Clifton J. McFarland

Partner

621 Capitol Mall
18th Floor
Sacramento, CA 95814

Areas of Law:

Environmental

Admitted to Practice in:

California

Experience

Marketing/Business Development Partner at Downey Brand and former Chair of Downey Brand’s Environmental Law Practice Group – a 25-member department, including 16 attorneys.

Represented petitioners in Meghrig v. KFC Western, 516 U.S. 479 (1996), in which a unanimous Supreme Court held that cleanup costs could not be recovered under the Resource Conservation and Recovery Act.

Lead counsel in appeal successfully challenging certain aspects of new water quality program devised by the California Regional Water Quality Control Board to govern return flows from irrigated agriculture.

Represented major defendant in groundwater contamination matter brought by the City of Lodi pursuant to the federal Superfund statute and a unique municipal cleanup ordinance.

Environmental counsel for commercial real estate developer in the redevelopment of former petroleum tank farm into transshipment warehouse in Los Angeles Port area.

Lead counsel in an action successfully challenging the drinking water standard set by the Office of Environmental Health Hazard Assessment for perchlorate.

Environmental counsel for commercial real estate developer in the redevelopment of former petroleum tank farm into transshipment warehouse in Los Angeles Port area.

Counsel for aerospace company in major toxic tort action, including successful multi-day hearings resulting in the exclusion of plaintiff's key groundwater experts.

Represented major manufacturer in consent decree negotiations with EPA governing the largest groundwater cleanup in California.

Counsel to a group of companies regarding regional groundwater plume, including remedial investigation that demonstrated plume originated from a facility operated by a third party.

Represent major California real estate investor in environmental evaluation of all investments and in structuring transactions with environmental issues.

Lead counsel in action by new landowner against environmental consultant regarding latent soil and groundwater contamination issues.

Represented fuel service operator in multi-party soil and groundwater cleanup at the San Francisco International Airport.

Defended party remediating hazardous waste landfill against action brought by neighboring landowner, a residential developer, alleging damage to its property.

Represented group of tenants at Lindbergh Field Airport in San Diego against the State Tank Fund. Successfully argued that regulatory provision precluding tenants from filing separate claims against the Fund contradicted legislative intent.

Achieved favorable settlement for small electronics company in multi-party groundwater contamination matter brought by local water district.

Lead outside environmental counsel for major utility, including siting of alternative energy projects.

Represented major responsible party at Operating Industries, Inc. Superfund site.  Successfully argued that the waste disposed of did not constitute a hazardous substance within the meaning of the Superfund statute.

Defended auto parts manufacturer in private party Superfund litigation involving four separate sites. Successfully argued that indemnity provision did not operate to shift cleanup liability to manufacturer.

Member of defense team defending rocket motor manufacturer in major toxic tort action. Principally responsible for fate-and-transport and causation portions of defense.

Lead counsel in action brought against major equipment leasing company alleging that equipment defect resulted in major diesel spill.

Review all environmental legislation introduced in the California legislature for a group of interested companies.

Defended aircraft manufacturer in toxic tort suit in which plaintiffs alleged groundwater contamination impacted their private well. Early demonstration that well was not downgradient of manufacturer's operation resulted in dismissal.

Represented major ranch owner in contamination matters related to tenant activities.

Defended numerous Proposition 65 citizen suit actions. 

MEMBERSHIPS

City of Davis, natural Resources Commission, Member

City of Davis, Historical Resources Management Commission, Former Commissioner

California EPA—Brownfields Redevelopment Advisory Group, Member

Environmental Law Institute, Council of Partners, Former Member

MIT Educational Council, Member

ABA Natural Resources & Environmental magazine, Former Senior Editor

Capital Stage Theater Group, Board of Directors

EDUCATION

Columbia University School of Law, New York, New York (J.D., 1988)

Massachusetts Institute of Technology, Cambridge, Massachusetts (B.S., 1981)

PUBLICATIONS

Natural Resources & Environment, "Three Mile Jam," Spring 2005, article on population issues, Author

RCRA and Superfund:  A Practice Guide with Forms, "Chapter 15:  State Involvement in CERCLA Actions," Dec. 1993, M. O'Reilly, M. Norman & K. Kane eds., Author

Federal Bar Association's The Alert, "Recovery of Cleanup Costs Under RCRA--Conflict Among the Circuits?  Jan. 1996, Co-authored with J. Zaimes

Natural Resources & Environment, "Cost Recovery Meets the Supreme Court," Summer 1996, Author

Natural Resources & Environment, "Federalism and CERCLA Programs," Summer 1994, Author

HazMat World, "Re-Inventing Superfund means 'de-inventing' Superfund, March 1994, Author

Natural Resources & Environment, "Recent Decisions Lay the Ground for 'Escape Devices' to Ameliorate Joint and Several Liability under CERCLA, Winter 1993, Author

Los Angeles Lawyer, "Environmental Due Diligence," Jan. 1992, Co-authored with P. Dennis

Risk Management, "Old Liability Policies Unearth Underground Tank Coverage," April 1991, Co-authored with S. Weston

New York Law Journal, "Environmental Law," May 31, 1988, special 100th anniversary edition of NYLJ, Co-authored with S. Kass & M. Gerrard

PRESENTATIONS

Environmental Law Institute, Western “Boot Camp” On Environmental Law, “Legal Ethics,” 2008-2011, Speaker

CLE, “Stormwater: Enforcement and Legal Aspects,” 2008, Speaker

Environmental Law Institute, “Are there Synergistic Effects Between Toxic Tort Suits and Environmental Regulations?” 2006, Panel Member

CLE, “Anatomy of a Toxic Tort Case,” 2003, Speaker

Environmental Law Institute, “Recent Developments in Environmental Law:  CERCLA Brownfields Amendments,” 2002, Speaker