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Environmental Enforcement Defense
Compliance with the myriad of environmental statutes and regulations is a necessary aspect for businesses operating in California.
Downey Brand’s Environmental Law Practice Group has a depth of experience with these requirements and can swiftly implement a practical defense to minimize the penalties and impact on your business. For over 25 years, Downey Brand has advised and defended clients being investigated or sued by local, state or federal agencies, the United States Department of Justice, the California Attorney General, local district attorneys, or environmental groups. The firm’s environmental experience is extensive and crosses virtually all state and federal environmental statutes including the Clean Air Act (CAA), the Clean Water Act (CWA), CERCLA, FIFRA, RCRA, TSCA, and California’s Proposition 65.
Our clients have included some of the largest public and privately held corporations in the United States, as well as local businesses and individuals from industry sectors such as aerospace, forest products, energy, petroleum refining and distribution, maritime and transportation industries, mining, manufacturing, and agribusiness. With decades of experience in defending environmental enforcement matters for these clients, Downey Brand’s Environmental Law Practice Group is uniquely qualified to handle the defense of virtually any civil or administrative enforcement action and/or citizen suit.
In conjunction with advising and defending clients in litigation or administrative enforcement proceedings, our environmental enforcement defense and air quality attorneys also assist clients in addressing any ancillary permitting and operational issues that will help avoid future complications. We understand what is at stake for our clients, and have a demonstrated record in obtaining favorable results to challenges of state and federal environmental statutes and regulations.
Selected Experience
Selected Experience
- Represented major high-tech computer equipment manufacturer in multiple parallel enforcement actions brought by regional air quality management district alleging numerous violations of Title V of the CAA.
- Represented petroleum company 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 CWA and California Fish & Game Code, as well as claims of Unfair Competition under Business & Professions Code 17200.
- Represented energy company in CAA enforcement action by the United States Environmental Protection Agency, alleging five years of violations at central valley biomass power plant.
- Represented major high-tech computer equipment manufacturer in multiple parallel enforcement actions brought by regional air quality management district alleging numerous violations of Title V of the CAA.
- Represented petroleum company 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 CWA and California Fish & Game Code, as well as claims of Unfair Competition under Business & Professions Code 17200.
- Represented energy company in CAA enforcement action by the United States Environmental Protection Agency, alleging five years of violations at central valley biomass power plant.
- Represented various clients in lawsuits filed under California’s Proposition 65 for failures to warn and/or the alleged unlawful discharge to drinking water.
- Represented multi-national transportation company in enforcement action brought by municipal utility district for alleged discharge of gasoline impacting district’s facility and POTW.
- Represented national energy company in action brought by circuit prosecutors for alleged violations of California’s Hazardous Substances Account Act (HSAA) and Water Code.
- Advised and represented major regional land developer in action brought by the California Attorney General’s Office for alleged violations of the California’s Water Code and Fish & Game Code.
- Defended biomass energy company in enforcement action brought by air pollution control district alleging hundreds of violations of local and state air quality statutes and permit requirements.
- Represented product wholesaler in enforcement action by the California Air Resources Board (CARB) arising from the alleged sale of VOC-containing automotive products in violation of the state air statutes.
- Represented building product manufacturing company in separate EPCRA and CAA enforcement actions brought by the United States Environmental Protection Agency.
- Defended property owners in enforcement action alleging violations of California’s Fish & Game Code and Water code involving riverbank fill and erosion measures.
- Represented trucking company in enforcement action by local district attorney for alleged violations of California’s hazardous waste statutes, Fish & Game Code and Water Code.
- Represented regional ready-mix companies in separate enforcement actions by multiple district attorneys alleging illegal discharges to waters of the state.
6 Attorneys
Christian L. Marsh
Christian L. Marsh
Partner / Executive Committee Member
Public agencies and private companies turn to Christian Marsh for advice on regulatory and land use entitlement issues governing real estate developments, ground and surface water supply projects, renewable and non-renewable energy facilities, mining operations and processing plants, and port and waterfront developments.
San Francisco 415.848.4830
Partner
San Francisco 415.848.4830
Kathryn L. Oehlschlager
Partner
San Francisco 415.848.4820
Robert P. Soran
Partner
Sacramento 916.520.5364
Announcements
14 related items-
November 7, 2024Downey Brand Ranked Nationally and Regionally in 2025 Best Law Firms®
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November 2, 2023Downey Brand Ranked Nationally and Regionally in 2024 Best Law Firms®
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June 8, 2023Chambers USA 2023 Recognizes Downey Brand Attorneys and its Energy and Environmental Practice Groups
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September 28, 2022Thomas Law Group to Merge with Downey Brand
Merger Compliments Strategic Expansion of Natural Resources Department in Sacramento and San Francisco -
June 16, 2022Chambers USA 2022 Recognizes Downey Brand’s Environmental and Energy Practice Groups and Four of its Attorneys
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February 1, 2022Downey Brand Associate Alexandra Lizano Selected to Join Environmental Law Institute’s Emerging Leaders Initiative
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January 15, 2020Downey Brand Names Two New Partners
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May 20, 2019Downey Brand Senior Associate Promoted to Counsel
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November 12, 2018Downey Brand Ranked Nationally and Regionally in “Best Law Firms” 2019 by U.S. News – Best Lawyers®
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October 15, 2018Natalie Kirkish and Benjamin Lee Join Downey Brand’s Natural Resource Team
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December 20, 2017Downey Brand Promotes Four New Counsel
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December 12, 2017Downey Brand Names Six New Partners
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January 13, 2017Christopher Rendall-Jackson Joins Downey Brand’s San Francisco Office
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November 2, 2015Veteran Environmental Attorneys Kathryn Oehlschlager and Donald Sobelman Join Downey Brand
Firm Furthers its Bay Area Commitment with Expansion of San Francisco Office
Speaking Engagements / Events
6 related items-
November 19, 2024BPC Briefing: 2024 CEQA and Regulatory Update
Bay Planning Coalition's 12th Annual CEQA Update -
January 30, 2024BPC Briefing: 2023-24 CEQA Update
CEQA Case Developments - Year in Review -
November 19, 2020BPC Expert Briefing: CEQA Update 2020
Bay Planning Coalition's 8th Annual CEQA Update -
November 11, 2020CEQA and Environmental Impact Reports: 2020 Cases, Standards, Mitigation Measures, Exemptions and Lead Agencies
Strafford Webinars -
October 17-20, 201928th Annual Environmental Law Conference at Yosemite®
Presented by the California Lawyers Association -
August 15, 2017Development in the Coastal Zone in an Era of Rising Seas
Moderator, Bar Association of San Francisco Environmental Law Section
Legal Alerts
27 related items-
July 1, 2024The Supreme Court Significantly Undercuts Agency Authority By Overruling Chevron in Landmark Ruling
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May 15, 2022U.S. Department of Justice Announces New Office of Environmental Justice and Return of Supplemental Environmental Projects
Environmental Law -
April 21, 2020U.S. Supreme Court Preserves Potential State Court Superfund Site Claims – But Remedial Actions Requires EPA Approval
Environmental Law -
April 16, 2020CalEPA Issues Statement on Enforcement and Compliance Requirements During COVID-19 Pandemic
Downey Brand COVID-19 News and UpdatesEnvironmental Law -
April 13, 2020USEPA Issues Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19
Downey Brand COVID-19 News and UpdatesEnvironmental Law -
December 2, 2019U.S. Supreme Court Watch (ARCO v. Christian): Can Private Parties Sue For More Clean Up Than EPA Requires?
Environmental Law -
April 11, 2018U.S. EPA Region 9 Enforcement Priorities Revealed
Environmental Law -
June 12, 2017DOJ Issues Policy Memo Limiting the Use of Supplemental Environmental Projects in Federal Settlements
Environmental Law -
April 4, 2017Water Board Adopts Revisions to Enforcement Policy That Are Expected to Generally Increase Penalties
Environmental Law -
September 9, 2016OEHHA Adopts Unclear Amendments to the “Clear and Reasonable Warning” Regulations – Exacerbating Proposition 65 Problems
Environmental Law -
June 6, 2015Appeals Court Decides Crucial Case On State Fish And Wildlife’s Extension Of Streambed Alteration Limits To Existing Water Diversions
Water Law -
January 21, 2015New Proposed Proposition 65 Regulations Equal Less Help and More Hurt (and Litigation) for Industry
Environmental Law -
September 26, 2014Uncertainty Remains Over DTSC’s Draft Priority Products Work Plan
Environmental Law -
June 1, 2014U.S. Supreme Court Upholds State Law Claims Cut Offs for Contamination Damages
Environmental Law -
May 13, 2014DTSC’s Initial Priority Product List – Lessons Learned
Environmental Law -
April 15, 2014Warning! More Changes Ahead for California Proposition 65
Environmental Law -
August 2013Ninth Circuit Issues New Ruling in LA County Flood Control Case Contradictory To Its Own Earlier Rulings, Resulting in Compliance Uncertainty
Environmental Law -
August 2013State Water Board Solicits Comments on “Final Draft” Industrial Storm Water General Permit
Environmental Law -
February 2013Legal Update: EPA Issues Revised Enforcement Guidance To Address Leaseholder Concerns About Contaminated Property
Environmental Law -
December 19, 2012California Department of Conservation Issues Draft Proposal to Increase Regulation of Hydraulic Fracturing
Environmental Law -
November 26, 2012Legislative Update: Stuck in the Middle Again? UST Owners Hope AB 1715 Will Provide Regulatory Relief
Environmental Law -
November 2012US EPA Issues New Superfund Policy to Address Delays in Reaching Settlements with Potentially Responsible Parties
Environmental Law -
September 2012Case Alert: California Supreme Court Holds That Parties May Stack Property Insurance Policies “To Form One Giant Uber-Policy”
Environmental Law -
May 2012Low-Threat Underground Storage Tank Case Closure Policy
Environmental Law -
October 2010Gas Stations Brace for Bad News from the UST Cleanup Fund but may get a Break from Environmental Regulators
Environmental Law -
September 2010Remodeler Training and Certification Required by September 30 for EPA’s Lead Paint Rule
Environmental Law -
August 2010U.S. Court of Appeals for the Ninth Circuit Rules That Owner and Operator Status is Determined at the Time Cleanup Costs are Incurred
Environmental Law
Publications
5 related items-
May 2024Sacramento County Superior Court Rules in Favor of the State Water Board’s Substitute Environmental Document for Phase I of the San Francisco Bay-Delta Plan
California Water Law & Policy Reporter, Volume 33, Number 8 -
September 2022D.C. Circuit Dismisses Environmental Interest Groups’ Lawsuit Challenging U.S. EPA’s Approval of Oklahoma’s Coal Ash Plan under RCRA
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 2, Number 11 -
July 2022U.S. EPA And Department of Justice Announce the Return of The Use of Supplemental Environmental Projects
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 2, Number 10 -
May 2021As the Climate Changes, So Will Natural Resource Damage Claims
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 1, Number 8 -
May 2015Proposed Prop. 65 Regs Equal Less Help and More Hurt (and Litigation)
California Grocer, Issue 2