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DWT
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Environmental & Natural Resources

Agriculture

Agricultural contracts for lawn and garden supply company

Developed grass seed supply contracts for lawn and garden supply company. (2011)

Land use appeal

Successfully challenged county destination resort eligibility designations before the Land Use Board of Appeals on behalf of large ranchland owners. (2011)

Air

Air emissions issues for various companies

Advises clients in the seafood processing and cruise line industries on environmental permitting, including air emissions. (Ongoing)

Air quality regulatory compliance for national auto parts supplier

Advising a national auto parts and equipment supplier on compliance with VOC emissions regulations at the Air Resources Board. (Ongoing)

Clean Air Act litigation for utility company*

Represented a California utility in successfully defending a Clean Air Act settlement with the US against a challenge by a citizen’s group. (2012)

Air district hearings for Shell Oil Company

Represented Shell Oil's Los Angeles refinery in various hearings and an abatement order proceeding before the South Coast Air Quality Management District. (2009)

Environmental enforcement and compliance for petroleum terminal and storage facility

Represented a large oil refiner at its terminal in Martinez, Calif., before the Bay Area Air Quality Management District (BAAQMD). Negotiated settlement of alleged violations of permit conditions and BAAQMD regulations. Representation included obtaining written authorization to operate while resolution was pending. (2009)

Environmental claim for MCM Corp.*

Defended a large bridge construction company against claims by state attorney general and district attorneys alleging violations of portable equipment permitting rules and regulations. (2008)

Environmental compliance for biomass facilities*

Represented multiple biomass facilities in permitting and compliance issues with air districts, water boards and DTSC. (2008)

Citizen suits

Citizen suits for Skyline Electric, and Green Creek Wood Products

Defense of Clean Water Act citizen suit alleging stormwater violations. (Ongoing)

Clean Water Act/RCRA defense for NextG Networks of California, Inc. and a national provider of broadband services

Represented telecommunications companies in citizen suit litigation alleging violations of CWA and RCRA from chemically treated utility poles. (2010)

Enforcement/Criminal

Environmental enforcement for Fortune 100 company

Assisted Fortune 100 company in responding to alleged violations and resolution of claims involving hazardous waste and air emissions, and water quality regulations. (2008)

Environmental Insurance

Environmental audit and insurance coverage for oil and chemical company

Assisting an oil and chemical company in its investigation and remediation of contamination after having helped it obtain insurance coverage for solvent contamination where no coverage had been found by previous counsel. (Ongoing)

Environmental insurance coverage for national bank trustee

Representing trust and trustee in connection with contaminated property remediation and obtained insurance coverage for environmental work. (Ongoing)

NEPA

California Environmental Quality Act (CEQA) counsel for the California Independent System Operator (CAISO)

Representing before the California Public Utilities Commission (CPUC), defending claims on CEQA issues in transmission line proceeding. (Ongoing)

CEQA counsel for Clearwire Corporation

Defended wireless company and permitting agency in CEQA litigation arising out of tower site location. (2009)

CEQA counsel for NextG Networks of California

Representing wireless telecommunications carrier in PUC proceedings relating to environmental assessment and approval for system in Huntington Beach, Calif. The work includes coordinating PUC staff and counsel, environmental consultants, city attorneys, public comment, and telecommunications counsel. (Ongoing)

CEQA counsel for Clearwire Corporation

Advising wireless company on CEQA compliance for site locations in multiple southern California cities. (Ongoing)

CEQA counsel for Shell Wind*

Represented in CEQA process, ushering project through permitting process with county and interfacing with consultants and community. (2008)

CEQA litigation for Sacramento Municipal Utility District (SMUD)*

Represented in CEQA litigation filed by City of Folsom regarding the adequacy of environmental impact analysis relating to above-ground power lines. (2007)

Transactions

Environmental due diligence in acquisition for Liberty Utilities (CalPeco Electric) and related entities

Handled environmental due diligence, permit issues and negotiation of consent decrees for acquisition of independent power producer's generation station, 12 substations and related transmission facilities in Lake Tahoe area of California. Managing ongoing post-closing environmental compliance and transfer issues. (Ongoing)

Mergers & acquisitions for Calpine Corporation

Represented in purchase of electricity generating plant in PG&E's power plant divestiture transactions in California and handled subsequent acquisitions, refinancings and sales. Also advising on ongoing environmental compliance. (Ongoing)

Environmental due diligence and negotiation for Orion Power*

Handled environmental due diligence, permit issues and negotiation of consent decrees for acquisition of three natural gas-fired electricity generating plants in New York City. (2009)

Environmental due diligence in plant acquisition for Huy Fong Foods

Handled environmental due diligence, reviewed and revised environmental reports, and negotiated final agreements with agencies. (2009)

Project financing for EIF Renewables and related companies*

Handled environmental due diligence, permit issues and negotiation of environmental indemnifications for acquisition and financing of 12 landfill gas-to-energy projects in New York and Vermont. (2008)

Sale of real estate for Ayakulik Inc.

Sale of timberlands by Ayakulik Inc. to the American Land Conservancy and the Rocky Mountain Elk Foundation for preservation of the lands. (2006)
* Denotes experience completed at a prior firm