Representative Experience

  • Represented Teck Metals Ltd. in developing and successfully negotiating what has been called a “historic” transnational agreement with the U.S. EPA and the U.S. Department of Justice.
  • Won a unanimous decision from the U.S. Court of Appeals for the DC Circuit in a challenge to EPA’s stringent new standards regarding permissible air emission levels when incinerating sewage sludge.
  • Advising San Francisco Bay Area Rapid Transit District (BART) on major infrastructure projects including the expansion of the Hayward Maintenance Complex, its Core Capacity and Operation Control Center, and its light rail extensions to San Francisco and Oakland airports, Warm Springs, Antioch and Livermore. 

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  • Advisory Services
    • Compliance Matters
    • Serving as primary outside counsel to Fortune 100 companies for 30 years, advising on all aspects of environmental law and designing compliance programs.
    • Representing Costco Wholesale Corporation in environmental regulatory compliance, enforcement and permitting matters for all Costco facilities in California before federal and state environmental agencies.
    • Environmental Impact Review
    • Representing Western States Petroleum Association and other producer trade associations in developing a new streamlined permit process and comprehensive environmental impact report for oil and gas production in Kern County (source of 80 percent of California’s production).
    • Serving as counsel to the San Francisco BART District since its formation, advising on the environmental review of each of its major infrastructure expansion projects worth nearly $6 billion.
    • Public Policy and Climate Change
    • Representing Western States Petroleum Association as its general counsel, advising on all environmental, public policy and climate change issues affecting the oil and gas industry in the Western U.S.
    • Representing trade associations with respect to litigation and implementing issues for the federal Clean Power Plan.
    • Regulatory
    • Advised WSPA regarding (i) California Air Resources Board’s ongoing implementation of AB 32 (greenhouse gas reduction) (ii) Division of Oil, Gas & Geothermal Resources’ implementation of SB 4 (relating to well stimulation treatment) and California’s implementation of the landmark Sustainable Groundwater Management Act.
  • Environmental Audits and Investigations
    • Evaluating the strength of our clients’ environmental, health and safety culture and implementing recommendations regarding corporate oversight of their performance.
    • Assisting clients in performing Remedial Investigation/Feasibility Studies (RI/FS) under CERCLA, establishing a first-of-its-kind fund to help bridge economic gaps during transaction from operations through remediation and closure.
  • Internal Investigations and Compliance Support
    • Conducted internal investigations of and provided compliance support regarding environmental and safety management systems following hazardous substance releases, fires, transportation failures, and other accidents or events.
  • Whistleblower Allegations
    • Investigated whistleblower complaints and represented clients in government investigations of such complaints.
  • Environmental Cleanup
    • Defended Moex regarding the Deepwater Horizon oil spill and developed and implemented a global strategy for managing all liabilities stemming from this incident.
  • Environmental Permitting
    • Handling half of all current applications to the Nuclear Regulatory Commission, covering all aspects of nuclear power generation licensing and nuclear power plant siting.
    • Serving as lead counsel to a major Southwestern U.S. water district for 20+ years and secured landmark water rights permit.
    • Secured one of the first RCRA Part B permits for a hazardous waste incinerator in the United States and successfully defended an appeal of the permit.
    • Advising a major transportation company on significant permitting, compliance, environmental review and enforcement issues associated with construction and maintenance of a multistate transportation system, including emergency response to infrastructure damaged by natural disasters.
  • Natural Resources
    • Advising the oil and gas industry regarding California’s implementation of the Sustainable Groundwater Management Act and regulations in the context of existing regulation of oil and gas operations.
    • Assisted a railroad in obtaining emergency and long-term CWA approvals to repair the damaged Great Salt Lake causeway, satisfy complex mitigation requirements and ensure safe operation of major East-West rail line.
    • Advised a California forest products company in obtaining and defending federal and state ESA, water quality and forest management approvals protecting the northern spotted owl, Pacific salmon, aquatic species, sensitive watersheds and forest productivity.
    • Represented dam and hydropower facility operators in Endangered Species Act and Clean Water Act challenges to existence and operation of dams on rivers and creeks occupied by ESA-listed species.
    • Assisted a renewable energy company in addressing impacts to protected species and other environmental issues during development and implementation of wind projects on private and public land.
    • Helped a mining company resolve California Regional Water Board enforcement action attempting to impose an infeasible amendment of ongoing gold mine closure plan and water quality permit.
    • Advised a nonprofit conservancy managing conservation lands on easement, endangered species, wetland and other environmental issues.
  • Litigation and Enforcement
    • Air Emissions
    • Won a unanimous decision from the U.S. Court of Appeals for the DC Circuit in a challenge to EPA’s stringent new standards regarding permissible air emission levels when incinerating sewage sludge.
    • Energy
    • Represented Valero Energy in a legal challenge to the Bay Area Air Quality Management District’s (BAAQMD) denial of tens of millions of dollars in emission reduction credits (ERCs) from about $750 million in facility upgrades undertaken as part of the Valero Improvement Project.
    • Representing PBF Energy on environmental, health and safety compliance and enforcement matters related to its newly acquired Torrance Refinery, responsible for 10 percent of the refining capacity in California. PBF’s acquisition represents more than a half-billion-dollar investment in the West Coast refining industry, and the most significant new entrant into the West Coast refining market in a quarter-century.
    • Won a denial of plaintiffs’ preliminary injunction request seeking shutdown of thousands of California’s oil wells based on alleged contamination risk. This win helped preserve access to California’s energy supply and avoided billions in costs.
    • Real Estate & Construction
    • Representing a leading national construction materials and services corporation in environmental regulatory and enforcement matters related to its facilities nationwide.
    • Protected conservation easement and won a damages award of 3.5 times court-determined restoration costs plus $300,000 in attorneys’ fees.
    • Transportation and Industrial
    • Defeated a novel attempt by environmental organizations to expand scope of federal environmental laws to claim locomotive diesel emissions at a client-operated rail yard violated RCRA, a solid waste statute.
    • Advised a railroad on an EPA Clean Water Act enforcement action stemming from emergency repairs to flood damage in the Desert Southwest, and on developing an HCP to protect endangered species.
    • Defended California eucalyptus fiber plantation against EPA enforcement action alleging destruction of vernal pools and obtained ESA and CWA approvals of mitigation plan for vernal pool fairy shrimp.
  • Litigation and Counseling
    • Representing Whittaker Corporation in Federal CERCLA litigation over the liability and allocation of response costs to the United States of America resulting from its defense contracting activities over the past 50 years with Whittaker Corporation and its predecessors.
    • Representing the Association of American Railroads and principal members (Union Pacific Railroad and Burlington Northern Santa Fe Railway) on all air quality, climate change and similar matters affecting industry in California, Oregon and Washington state.
    • Representing a client in a CERCLA investigation regarding the Mammoth Mill site by the U.S. Forest Service.
  • Law, Policy and Advocacy
    • Led first successful challenge to EPA’s national ambient air quality standards for particulate matter before the U.S. Court of Appeals for the DC Circuit and played leading role in challenging ozone standards for consortium representing nearly and entire U.S. industry.
    • Working with the scrap metal recycling industry and the California Department of Toxic Substances Control to develop a comprehensive new regulatory framework to achieve regulatory certainty and promote economic stability for the industry.

Practice Area Highlights

  • Pillsbury’s Environmental practice ranked by Chambers USA in the National (2009-2023), California and Washington, DC, categories (2004-2023).
  • Recognized by The Legal 500 U.S. for excellence in Environmental Litigation (2016-2023) and Environmental Regulatory (2019-2023).
  • Achieved U.S. News – Best Lawyers’ Tier 1 national Environmental Law and Environmental Litigation rankings; nationally ranked for Land Use and Zoning Law; and nationally ranked for Natural Resources Law (2024).

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