Steven H. Goldberg

Environmental Litigation (Representative Matters)

Santa Barbara Oil Spill  (U.S. District Court of California, Central District)

• Led the environmental legal team in response to the Refugio Beach Oil Spill in Santa Barbara, California. The spill involved multiple federal, state, and local agencies, dozens of contractors and consultants during the emergency response and subsequent natural resource damage investigation. Worked with the Unified Command for several months on the response and subsequent clean up and supported the client in its negotiations to resolve the natural resource damage (NRDA) claims and other enforcement actions with the U.S. Department of Justice, the California Attorney General’s office, and 11 different federal and state agencies, including USEPA, the United States Departments of Transportation, Commerce, and Interior, and the California Department of Fish & Wildlife. The matter resolved following an extensive settlement and mediation process and resulted in a Consent Decree.

San Diego Harbor Litigation and Sediment Remediation

• Regulatory and litigation counsel to a multinational defense contractor that operates at a shipyard in San Diego Harbor in a $70 million dollar clean up. The matter involved parallel administrative and federal court proceedings, including CERCLA cost recovery and allocation litigation, insurance disputes, and extensive mediation. The administrative proceedings involve a Clean Up and Abatement Order (CAO) for the largest proposed sediment remediation project in the San Diego Bay, and the first site where the Regional Board required an Environmental Impact Report. Some settlements were negotiated in multiple settlement conferences with the U.S. Magistrate Judge and court-appointed mediator. Motions to approve settlements are currently pending before the U.S. District Court for the Southern District of California.

IT Landfill Sites Litigation (U.S. District Court for the Eastern and Northern Districts of California)

• Worked with large defense group and common counsel to settle litigation involving multiple landfill sites filed by the California Department of Toxic Substances. The case involved RCRA and CERCLA claims and recently resolved with cash out and participating parties. Consent Decrees are pending approval by the Magistrate District Court judge.

State of California v. N.L. Industries [Exide Battery Site] (U.S. District Court of California, Central District)

• Led the defense and ultimate dismissal of a large property development client against contribution claims under CERCLA filed by a large smelter facility (Exide battery site) for the costs of lead clean up incurred by the California DTSC for the remediation of residential properties in southern Los Angeles.

Cooper Industries Superfund Site Litigation (U.S. District Court of California- Central District)

• Defended owner and operator of metals recycling facility in multiparty CERCLA action involving the Cooper Industries Superfund Site in Los Angeles. The matter involved defense of a cost recovery action for a $40 million clean up. The matter settled in mediation and resulted in a Consent Decree.

Expert Witness in CERCLA Litigation/Insurance Dispute 

• Provided testimony in arbitration in a coverage dispute between a responsible party and insurers in a CERCLA action regarding reasonable and necessary defense costs.

Crude Oil Rail Terminal Litigation

• Led the environmental defense team in an action filed by multiple environmental groups against the permitting and operation of a crude oil terminal entirely dependent on railroad deliveries. The matter included trial and appellate actions, including challenges under CEQA, preemption and air quality permits issued by the San Joaquin Valley Air Pollution Control District, and a related dispute with U.S. EPA Region IX.

Bulk Oil Storage Facility Litigation (U.S. District Court of California-Southern District)

• Recently obtained summary judgment and dismissal of a complaint for $350 million in damages against a Fortune 200 client that operates a large petroleum storage facility. The action involved a $60 million clean up of MTBE and other petroleum product contamination by the client under the supervision of the California Regional Water Quality Control Board. The property owners claimed damages for the alleged loss of water resources and lost use of redevelopment profits. The court found no evidence of damages. The plaintiffs appealed to the Ninth Circuit. Appellate briefs have been filed and the appeal is pending.

Perchlorate Contamination and Related Litigation, San Bernardino and Riverside Counties

• Lead environmental counsel for a fireworks company at a U.S. EPA Superfund site involving perchlorate and solvent contamination. Multiple federal and state court actions were litigated in the U.S. District Court for the Central District of California and Los Angeles County Superior Court. The action involved 25 potentially responsible parties, including defense contractors, property owners, several water purveyors and municipalities, and the U.S. Department of Defense. Alleged clean-up costs are in the $100 million range. The federal litigation was resolved through court approval of multiple Consent Decrees. Court proceedings involved appeals to the Ninth Circuit and U.S. Supreme Court. A parallel state court action claiming contamination and resulting damages to the City of Riverside’s water supply wells is still pending in Los Angeles County.

Dry Cleaning Facilities and Shopping Center Contamination

• Steven has been lead counsel on the clean up of dry cleaning facilities in many cities throughout California’s Central Valley. Frequently, the matters have involved litigation in federal and state court, including actions by the Cities of Lodi, Davis, Woodland, and Chico.  Steven has handled cases for plaintiffs and defendants, including property and shopping center owners, real estate corporations, and public entities throughout the Central Valley of California. All matters involve working with governmental agencies.

Bulk Oil Storage Terminals Site, Yolo County

• Steven represented a Fortune 200 petroleum corporation at numerous facilities in California. He is handling a multi-party investigation and remediation of petroleum components MTBE (additive), and BTEX in soil and groundwater at a large bulk oil storage terminal and service station site in Central California. Steven assembled a team of technical and public relations experts to advise the client on regulatory compliance, UST Fund issues, community relations, and remediation strategies. He successfully negotiated a cash-out agreement for the client with another PRP that includes a remediation management agreement. Steven worked with the client to develop one of the first Public Participation Plans approved by the Regional Water Quality Control Board.

Landfill Litigation

• Lead environmental counsel for publicly traded waste management company in defending a state court action regarding closure of a landfill in Northern California, including writs before the Courts of Appeal.
• Handled a CERCLA cost recovery and RCRA action for a national alternative energy company involving the disposal of waste from geothermal energy plants to a landfill in Imperial County. The litigation was favorably settled with the landfill owners and operators after expert presentations and settlement conferences with the U.S. Magistrate Judge.

Enforcement/Clean Water Act/Natural Resource Damage Claims

• Steven has defended civil enforcement actions brought by NGOs, state and federal government agencies, and district attorneys on numerous matters involving alleged violations of federal and state laws regulating hazardous substances and wastes. He led the environmental defense team in parallel state and federal enforcement actions involving the release of thousands of barrels of oil from an oil pipeline in the Los Angeles Region. The matter involved claims under the federal Clean Water Act and California Fish & Game Code 5650, and the Unfair Competition Statute (Business & Professions Code sec. 17200). The actions settled with the U.S. Environmental Protection Agency and the California Department of Fish & Wildlife. Steven has also worked closely with white collar criminal defense counsel on various environmental enforcement actions involving disposal of asbestos, pesticides, petroleum wastes, solvents, and other hazardous materials and wastes.

Proposition 65 Litigation

• Led the defense of clients in various lawsuits filed under California’s Proposition 65 statute for failures to warn and the alleged unlawful discharge to drinking water. Successfully defended the discharge actions, which resulted in dismissal of the Proposition 65 action.

Environmental Remediation & Compliance (Representative Matters)

Defense Contractor, Northern California Superfund Site

• Outside environmental counsel to major defense industry contractor regarding Superfund and other environmental issues at the federal and state level, including U.S. EPA Region IX, the California Department of Toxic Substances, and the Regional Water Quality Control Board-Central Valley Region.

Pharmaceutical Manufacturer, California, Texas, Virginia

• Lead counsel to pharmaceutical manufacturing company with facilities in California, Texas, and Virginia, including defense of related enforcement actions by federal, state, and local agencies.

Ammonia Storage and Distribution Facilities

• Lead environmental counsel to the largest ammonia corporation in California, including compliance related to the client’s Risk Management Program, Process Hazard Assessment and emergency response issues under the Clean Air Act, EPCRA, and the CalARP program and related handling of enforcement-related matters with U.S. EPA Region IX.

Forest Products Company, Northern California Superfund Site

• Represented one of the largest privately held forest products companies on the West Coast, which owned 900 acres at and adjacent to the J.H. Baxter Superfund Site. Handled administrative proceedings and negotiations on allocation issues and negotiated with EPA Region IX concerning the RI/FS, and the Record of Decision. Resolved various over-filing issues with the State of California, including permit issues that arose during the implementation of the remedy with the Regional Water Quality Control Board. Obtained a technical impracticability waiver from EPA that substantially limited the scope of the remedy and reduced costs. Successfully resolved EPA’s multi-million dollar claim for past costs in the first mediation with EPA Region IX’s Superfund Program.

Oil Recycling Site, Central California

• Successfully completed a $10 million clean up at an abandoned used oil recycling facility under a Unilateral Administrative Order issued by the EPA. Met all removal deadlines, and managed NCP compliance and community relations with the EPA.  Identified hundreds of additional responsible parties (including federal agencies) and allocated millions of gallons of waste volume not previously identified by the EPA. Substantially expanded the parties named to the Order, collected millions of dollars from other PRPs, and negotiated a final settlement with EPA on behalf of all settling PRPs.

National Publisher

• Environmental counsel for publicly traded national publisher with facilities in multiple states handling legacy liabilities, permitting, compliance, toxic tort and UST matters.

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I enjoy spending time with my family, travelling, attending live theatre and other arts performances and going to baseball games.

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Professional, Community And Pro Bono Involvement

• California Bar Foundation; Vice President, Board Member, 2017
• Leonard M. Friedman Bar Association
• American Bar Association, Subcommittee on Environmental Litigation
• Sacramento County Bar Association, Environmental Law Section
• California Lawyers Association, Environmental Law Section
• Groundwater Resources Association
• Appointee (2011-present) Contemporary Groundwater Issues Council of California; sponsored by the Groundwater Resources Association of California
• Sacramento Theatre Company Foundation, Board of Trustees
• California Independent Oil Marketers Association (CIOMA)
• Former State Water Board Appointee, representing owners/operators of underground storage tanks on a 15 member State Water Resources Control Board Task Force on the Underground Storage Tank Clean Up Fund
• Former Professional Staff Member for California State Senate Majority Leader’s Office; Staff Assistant for the U.S. House of Representatives Energy and Commerce Subcommittee handling RCRA, CERCLA and transportation issues
• Congregation B’nai Israel; Past President, Board of Trustees; Capital Campaign, Co-Chair
• Sacramento Theatre Company Board of Trustees, Past Vice-President
• California Environmental Law and Remediation Reporter, Former Editorial Board and Contributing Editor

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Honors & Rankings

• Best Lawyers^® 2024 Environmental Litigation “Lawyer of the Year” in Sacramento
• Best Lawyers in America^©, Litigation-Environmental, 2021-2024
• Best Lawyers in America^©, Environmental Law, 2023-2024
• Super Lawyers, Northern California Super Lawyer, Environmental Litigation, 2006-2023
• Sacramento Magazine, Top Lawyer, Environmental, Energy & Natural Resources, 2015-2023
• Sacramento Business Journal, Best of the Bar, 2015-2017, 2019
• Who’s Who Legal, Leading Environmental Lawyer, 2014, 2022
• Expert Guides, Leading Environmental Lawyer, 2018