Amy E. Gaylord
Amy Gaylord is counsel in the law firm's Environment, Land Use & Natural Resource practice and is located in the San Francisco office. Her practice focuses on environmental litigation, as well as compliance and enforcement. Her litigation practice includes defending property damage and toxic tort claims, including complex federal and state actions pursuant to CERCLA, RCRA, CWA, NEPA, HSAA, CEQA, Prop. 65, California's Water and Health and Safety Codes, as well as common law nuisance, trespass, ultrahazardous liability and other typical environmental common laws. Other significant experience includes: water rights law, including appropriation permitting before the State Water Board; environmental regulation and compliance work, including remediation, closure and permitting of facilities; CEQA litigation and compliance; due diligence and other environmental support for real estate transactions, including work in the Ports of Los Angeles and Long Beach. In addition, she defends clients in administrative, civil and criminal environmental enforcement actions. Ms. Gaylord's compliance practice includes obtaining permits and variances, contaminated site remediation, release reporting, UST regulation/UST Fund claims, hazardous material transportation regulation, and Clean Water Act and Clean Air Act regulation and enforcement.
In addition to her work at Pillsbury, Ms. Gaylord spent two years as in-house environmental counsel for a Fortune 5 company, where she provided a vast array of compliance and regulatory counseling and compliance advice on issues relating to air and water quality, hazardous materials/waste regulation, and water rights. She also managed several complex Superfund sites and hundreds of property damage claims, including litigation matters managed by outside counsel. While in-house, Ms. Gaylord favorably settled dozens of claims by property owners, most without the need for mediation and many prior to commencement of litigation. Ms. Gaylord's in-house practice also involved managing several administrative, civil and criminal enforcement actions at the local, regional and state level. Her practice involved matters in Washington (including matters under Washington's Model Toxics Control Act (MTCA) and the Puget Sound Initiative), Oregon, Arizona and Utah, as well as California.
Ms. Gaylord successfully completed an intensive six-week trial training program conducted by the Los Angeles County Bar Association, after which she was certified as a volunteer deputy City Attorney. During a one-month pro bono leave from Pillsbury, Ms. Gaylord worked full-time at the Los Angeles City Attorney's office and successfully prosecuted three criminal cases as sole trial attorney
- Lead Associate in defense and settlement of multiple property damage cases involving hydrocarbon contamination from onsite and offsite sources
- Lead Associate on a trial team for a successful federal bench trial to obtain permanent injunction of local Air Quality Management District’s rules to limit freight railroad idling (decision upheld on appeal)
- Lead Associate representing the largest water purveyor in Orange County at administrative evidentiary hearing before State Water Resources Control Board successfully obtaining significant permit to appropriate from a previously "fully adjudicated" river.
- Lead Associate in a successful two week contractual arbitration over environmental release provisions of a settlement with insurer, which turned on the interpretation of and distinction between CERCLA and nuisance claims
- Lead Associate successfully drafting and arguing a motion for summary adjudication of claims against service station owner based on petroleum exclusion in California Health & Safety Code’s Carpenter-Presley-Tanner Hazardous Substances Account Act
- Lead Associate in preparation of a foundation for the successful exclusion of inadequately founded opinion of opposing environmental expert in a case over purported petroleum release from service station underground storage tanks
- Defense of property damage and personal injury/toxic tort claims against a large circuit board manufacturer premised on the release and migration of volatile organic compounds in groundwater
Environmental Section Executive Committee, California State Bar
Los Angeles County Bar Association Trial Advocacy Program ("TAP") - Los Angeles, California
Participant / Volunteer TAP Attorney, Fall 2004/Spring 2005