas:
- Contaminated Property and Natural Resources Litigation
- Carbon Finance and Regulation
- Climate Change Law
- Administrative Law and Government Affairs
- Environmental Compliance Counseling
- Environmental Compliance Counseling
- Traditional Energy, including Oil and Gas
- Environmentally Significant Business Transactions
- Environmental Insurance Coverage and Insurance Products Negotiation
- Environmental Planning and Land Use, including NEPA and CEQA
- Water Rights and Quality, including Wetlands
- Natural Resources
- Waste Management
- Environmental Investigation and Remediation
- Toxic Torts
- Air Quality
- Public Utility Regulation
The Environmental & Energy Department has the depth of experience and demonstrated capability to successfully represent clients on the wide array of environmental issues that can impact energy and other commercial endeavors in today’s complex regulatory and legal business climate. The Department is accustomed to handling leading-edge projects and assisting clients in advancing their unique entrepreneurial goals.
Representative Matters: Environmental & Energy
- Advising a Fortune 100 client on the development of an insurance product relating to carbon credits and offsets.
- Advise client concerning the impact of CalGreen – California’s statewide green building standards.
- Advised client in the design and development of the LEED Project Certification Data Report, including advising as to regulatory issues, creating the product, and establishing an information sharing arrangement with the U.S. Green Building Council and the Green Building Certification Institute.
- Represented CityCenter in its green building efforts, which has resulted in the award of six LEED (trademark) Gold certifications.
- Represented various solar energy companies in their solar leasing and power purchasing agreements, as well as advising on the availability of federal and state incentives.
- Representing drum recycling company accused of criminal conduct and exposed to civil statutory penalties in violating environmental laws.
- Representing large hotel developer in resolving air permitting issues for one of the largest hotel developments in the world.
- Represented electronics manufacturer regarding Proposition 65 compliance issues.
- Represented six Alaskan native organizations in negotiation of oil & gas exploration agreements with major international oil companies.
- Represented clients operating natural gas transmission lines in Southern California.
- Represented two regional oil companies in oil and gas operations in California.
- Represented manufacturer of solar energy panels and equipment.
- Purchased beef slaughter house facility in Washington State and negotiated water rights agreements with native American tribal land-owners.
- Represent client in development of large-scale landfill gas-to-energy project geothermal project, and biofuel facility.
- Represent the trust department of a large bank in resolving environmental remediation issues for properties being managed by the bank.
- Represent major bank in foreclosure of environmentally impacted properties, including rendering advice relating to lender liability exemptions, performing environmental remediation, advising regarding release reporting obligations, prosecuting claims against liable parties, negotiating mineral leases, and performing transactional work for sale of properties.
- Represent private equity company in the acquisition of paper mill facilities, including diligence review, analysis of regulatory hurdles to transfer, and impact of preexisting indemnity and other contractual obligations.
- Represent oil company landowner in the leasing of over two hundred service stations, including counseling client relating to end-of-lease compliance obligations, drafting master and site lease agreements, attending to numerous regulatory issues, and negotiating with prospective lessees.
- Successfully represented an oil company in recovering a multi-million dollar settlement based on underpayment of royalties.
- National Wildlife Federation, et al. v. National Marine Fisheries Service, et al. (D. Oregon No. CV01-0640) - represented State Intervenor in long-running Endangered Species Act litigation on the operation of all federal hydropower dams and reservoirs on the Columbia River system and its impacts on endangered salmon and steelhead.
- Center for Biological Diversity, et al. v. U.S Army Corps of Engineers, et al. (D. Montana No. CV03-0029) - represented State Intervenor in Endangered Species Act lawsuit challenging the Biological Opinion covering endangered Kootenai River white sturgeon and the operation of Libby Dam.
- Fishermen Interested in Safe Hydrokinetics v. Federal Energy Regulatory Commission (9th Cir. orig. petition No. 09-72920) - represented coalition of commercial and receational fishermen, environmental groups and small communities in northern California challenging FERC's issuance of an ocean wave energy permit.
- Lucero v. Luster-On Products, Inc. California Superior Court Case No. BC 341 650 (Consolidated with Case No. BC 348 305). Represented defendant in this highly charged toxic tort matter where the cause of the contamination was located across the street from a grammar school.
- Groundwater Cases, represented Huffy, Inc. in complex litigation relating to the San Gabriel Valley Superfund Site, which resulted in the largest superfund settlement in the country at that time.
- Steadfast Insurance Company v. United States of America (C.D. California No. CV06-4686) - litigated large CERCLA cost recovery claim against the Dept. of Defense for perchlorate contamination at a former weapons manufacturing facility.
- Robert Veloz, et al. v. Seventeenth Street Realty, LLC (Superior Court, Orange County No. 33-2009-00292893) - represented former stockholders of corporation suing real estate developer to obtain declaratory relief as to indemnity for cleanup costs associated with developing property in Costa Mesa, California.
- Wells Fargo Bank N.A. v. Vintage Petroleum, LLC Santa Barbara County Superior Court, Case No. 1155864. Represented Occidental Petroleum, Inc. and Vintage Petroleum, LLC in a complex environmental dispute involving alleged cleanup responsibilities of oil companies based on a terminated oil field lease.
- Basin Partners, LLC v. Greka Oil & Gas, Inc. Santa Barbara County Superior Court, Case No. 1171565. Represented Vintage Petroleum, LLC in this complex environmental dispute brought by a Central California landowner against several oil companies, claiming environmental cleanup costs triggered by a lease termination. The case was defended based on statute of limitations and waiver arguments.
- San Gabriel Valley Water Company, et al. v. Aerojet-General Corporation, et al. United States District Court, Central District of California, Case No. CV 02-6346 (and related actions). Representing San Gabriel Valley Water Company in a complex CERCLA cost recovery action. San Gabriel is seeking reimbursement of costs incurred to remediate a drinking water aquifer contained within the South El Monte Operable Unit being managed by the federal Environmental Protection Agency (EPA), and San Gabriel has also been sued by potentially responsible parties who are claiming that the contamination was either imported or spread as a result of pumping activities by San Gabriel and other drinking water suppliers.
- Victor Guerrero, et al. v. California Water Service Company, et al. California Superior Court for Solano County Superior Court, Case No. FCS 034481. Representing Cal Water in this wrongful death action alleging delivery of contaminated drinking water. Plaintiffs are claiming in excess of $50 million in damages. This case presents the latest development of the California Supreme Court's seminal Hartwell decision, in which the Court decided that water utilities regulated by the state public utilities commission were immune from suit in state courts concerning contaminated drinking water absent some showing that the utility violated applicable drinking water standards and regulations. This case involves the application of California’s Domestic Water Quality and Monitoring Regulations as well as federal health regulations pertaining to mandatory public notification when water being supplied contains contaminants.
