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Nicole R. Gleason

Nicole R. Gleason

Counsel

621 Capitol Mall
18th Floor
Sacramento, CA 95814

Areas of Law:

Environmental

email:
ngleason@downeybrand.com
phone:
(916) 444-1000
fax:
(916) 444-2100
Admitted to Practice in:

California

Nicole Gleason has worked with a wide range of companies for nearly ten years to address issues associated with contaminated properties. She has helped many of those companies successfully wade through complicated enforcement issues and efficiently move forward with their business goals. As a result of her experience, she was recently asked to co-chair the Environmental Law Subsection of the California State Bar's Real Property Law Section. This follows her service on the State Water Resources Control Board's Underground Storage Tank Cleanup Fund Task Force, where she represents 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 as well as assisting clients manage liabilities associated with various 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 release reporting obligations, 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.

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.

MEMBERSHIPS

Association of Commercial Real Estate (ACRE), Member

Davis Chamber of Commerce, Member

Sacramento County Bar Association, Environmental and Real Property Sections, Member

State Bar of California, Environmental Law Section and Real Property Section, Member

Commercial Real Estate Women (CREW), Member

National Brownfield Association, California Chapter, Member; California Program Planning Committee, Member

EDUCATION

University of the Pacific, McGeorge School of Law (J.D., Graduated with Distinction, 1998)

California State University, Chico (B.A., 1995)

 

PUBLICATIONS

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

PRESENTATIONS

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