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Nicole R. GleasonPartner621 Capitol Mall |
Areas of Law:Environmental, Environmental Compliance & Litigation |
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Admitted to Practice in:California |
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Nicole Gleason has been at the forefront of helping companies address issues involving contaminated properties for over ten years. She has helped those companies successfully wade through complicated enforcement issues and move forward with their business goals. As a result of her experience in this arena, Nicole received an appointment to the Executive Committee of the California State Bar's Real Property Law Section (RPLS) following her work as the co-chair of the Environmental subsection of the Real Property Law Section. Another key appointment precedes her work on the Real Property Law Section’s Executive Committee—the State Water Resources Control Board's Underground Storage Tank Cleanup Fund Task Force. In that role, she represented the interests of tank owners and operators. Her work with the Task Force most recently led to her appointment on the Fund's Advisory Group. Nicole's practice focuses on environmental agency enforcement actions, cost recovery litigation, and assisting clients manage liabilities associated with real estate transactions involving contaminated properties. Experience
Dry Cleaners and Gas Stations. Represent numerous property owners with respect to releases from dry cleaner and service station tenants including cost recovery litigation, lease disputes, insurance claim disputes, regulatory enforcement directives and orders, lender requirements, prospective buyer and tenant disclosures and management of concerns regarding indoor air health risks. Industrial and Manufacturing Facilities. Assist clients with contamination arising from rail yards, wood treatment facilities, canneries, pipeline systems, instant coffee manufacturing, industrial laundry facilities, refineries, military bases, maintenance shops and hydraulic tools/equipment manufacturing. DTSC Regulatory Actions. Negotiate appropriate scope of Imminent and Substantial Endangerment Orders, investigation and remediation activities, liens and access to state funds. Regional Board Regulatory Actions. Represent clients in connection with investigation orders and cleanup and abatement orders issued by the various Regional Water Quality Control Boards, as well as in connection with voluntary cleanups, and obtain access to state funds. Expert Witness. Served as an expert witness concerning site remediation and recovery from the Underground Storage Tank Cleanup Fund. Brownfields Acquisition. Represent buyers and sellers of Brownfields properties, appropriate scope of due diligence, procurement of environmental insurance policies and response to regulatory agency directives and orders. UST Cleanup Fund. Represent numerous clients in appealing eligibility and reimbursement decisions from the Underground Storage Tank Cleanup Fund and assisted clients with complex “on behalf of” agreements and assignment/indemnity agreements. Downgradient Property Owners. Represent numerous owners of properties located adjacent to contaminated sites regarding impairment of property value, possible health risks and appropriate scope of investigation, remediation and monitoring of contamination. Advise clients regarding possible causes of action as well as negotiate access agreements, tolling agreements and settlement agreements. Environmental Insurance. Represent purchasers of contaminated properties in negotiations with insurance companies in order to obtain environmental liability insurance policies; Negotiate agreements with insurance companies to obtain coverage under existing, historic policies. Asbestos. Advise clients regarding asbestos surveying, notice, abatement and disposal regulations as well as due diligence and property transfer disclosures. Cost Recovery Litigation. Serve as common counsel to private parties negotiating settlement of response costs at Superfund site. Real Property Transactions. Negotiate and draft purchase and sale agreements and option agreements for commercial, industrial and agricultural properties. Represent landowners in a major expansion of a retail outlet within a large shopping center. Negotiate and draft amendments to restrictive easement agreements and retail leases. MEMBERSHIPSState Bar of California, Real Property Law Section, Executive Committee Member State Bar of California, Environmental Law Section, Member Association of Commercial Real Estate (ACRE), Member Davis Chamber of Commerce, Member Sacramento County Bar Association, Environmental and Real Property Sections, Member Commercial Real Estate Women (CREW), Member National Brownfield Association, California Chapter, Member; California Program Planning Committee, Member
AWARDSSelected to the Northern California Rising Stars list, Super Lawyers, 2009 and 2011 PRESENTATIONSState Bar of California, 30th Annual Real Property Retreat, "Clean up your Act! The Latest Developments in Contaminated Properties Liability," 2011, Panelist State Bar of California, Webinar, "2002 Bona Fide Prospective Purchaser Defense," July 2011, Co-presenter Association of Commercial Real Estate, “Dirty Dirt and Your Deal (aka Environmental Concerns in Real Estate Transactions),” 2007, Presenter Downey Brand LLP, “Environmental Due Diligence – All Appropriate Inquiries Update,” 2007, Presenter Lorman Education Services, “Petroleum Tanks: Installation, Testing, Maintenance, Closure and Enforcement of ASTs/USTs in California,” 2003, Presenter PUBLICATIONSState Bar Real Property Section E-Bulletin, "Remodeler Training and Certification Required by September 30 for EPA's Lead Paint Rule," September 2010, Author State Bar Real Property Section E-Bulletin, "UST Owners and Operators Brace for Caps on Reimbursement from UST Cleanup Fund," October 2010, Author California State Bar, Real Property Law Section, “Lot Line Adjustment Exception Significantly Narrowed by SB 497,” 2002, Author West’s Publishing, “Contracts in a Nutshell,” 4th Edition, 1997, Research Editor EDUCATIONUniversity of the Pacific, McGeorge School of Law (J.D., Graduated with Distinction, 1998) California State University, Chico (B.A., 1995)
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