Gregory Trimarche is an environmental and energy attorney with a particular focus on regulatory and government affairs issues relating to energy and "clean technology" matters. Gregory represents many clients that are part of the "clean tech" industry, including but not limited to solar and wind power facility developers, biofuel companies, alternative fuel vehicle manufacturers, and a wide range of other clients involved in energy facility siting and permitting, "smart grid," and other energy and resource conservation matters. Among other things, he has assisted clean tech clients in their efforts to obtain "stimulus" grants, tax credits, and other government incentives under the American Recovery and Reinvestment Act ("ARRA") and other government programs. Gregory is a co-founder and currently serves as Chair of Clean Tech OC, a nonprofit trade association serving the clean tech industry in Orange County, California.
Over the course of his career in environmental law, Gregory has represented parties in a wide range of regulatory compliance and environmental enforcement matters under the federal Clean Air Act, Clean Water Act, CERCLA, RCRA and TSCA, and state law equivalents, including but not limited to California's "Proposition 65" law, Water Code, and Hazardous Waste Control Law. He also has land use experience, including litigation and compliance under the California Environmental Quality Act (CEQA). In addition, he has gained national recognition with his environmental practice in the "Brownfield" area - the cleanup, transfer, and redevelopment of contaminated properties - with clients including some of the largest Brownfield developers, homebuilders, commercial developers, and commercial/industrial property owners in California. Gregory is co-author of one of the first authoritative treatises on the Brownfield industry Brownfields: A Practical Guide to the Cleanup, Transfer, and Redevelopment of Contaminated Properties, Argent Communications, 1997. As former chair of the State Bar of California's Environmental Law Section, he is a frequent lecturer at government, bar association, and industry conferences throughout the western U.S.
Gregory also has a broad commercial litigation practice, including numerous jury trials, bench trials, arbitrations, and administrative proceedings involving environmental, energy, real estate, and corporate and finance matters; trade secrets and other intellectual property and technology-related matters; e-commerce, online publishing and other internet-related matters; and a variety of other commercial disputes.
Areas of Concentration
· Clean technology
· Alternative energy
· Climate change
· Government affairs
· Regulatory matters
· Brownfield projects
· Environmental aspects of business transactions, including mergers and acquisitions, financing, and facility siting
· Environmental regulatory compliance and enforcement under all significant federal, state and local environmental statutes and regulations
· Complex business litigation
- Environmental cost recovery
- Corporate and partnership dissolution and breach of fiduciary duty
- E-commerce, online publishing, and other internet-related matters
- Real estate and land use matters
- Trade secret protection and unfair trade practices
- Patent, trademark and copyright infringement
- Probate, trust and estate disputes
- Insurance coverage
Significant Representations
Energy and Clean Technology
· Represented developer of waste to energy power plants in California in facility siting and permitting matters, including air quality, and other environmental and energy regulatory issues.
· Represented developers of natural gas and solar power plants in California in facility siting and permitting matters, including interconnect, air quality, and other environmental and energy regulatory issues.
· Represented of wind power developer in all aspects of wind power development projects throughout the southwestern U.S.
· Represented biofuel company in efforts to obtain "stimulus" (ARRA) grants for biofuel research and development projects.
· Represented electric truck manufacturer in government affairs and regulatory matters.
· Represented purveyor of "next generation" high efficiency carbon composite electric transmission lines.
Environmental Litigation
· Represented alleged potentially responsible party ("PRP") in CERCLA action concerning Burbank operable unit of San Fernando Valley Superfund Site.
· Represented alleged PRP (former operator) in litigation concerning PCE contamination of shopping center in San Fernando Valley from dry cleaning facility.
· Represented oil refinery in Paramount, California, in state court nuisance and trespass action brought by next-door neighbor.
· Represented property owner in CERCLA litigation concerning cleanup of former oil field in Santa Fe Springs, California.
· Published decision in the seminal case of Nixon-Egli Equipment Co. v. John A. Alexander Co., 949 F. Supp. 1435 (C.D. Cal. 1997), concerning CERCLA's petroleum exclusion and RCRA's "imminent and substantial endangerment" citizen suit provision (chronicled in the 1997 article, "Petroleum Waste Sites Revisited: Oiling the Gears of the CERCLA/RCRA Suit," published in the Environmental Law Institute's Environmental Law Reporter News & Analysis).
· Represented alleged PRP (aerospace company) in Glendale operable unit of San Fernando Valley Superfund Site.
· Represented alleged PRP (machine shop/aerospace supplier) in Baldwin Park operable unit of San Gabriel Valley Superfund Site.
· Represented alleged PRP (manufacturer) in El Monte operable unit of San Fernando Valley Superfund Site.
· Represented alleged PRP (manufacturer) in South El Monte operable unit of San Gabriel Valley Superfund Site.
· Represented alleged PRP (oil company) in CERCLA action concerning cleanup of WDI Superfund Site in Los Angeles.
· Represented alleged PRP (boat yard operator) in CERCLA litigation concerning heavy metal contamination of sediments in Port of Los Angeles.
· Represented alleged PRP (property owner) of former hazardous waste landfill in Huntington Beach, California.
· Represented property owner in litigation concerning PCE contamination of shopping center in Los Angeles from dry cleaning facility.
Real Estate Litigation
· Litigated a five-week jury trial against an oil company for breach of the warranty and indemnity provisions in a sale agreement and escrow instructions.
· Represented Standard Pacific Homes in all aspects of environmental investigation, cleanup, and risk management in their acquisition and redevelopment of urban properties.
· Represented Invesco Realty Advisors in all aspects of environmental risk management in their national acquisition, disposition and management of real estate assets for pension funds.
Other Business Litigation
· Handled a wide range of complex commercial litigation, including numerous "dotcom downturn" disputes, breaches of fiduciary duty, corporate, partnership and LLC dissolutions, and one of the first online defamation cases in California.
Professional & Community Involvement
· Chair and Co-Founder, CleanTech OC (2010-Present)
· Board of Directors, OCTANe (2011)
· Board of Trustees, Laguna Art Museum (2005-2010)
· Member, Executive Committee of the Urban Land Institute, Orange County District Council (2004-2009)
· Member, Honorary Land Economics Society, Lambda Alpha International (2007-2009)
· Member, CAL-EPA Brownfield Task Force Committee (2002-2004)
· Chair, Los Angeles County Bar Association, Environmental Law Section (2002-2003)
- Member, Executive Committee (1995-2003)
· Chair, State Bar of California, Environmental Law Section (2001-2002)
- Member, Executive Committee (1997-2002)
Awards & Recognition
· Listed, Southern California Super Lawyers (2003-2011)
Articles, Publications, & Lectures
Articles
· Author, "Contaminated Property Redevelopment is a Viable Option for Housing in O.C.," Orange County Business Journal, August 2005
· Author, "Brownfield Redevelopment Eases Housing Shortage, but Regulatory Changes Complicate the Process," Builder and Developer, June 2005
· Author, "CERCLA's New Prospective Purchaser Defense," Hazardous Waste Litigation Reporter, December 2002
· Author, "New Incentives Can Turn Contaminated Properties into Goldmines," Los Angeles Business Journal, November 2001
· Author, "New Incentives Shed Light on Brownfields," Los Angeles Business Journal, November 2001
· Author, "Recycling Brownfields: Cleaning Up in Real Estate," California Real Estate Journal, August 2001
· Co-Author, "What is the Scope of an Insurer's Duty to Defend?" Environmental Liability, Enforcement & Penalties Reporter, November 1997
· Author, "Petroleum Waste Sites Revisited: Oiling the Gears of the CERCLA/RCRA Suit," ELR News & Analysis, April 1997
· Author, "Insurance Coverage for Environmental Liabilities," California Land Use Law and Policy Reporter, February 1996
Books
· Co-Author, Brownfields: A Practical Guide to the Cleanup, Transfer, and Redevelopment of Contaminated Properties, Argent Communications, 1997
Lectures
· Moderator, "Utility Scale Renewable Energy Projects in California," VerdeXchange Conference VX2012, Los Angeles, CA, January 22-24, 2012
· Program Chair and Opening Remarks, CleanTech OC 2011 Conference and Expo, CleanTech OC Irvine Regency, Irvine, CA, September 12, 2011
· Speaker/Moderator, "Clean Tech Finance," VC in the OC, OCTANe, Irvine Hyatt Regency, Irvine, CA, May 24, 2011
· Program Chair, "The Plug-in Electric Revolution: Are We Ready?" CleanTech OC, UC Irvine, CA, May 11, 2011
· Speaker, "Global Impact and Collaboration - Report from Clean Tech Trade Associations," Governor's Global Climate Summit 3, UC Davis Mondavi Center, Davis, CA, November 16, 2010
· Program Chair, CleanTech OC 2010 Conference and Expo, CleanTech OC Irvine Regency, Irvine, CA, September 27, 2010
· Speaker and Program Chair, "Contaminated Sites: Cleanup Standards, Redevelopment, and Cost Recovery," State Bar Environmental Law Section, Third Annual Spring Roundtables, San Diego, CA, June 1998