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Jennifer Hartman King

Jennifer Hartman King

Counsel

621 Capitol Mall
18th Floor
Sacramento, CA 95814

Areas of Law:

Environmental

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

California

Jennifer Hartman King's practice focuses on environmental law with broad experience handling litigation in state and federal court, administrative enforcement defense, compliance counseling, and transactional matters. Her clients include both public and private entities, and she represents them as lead counsel on many issues.

In her litigation practice, Jennifer handles complex multi-party actions involving soil, air, and groundwater contamination, including federal and state cost recovery and contribution actions, natural resource damages litigation, toxics exposure cases, and environmental criminal defense. Jennifer's caseload emphasizes actions involving CERCLA, RCRA, Porter-Cologne Water Quality Act, and Hazardous Substances Account Act. She has negotiated complex settlement agreements involving government entities and private parties and has settled multiple criminal enforcement actions brought by the California Environmental Circuit Prosecutors.

Jennifer also defends clients in a range of governmental enforcement actions.

Frequently, these issues arise in the context of contaminated soil and groundwater; however, Jennifer also has unique expertise handling enforcement actions involving pesticide and dairy industry regulations. Jennifer has experience negotiating with various federal, state, and local agencies and departments, including the United States Environmental Protection Agency, California Department of Toxic Substances Control, State Water Resources Control Board, Regional Water Quality Control Boards, the Department of Fish and Game, Department of Pesticide Regulation, and Department of Food and Agriculture.

Jennifer's compliance and transactional practice includes site investigation and remediation, underground storage tank regulations, and emergency spill reporting. She has particular expertise in handling applications to the California Underground Storage Tank Fund and has successfully appealed multiple adverse administrative decisions related to the Fund. Jennifer also advises clients in real estate transactions involving contaminated property, including environmental due diligence, disclosures, and deed restrictions. She has experience negotiating complex environmental provisions in transactions involving the purchase and sale or leasing of contaminated property, and advising clients regarding strategic deal structuring for allocating and minimizing potential environmental liabilities.

Before joining Downey Brand, Jennifer was Deputy Legal Affairs Secretary to Governor Gray Davis. In her role with the Davis administration, she provided legal advice and assistance to the Governor and his staff on many issues facing the State. She reviewed and analyzed legislation pending before the Governor. She oversaw litigation challenging various decisions made by the Governor, including

several high profile cases. She was also the primary liaison in the Governor's Legal Affairs Office for several State agencies and departments, and was responsible for reviewing their significant legal and litigation issues.

Prior to her appointment to the Governor's staff, Jennifer began her legal career as an associate in the Los Angeles office of Bingham McCutchen, LLP, where she practiced environmental litigation and compliance counseling. Before earning her law degree, Jennifer worked as a research assistant at the United States Department of State, Office of the Coordinator for Business Affairs. She also was selected by the State Department to serve the Organization for Security and Cooperation in Europe as a Voter Registration Supervisor in Bosnia Herzegovina in 1997 and as an Election Monitor for the national elections in Republika Serbska in 1998.

EXPERIENCE

Lead counsel representing a Northern California city in a complex, multi-party, soil and groundwater contamination case brought pursuant to the federal Superfund statute (CERCLA).

Lead counsel representing a municipality in an action involving alleged PCE contamination of the soil and groundwater at an active printing press site, brought pursuant to the California Superfund statute (HSAA).

Lead counsel for a Northern California water company in prosecution of claims against adjacent landowners for contamination of multiple drinking water reservoirs.

Lead counsel for defendants in multiple environmental criminal enforcement actions brought by the California Environmental Circuit Prosecutors.

Lead settlement negotiator for Southern California landowner pursuing CERCLA response cost contribution against multiple current and former landowners and tenants.

Represent fireworks manufacturer in defense of complex, multi-party, perchlorate contamination litigation in multiple United States District Court actions.

Represented retailer in defense of Proposition 65 enforcement action for failure to warn of health risks arising from exposure to hazardous substances.

Served as lead counsel for large state contractor in Department of Health audit dispute, achieving zero reimbursement victory for client.

Represented Southern California water purveyer in defense of water rights dispute involving litigation of Native American water interests.

Represented major energy company in power plant siting and permitting process.

Lead counsel for multiple public and private parties conducting soil and groundwater contamination investigation and remediation under government order.

Lead environmental counsel for multiple developers acquiring property located on a former Northern California military base.

Represented major defendant in successful mediation of multimillion dollar CERCLA contribution action involving Colorado mining town.

Lead environmental counsel for various buyers and sellers of commercial and agricultural real estate, including negotiating environmental provisions, overseeing environmental due diligence process, preparing disclosures and providing strategic deal structuring advice.

MEMBERSHIPS

UST Cleanup Program Task Force (Mandated by the California State Water Resources Control Board), Member; Site Closure Subcommittee, Member

American Bar Association, Environment, Energy & Resources section, Member; Subcommittee of Women Environmental Litigators, Member

National Brownfield Association, California Chapter, Member

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

Sacramento County Bar Association, Member

United States District Court for the Eastern, Northern, Central and Southern Districts of California, Admitted to Practice

United States Court of Appeals for the Ninth Circuit, Admitted to Practice

EDUCATION

University of California, Los Angeles School of Law (J.D., 2000)

University of California, Davis (B.A., magna cum laude, 1996)

PUBLICATIONS

Shopping Center Management Insider & Professional Office Building Management, Vendome Publications, “ New EPA Rule Requires Buyers, Tenants To Broaden Environmental Investigation,” November 2006, Contributor and Insider Source

Commercial Tenant's Lease Insider & Commercial Lease Law Insider, Vendome Publications, “Tenants Can Protect Against Environmental Liability By Complying With EPA Rule,” November 2006, Contributor and Insider Source

Journal of International Law and Foreign Affairs, Former Staff Member

PRESENTATIONS

Association of Commercial Real Estate ( ACRE ), “Make More Money, Successfully Close More Transactions: New Federal Due Diligence Requirements,” 2006, Presenter

Lorman Education Services, “Environmental Concerns in Commercial Real Estate Transactions,” 2006, Presenter

Lorman Education Services, “Commercial Real Estate Financing: Environmental Aspects of Commercial Real Estate Transactions,” 2005, Presenter

CHARITABLE

Sacramento Child Advocates, Board Member; Resource Development Committee, Member; Board Development Committee, Member