Darrin D. Gambelin
Partner
Darrin Gambelin draws from more than 25 years of experience with California and federal environmental laws to assist clients in resolving a range of permitting, compliance, and regulatory enforcement issues.
Darrin routinely works with clients in the agriculture, food processing, mining, manufacturing, pipeline, energy, and waste management sectors to navigate complicated state and federal environmental regulatory schemes, including those created by the Clean Air Act, Clean Water Act, RCRA, Oil Pollution Act, California Porter-Cologne Water Quality Control Act, Surface Mining and Reclamation Act, as well as local agency requirements that augment or overlay state and federal provisions. Darrin advises clients on compliance with environmental and safety rules affecting all phases of operations, restoration, and reclamation, including those for material processing and energy pipelines, from permitting and operation to emergency response planning. He also closely tracks and advises clients on the latest developments in California and federal efforts to regulate greenhouse gas emissions, including the cap-and-trade program and measures to reduce methane emissions from oil and gas, waste, and dairy industries. In the waste management industry, Darrin advises clients on compliance with California and Federal requirements for landfills, recycling, and composting. Darrin has successfully advocated for the interests of his clients during the development of new environmental regulations, has advised his clients during the permit application process, and, when necessary, has defended his clients in enforcement actions.
Prior to entering the field of law, Darrin had a productive career in the environmental compliance field, serving as an environmental, health, and safety professional in the manufacturing, waste management, and research industries. Using this hands-on experience, Darrin helps clients craft cost-effective and creative solutions to difficult environmental issues. He also prides himself on understanding the complex technical, scientific, and legal issues faced by his clients.
Professional, Community And Pro Bono Involvement
- California Construction and Industrial Materials Association
- NatureBridge Yosemite, Board of Directors, 2016-present
- Western States Petroleum Association
- Air and Waste Management Association
- California Association of Sanitation Agencies
- California Stormwater Quality Association
- California Lawyers Association, Environmental Law Section
- American Bar Association
- Bar Association of San Francisco
- Chemical Industry Council of California
- Environmental, Energy & Climate Change Law and Regulation Reporter, Editorial Board Member, 2020-present
Honors & Rankings
- Order of the Coif
Environmental Permitting
- Assisting an energy company on permitting and compliance for construction projects to repair and upgrade its pipeline system. Pre-project tasks include strategy and advice on applications for permits and entitlements from counties, air districts, and state and federal land and wildlife agencies. Construction tasks include advice on compliance with air and stormwater permits, communications with safety agencies and response to agency inspections and enforcement actions.
- Advise a manufacturing company during the decommissioning and redevelopment of a large production and warehouse asset. This included local and state permitting, compliance with air district dust and asbestos abatement requirements, and contamination remediation.
- Advise mining company with regarding to permitting and compliance for a variety of mining and manufacturing processes throughout California, including strategy and advice on applications for permits and entitlements from cities/counties, air districts, and state and federal agencies
- Advise and negotiate agricultural, food processing, manufacturing, and energy clients on successful applications for air permits for new equipment including boilers, generators, pumps and other combustion sources; process equipment; compost operations and digesters; and coating booths. These complex permit applications include review of Best Available Control Technology, NSR and PSD requirements, modeling, emission reduction credits, and offsets.
- Advise on the permitting and contractual requirements for the siting of waste-to-energy facilities.
- Successfully negotiated favorable air permit terms and pursued appeals of unfavorable permit terms with several of the largest air districts in California including the San Joaquin Valley Air Pollution Control District, South Coast Air Quality Management District, Bay Area Air Quality Management District, and Sacramento Metropolitan Air Quality Management District.
- Negotiated the issuance of Coastal Development Permits in front of local agencies and the California Coastal Commission.
- Guided clients through permitting and implementation of the complex California hazardous waste treatment program.
Pipeline Permitting, Operation, and Emergency Response
- Assisted client in responding to reporting requirements and information requests from multiple federal and state agencies in the aftermath of an accidental release.
- Managed technical experts retained to investigate potential damages in a Natural Resource Damage Assessment commenced under the Oil Pollution Act.
- Advised clients on compliance with PHMSA and California State Fire Marshall pipeline safety and spill response planning requirements.
- Assisted client in response to Corrective Action Orders issued by PHMSA regarding pipeline operations.
EPA Clean Air Act Rulemakings
- Represented a large aerospace trade organization during EPA’s residual risk and technology review of the Aerospace Manufacturing and Rework NESHAP. Crafted detailed written comments in response to EPA’s proposed rule.
- Represented an oil and gas trade association during the development of EPA’s oil and gas NSPS and NESHAP rulemaking. Successfully petitioned for reconsideration of the rule address client’s needs.
- Represented a large auto manufacturer in the residual risk and technology review of the secondary aluminum NESHAP. Successfully advocated for several key changes to the rule.
Compliance Counseling
- Advised energy and industrial clients on compliance with complex California Greenhouse Gas monitoring and reporting requirements.
- Advised energy and industrial clients on compliance with complex California Greenhouse Gas monitoring and reporting requirements.
- Represented large manufacturing companies in air permitting issues, including Title V compliance and deviation reporting.
- Advised a landfill operator on compliance with environmental regulations including landfill gas requirements.
- Advise waste management companies on compliance with California recycling mandates.
- Advised a medical waste incineration company on permitting and compliance issues.
Enforcement Defense
- Defended an oil and gas company against an enforcement action relating to crude loading at a marine terminal.
- Assisted with the defense of a large energy company in the criminal enforcement of Clean Air Act violations.
- Responded to requests for information from EPA under the Clean Water Act and Clean Air Act.
- Successfully negotiated reduced violations and penalties for alleged hazardous waste violations at a transportation business.
Announcements
2 related items-
January 15, 2020Downey Brand Names Two New Partners
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December 20, 2017Downey Brand Promotes Four New Counsel
In the News
1 related items-
May 27, 2020Climate Change Suits Against Oil Companies Can Go Forward in State Courts, Plaintiffs’ Preferred Venue
Daily Journal
Speaking Engagements / Events
7 related items-
April 14, 2022The Clean Air Act and the Methane MomentModerator, The Bar Association of San Francisco- Continuing Legal Education
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November 9, 2021Navigating the Ever-Changing Environmental Regulatory Landscape Under the Biden Administration: Legal Trends, Impacts, and How to PrepareSpeaker, 2021 Mapistry Executive EHS&S Summit
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July 14, 2021Greenhouse Gas Regulation: Pollutant-Specific Contribution Rules, Emission Taxes, Cap and Trade IncentivesStrafford Webinars
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March 9, 2021Coffee and Compliance: The Biden Administration’s Impact on Air ComplianceMapistry's Weekly Webinar Series
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August 26, 2020Clean Air Act Under the Trump AdministrationMapistry's Environmental, Health and Safety (EHS) Virtual Summit
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May 12, 2020Coffee and Compliance: The Clean Air Act Under the Trump AdministrationMapistry's Weekly Webinar Series
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June 28, 2016California GHG Emission Standards for Crude Oil and Natural Gas Facilities: Impacts on Midstream and Upstream Oil & Gas IndustryJoint Webinar with ERM
Blogs
7 related items-
April 20, 2022BAAQMD Modifies its CEQA Thresholds for Evaluating the Significance of Climate Impacts from Land Use Projects and Plans
CEQA Chronicles -
May 29, 2020Second Appellate District Expands Baseline Analysis in Upholding Environmental Impact Report for Refinery Project Intended to Help Reduce Air Pollutants
CEQA Chronicles -
June 7, 2018First Appellate District Upholds Several Aspects of the EIR Prepared for Phillips 66 Efforts to Enhance Recovery of Petroleum Refinery Products
CEQA Chronicles -
July 18, 2017State Legislature Reaches Agreement on Extension of the Greenhouse Gas Cap-and-Trade Program; Stops the Bay Area Air Quality Management District’s Proposed Cap (and-No-Trade)
CEQA Chronicles -
July 13, 2017California Supreme Court Again Considers Climate Change in the Context of CEQA, But Fails to Resolve Important Uncertainties for Future Environmental Review
CEQA Chronicles -
May 9, 2017Up One Day, Down the Next—California Air Resources Board Receives Mixed Reviews in its Implementation of its Cap-and-Trade Program and Low Carbon Fuel Standard
CEQA Chronicles -
August 17, 2016White House Council on Environmental Quality Issues Final Guidance on Consideration of Climate Change in NEPA Review
CEQA Chronicles
Legal Alerts
19 related items-
November 8, 2022Board of Environmental Safety: California’s New Hazardous Waste Permit Review Authority is Ramping Up
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January 31, 2022California Natural Gas Utilities Propose New GHG Emissions Reduction Calculation Methodology for Biomethane Projects
Energy Law -
June 24, 2021CalOES Proposes Rules to Clarify California Release Reporting Requirements
Environmental Law -
October 26, 2020California Pipelines Face New Hurdles As the State Adopts Final Rules to Protect its Coastline
Environmental Law -
March 30, 2020UPDATE: EPA May Exempt Certain Manufacturers and Importers from TSCA Fees Rule
Environmental Law -
March 23, 2020Manufacturers and Importers May Be Surprised By The New TSCA Fees Rule
Environmental Law -
March 20, 2020Compliance with Water Board Requirements During the Coronavirus 2019 (COVID-19) Emergency
Downey Brand COVID-19 News and UpdatesEnvironmental Law -
October 28, 2019Revised Draft Pipeline Regulations Will Allow Longer Periods for Compliance and Will Undergo a New Round of Comments
Environmental Law -
October 3, 2019California Fire Marshall Makes Additional Changes to its Proposed Oil Pipeline Safety Regulations
Environmental Law -
May 6, 2019California Office of the State Fire Marshal Announces Expected Delay for New Pipeline Regulations and Provides Other Updates at Annual Safety Seminar
Environmental Law -
March 11, 2019California’s Proposed Requirements to Reduce Pipeline Spills Will Present New Challenges and Burdens for Industry; Comment Deadline is April 2, 2019
Environmental Law -
November 16, 2017Bay Area Air Quality Management District Sets Stringent New Standards for Toxic Air Emissions at Bay Area Facilities
Environmental Law -
July 26, 2017Local California Governments Sue Fossil Fuel Companies for Rising Sea Levels
Uncategorized -
July 19, 2017State Legislature Reaches Agreement on Extension of the Greenhouse Gas Cap-and-Trade Program; Stops the Bay Area Air Quality Management District’s Proposed Cap (and-No-Trade)
Uncategorized -
June 12, 2017DOJ Issues Policy Memo Limiting the Use of Supplemental Environmental Projects in Federal Settlements
Environmental Law -
March 31, 2017Short-Lived Climate Pollutant Strategy Outlines a Role for POTWs in Organic Waste Diversion
Uncategorized -
January 8, 2016The California Supreme Court’s CEQA Docket Comes To A Dramatic Close For The Year, Resolving That EIRs Need Not Address The Environment’s Impacts On A Project
Environmental Law -
October 9, 2015EPA’s Water Rule Blocked Nationwide
Water Quality Law -
September 2015ESWR Update: WOTUS Rule Blocked by Federal Judge in North Dakota
Environmental Law
Publications
50 related items-
March 2023Ninth Circuit Holds Rulemaking Petition Regarding Grizzly Bear Recovery Plan is not Subject to Judicial Review
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 3, Number 6 -
February 2023EPA Reactivates its Prevention of Significant Deterioration Reactivation Policy
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 3, Number 5 -
January 2023U.S. Bureau of Land Management Proposes a New Regulation to Reduce Methane Emissions at Energy Plants
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 3, Number 4 -
December 2022Monsanto Petitions for Eleventh Circuit En Banc Review After Losing FIFRA Preemption Argument Against State Law Failure to Warn Claim
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 3, Number 3 -
November 2022District Court Dismisses Third Party Suit Finding Standing Allegations Inadequate in Climate Adaption Case
California Land Use Law & Policy Reporter, Volume 32, Number 2 -
September 2022D.C. Circuit Upholds FERC’s Approval of Adelphia Pipeline Acquisition Under NEPA
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 2, Number 11 -
June 2022EPA Takes Three Major Steps Towards Regulating PFAS Compounds Through the Clean Water Act NPDES Permit
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 2, Number 9 -
May 2022California Air and Climate: CARB’s Draft Scoping Plan Outlines Initiatives to Achieve the State’s Ambitious Carbon Reduction Goals
California Air and Climate, Vol. 21 -
May 2022FERC Revises Policy Statement on Natural Gas Facilities Certification to Bolster Consideration of GHG Impacts and Environmental Justice in Weighing Public Convenience and Necessity
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 2, Number 8 -
May 2022Biden Administration’s EPA Restores California’s Ability to Set More Stringent Auto Pollution Tailpipe Rules
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 2, Number 8 -
March 2022U.S. Army Corps of Engineers and NOAA Enter into Joint Memorandum Regarding ESA Consultations for Existing Structures
California Land Use Law & Policy Reporter, Volume 31, Number 6 -
March 2022Fourth Circuit Vacates U.S. Fish and Wildlife Service’s 2020 Biological Opinion for Natural Gas Pipeline
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 2, Number 6 -
February 2022Great Lakes, Coastal Beaches, and Certain Coastal Waters Further Protected by New Federal Pipeline Rule
Environmental, Energy, & Climate Change Law and Regulation Reporter, Volume 2, Number 5 -
January 10, 2022D.C. Circuit Vacates EPA’s Truck Trailer Greenhouse Gas Standards
Environmental, Energy, & Climate Change Law and Regulation Reporter, Volume 2, Number 4 -
December 2021EPA Proposes Methane Emission Regulations for Oil and Gas Operators
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 2, Number 3 -
October 2021California Air and Climate: California to Require All-Electric Small Engines; Bay Area to Mandates All-Electric Furnaces and Water Heaters
California Air and Climate, Vol. 20 -
October 2021U.S. Supreme Court Upholds Eminent Domain Authority for FERC ‘Certificate’ Gas Pipeline Company Despite New Jersey’s Sovereign Immunity Challenges
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 2, Number 1 -
October 2021Ninth Circuit Rejects U.S. EPA’s Approval of Ozone Plan for San Joaquin Valley
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 2, Number 1 -
October 2021Ninth Circuit Continues to Uphold the Significant Nexus Test for Navigable Waters Under the Clean Water Act
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 2, Number 1 -
July 2021U.S. Supreme Court Decision Broadens Federal Appellate Review of Remand Orders in a Blow to Plaintiffs Bringing Nuisance Actions in Climate Change Cases
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 1, Number 10 -
June 2021U.S. Circuit Court of Appeals Dismisses City of New York Global Climate Change Lawsuit Against Multiple Multinational Oil Companies
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 1, Number 9 -
May 2021As the Climate Changes, So Will Natural Resource Damage Claims
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 1, Number 8 -
May 25, 2021Ruling May Give Oil Companies Upper Hand in Climate Change Cases
Daily Journal -
May 2021California Air and Climate: New Indirect Source Rule for Warehouses in Southern California; CARB Adopts Clean Miles Standard for Ride-Hailing Companies; BAAQMD Finds Tier 4 Diesel Engines are Best Available Control Technology for Standby Applications
California Air and Climate, Vol. 19 -
March 2021The D.C. Circuit Overturns EPA’s 2019 Affordable Clean Energy Rule
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 1, Number 6 -
February 2021California Air and Climate: EPA Waiver to CARB Regarding “Non-Road” Diesel Engine Regulations Upheld; Phasing Out Agricultural Burning in San Joaquin Valley by 2025
California Air and Climate, Vol. 18 -
February 2021U.S. EPA Publishes the Clean Air Act Cost-Benefit Rule Amidst Opposition and the End of the Trump Administration
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 1, Number 5 -
December 2020Govenor Newsom Issues Executive Order to Conserve 30 Percent of California Lands
California Land Use Law & Policy Reporter, Volume 30, Number 3 -
December 2020California Air and Climate: CARB Expands Emissions Reporting Requirements and Considers Indoor Gas Appliances; SJVAPCD Pursues Additional Reductions from Glass Furnaces, Stationary Engines, and the Oil and Gas Industry
California Air and Climate, Vol. 17 -
September 2020California Air and Climate: CARB Focuses on Vessel and Truck Emissions
California Air and Climate, Vol. 16 -
August 20, 2020Next Up for the Oakland A’s New Stadium Plan: Another Lawsuit
Daily Journal -
July 2020California Air and Climate: CARB to Hold Second Public Workshop on Reducing Greenhouse Gas Emissions from Ride-Sharing Services; Adopts Zero-Emission Truck Rule; Requests Comments on At-Berth Vessel Regulations
California Air and Climate, Vol. 15 -
June 10, 2020Climate Change Cases Can Move Forward in State Courts, But Will They Be Successful?
Daily Journal -
May 2020California Air and Climate: CARB to Hold Public Workshop on Reducing Greenhouse Gas Emissions from Transportation Vehicle Services; Updates to Air Toxics “Hot Spot” Regulations
California Air and Climate, Vol. 14 -
February 2020California Air and Climate: CARB Adopting Commercial Harbor and Zero-Emission Truck Rules; Workshops for New CARB Emission Reporting Rules
California Air and Climate, Vol. 13 -
January 2020California Air and Climate: CARB Targets Railyard and At Berth Vessel Emissions; San Joaquin Valley APCD to Require Additional NOx Reductions from Engines, Boilers, Process Heaters and Steam Generators
California Air and Climate, Vol. 12 -
November 7, 2019Will Climate Change Nuisance Cases Be Tried in State Court?
Daily Journal -
November 2019California Air and Climate: CARB Continues Roll-Out to Reduce Emissions from Vessels in California Ports and Targets Ride-Hailing Vehicle Greenhouse Gas Emissions; Update on AB 617
California Air and Climate, Vol. 11 -
September 2019California Air and Climate: CARB Reports Continued Declines in Greenhouse Gas Emissions; Tulare County Settles Lawsuit Involving Livestock Emissions
California Air and Climate, Vol. 10 -
July 2019California Air and Climate: BAAQMD Releases Draft Rule Regulating Methane Emissions; US Bureau of Land Management Releases Draft Fracking Plan for California
California Air and Climate: Vol. 9 -
May 2019California Air and Climate: CARB Audits SJVAPCD Emission Credit Program; Court orders EPA to Implement Landfill Methane Rule
California Air and Climate, Vol. 8 -
March 2019California Air and Climate: Greenhouse Gas Emissions Targets for Ride-Hailing Companies; USEPA’s Alleged Failure to Recognize Battery Storage as Best Available Control Technology; CARB Adopts Particulate Matter Standards
California Air and Climate, Vol. 7 -
February 2019The 2018 Environmental Legislative Recap: The End of an Era
Contributor, California Environmental Law Reporter, Vol. 2019, Issue 2 -
January 2019California Air and Climate: CARB Adopts Amendments to Cap-and-Trade Program and State-Wide Emissions Reporting Requirements
California Air and Climate, Vol. 6 -
November 2018California Air and Climate: CARB and San Joaquin Valley APCD Advance AB 617; Bay Area AQMD Targets Methane
California Air and Climate: Vol. 5 -
September 2018California Air and Climate: CARB Cap-and-Trade Amendments and Methods to Reduce Transportation GHG; BAAQMD Seeking Comments to Implement BARCT; Air Permitting Restraints Facing Composting Industry
California Air and Climate: Vol. 4 -
August 2018California Air and Climate: CA Solar Building Requirements; Updates from California Air Resources Board (CARB) on AB 617 Implementation
California Air and Climate, Vol. 3 -
June 2018California Air and Climate: Air Districts Begin Implementing AB 617 Retrofit Control Technology; SCAQMD to Regulate Indirect Sources
California Air and Climate, Vol. 2 -
April 2018California Air and Climate: Bay Area Methane; CARB Bans Refrigerants, Implements Community Air Protection and Approves Cap-and-Trade Amendments
California Air and Climate, Vol. 1 -
April 2016The 2015 Legislative Recap: Settling In and Taking a Breath
Contributor, California Environmental Law Reporter, Vol. 2016, Issue 4
Professional, Community And Pro Bono Involvement
- California Construction and Industrial Materials Association
- NatureBridge Yosemite, Board of Directors, 2016-present
- Western States Petroleum Association
- Air and Waste Management Association
- California Association of Sanitation Agencies
- California Stormwater Quality Association
- California Lawyers Association, Environmental Law Section
- American Bar Association
- Bar Association of San Francisco
- Chemical Industry Council of California
- Environmental, Energy & Climate Change Law and Regulation Reporter, Editorial Board Member, 2020-present
Honors & Rankings
- Order of the Coif