Steven H. Goldberg
Partner
Steven Goldberg has served as one of the leading environmental litigation and compliance attorneys in California for more than thirty five years.
Known as a strategic, effective, and responsive advocate with exceptional communication skills, Steven negotiates and resolves complex disputes, often selected by other attorneys and their clients as common counsel or liaison counsel for multiple-party lawsuits. With a special focus on groundwater contamination and CERCLA matters, he has handled some of the largest contamination cases in California. He has won dismissals, handled appeals before the Ninth Circuit, and settled dozens of cases through mediation. In such cases, Steven has worked with technical experts throughout the United States on contamination matters involving solvents, petroleum products, perchlorate, PCBs, asbestos, natural resource damages, and sediment contamination. Clients appreciate his ability to focus on resolving complex environmental matters with creative approaches and presenting technical issues in a direct yet compelling manner.
Steven’s clients include Fortune 500 corporations with business interests in California and other regionally-based, publicly traded and private companies. He successfully handles multi-million dollar actions, which include government enforcement, cost recovery claims and allocation litigation, toxic tort actions, and multi-party contamination matters involving chemical and petroleum facilities, forest products, agribusiness companies, owners of large tracts of land, landfill and waste management companies, defense contractors, energy industry facilities, dry cleaners, and public entities. Steven also provides compliance advice and counsel to many companies on regulatory issues, emergency response, and risk management and uses his extensive network of contacts in the state capitol to advise clients on cutting-edge environmental issues.
Highlights include:
- Garnered substantial savings for clients via the successful negotiation of cost recovery claims by the State of California and the Environmental Protection Agency.
- Defended environmental contamination suits, saving tens of millions of dollars in claimed damages.
- Multi-million dollar recovery of client clean-up costs by pursuing allocation of costs to other potentially responsible parties.
- Substantial transaction cost savings through streamlined discovery and accelerated settlement negotiations.
Professional, Community And Pro Bono Involvement
- California Bar Foundation; Vice President, Board Member, 2017
- Leonard M. Friedman Bar Association
- American Bar Association, Subcommittee on Environmental Litigation
- Sacramento County Bar Association, Environmental Law Section
- California Lawyers Association, Environmental Law Section
- Groundwater Resources Association
- Appointee (2011-present) Contemporary Groundwater Issues Council of California; sponsored by the Groundwater Resources Association of California
- Sacramento Theatre Company Foundation, Board of Trustees
- California Independent Oil Marketers Association (CIOMA)
- Former State Water Board Appointee, representing owners/operators of underground storage tanks on a 15 member State Water Resources Control Board Task Force on the Underground Storage Tank Clean Up Fund
- Former Professional Staff Member for California State Senate Majority Leader’s Office; Staff Assistant for the U.S. House of Representatives Energy and Commerce Subcommittee handling RCRA, CERCLA and transportation issues
- Congregation B’nai Israel; Past President, Board of Trustees; Capital Campaign, Co-Chair
- Sacramento Theatre Company Board of Trustees, Past Vice-President
- California Environmental Law and Remediation Reporter, Former Editorial Board and Contributing Editor
Honors & Rankings
- Best Lawyers® 2024 Environmental Litigation “Lawyer of the Year” in Sacramento
- Best Lawyers in America©, Litigation-Environmental, 2021-2024
- Best Lawyers in America©, Environmental Law, 2023-2024
- Super Lawyers, Northern California Super Lawyer, Environmental Litigation, 2006-2023
- Sacramento Magazine, Top Lawyer, Environmental, Energy & Natural Resources, 2015-2023
- Sacramento Business Journal, Best of the Bar, 2015-2017, 2019
- Who’s Who Legal, Leading Environmental Lawyer, 2014, 2022
- Expert Guides, Leading Environmental Lawyer, 2018
Environmental Litigation (Representative Matters)
Santa Barbara Oil Spill (U.S. District Court of California, Central District)
- Led the environmental legal team in response to the Refugio Beach Oil Spill in Santa Barbara, California. The spill involved multiple federal, state, and local agencies, dozens of contractors and consultants during the emergency response and subsequent natural resource damage investigation. Worked with the Unified Command for several months on the response and subsequent clean up and supported the client in its negotiations to resolve the natural resource damage (NRDA) claims and other enforcement actions with the U.S. Department of Justice, the California Attorney General’s office, and 11 different federal and state agencies, including USEPA, the United States Departments of Transportation, Commerce, and Interior, and the California Department of Fish & Wildlife. The matter resolved following an extensive settlement and mediation process and resulted in a Consent Decree.
San Diego Harbor Litigation and Sediment Remediation
- Regulatory and litigation counsel to a multinational defense contractor that operates at a shipyard in San Diego Harbor in a $70 million dollar clean up. The matter involved parallel administrative and federal court proceedings, including CERCLA cost recovery and allocation litigation, insurance disputes, and extensive mediation. The administrative proceedings involve a Clean Up and Abatement Order (CAO) for the largest proposed sediment remediation project in the San Diego Bay, and the first site where the Regional Board required an Environmental Impact Report. Some settlements were negotiated in multiple settlement conferences with the U.S. Magistrate Judge and court-appointed mediator. Motions to approve settlements are currently pending before the U.S. District Court for the Southern District of California.
IT Landfill Sites Litigation (U.S. District Court for the Eastern and Northern Districts of California)
- Worked with large defense group and common counsel to settle litigation involving multiple landfill sites filed by the California Department of Toxic Substances. The case involved RCRA and CERCLA claims and recently resolved with cash out and participating parties. Consent Decrees are pending approval by the Magistrate District Court judge.
State of California v. N.L. Industries [Exide Battery Site] (U.S. District Court of California, Central District)
- Led the defense and ultimate dismissal of a large property development client against contribution claims under CERCLA filed by a large smelter facility (Exide battery site) for the costs of lead clean up incurred by the California DTSC for the remediation of residential properties in southern Los Angeles.
Cooper Industries Superfund Site Litigation (U.S. District Court of California- Central District)
- Defended owner and operator of metals recycling facility in multiparty CERCLA action involving the Cooper Industries Superfund Site in Los Angeles. The matter involved defense of a cost recovery action for a $40 million clean up. The matter settled in mediation and resulted in a Consent Decree.
Expert Witness in CERCLA Litigation/Insurance Dispute
- Provided testimony in arbitration in a coverage dispute between a responsible party and insurers in a CERCLA action regarding reasonable and necessary defense costs.
Crude Oil Rail Terminal Litigation
- Led the environmental defense team in an action filed by multiple environmental groups against the permitting and operation of a crude oil terminal entirely dependent on railroad deliveries. The matter included trial and appellate actions, including challenges under CEQA, preemption and air quality permits issued by the San Joaquin Valley Air Pollution Control District, and a related dispute with U.S. EPA Region IX.
Bulk Oil Storage Facility Litigation (U.S. District Court of California-Southern District)
- Recently obtained summary judgment and dismissal of a complaint for $350 million in damages against a Fortune 200 client that operates a large petroleum storage facility. The action involved a $60 million clean up of MTBE and other petroleum product contamination by the client under the supervision of the California Regional Water Quality Control Board. The property owners claimed damages for the alleged loss of water resources and lost use of redevelopment profits. The court found no evidence of damages. The plaintiffs appealed to the Ninth Circuit. Appellate briefs have been filed and the appeal is pending.
Perchlorate Contamination and Related Litigation, San Bernardino and Riverside Counties
- Lead environmental counsel for a fireworks company at a U.S. EPA Superfund site involving perchlorate and solvent contamination. Multiple federal and state court actions were litigated in the U.S. District Court for the Central District of California and Los Angeles County Superior Court. The action involved 25 potentially responsible parties, including defense contractors, property owners, several water purveyors and municipalities, and the U.S. Department of Defense. Alleged clean-up costs are in the $100 million range. The federal litigation was resolved through court approval of multiple Consent Decrees. Court proceedings involved appeals to the Ninth Circuit and U.S. Supreme Court. A parallel state court action claiming contamination and resulting damages to the City of Riverside’s water supply wells is still pending in Los Angeles County.
Dry Cleaning Facilities and Shopping Center Contamination
- Steven has been lead counsel on the clean up of dry cleaning facilities in many cities throughout California’s Central Valley. Frequently, the matters have involved litigation in federal and state court, including actions by the Cities of Lodi, Davis, Woodland, and Chico. Steven has handled cases for plaintiffs and defendants, including property and shopping center owners, real estate corporations, and public entities throughout the Central Valley of California. All matters involve working with governmental agencies.
Bulk Oil Storage Terminals Site, Yolo County
- Steven represented a Fortune 200 petroleum corporation at numerous facilities in California. He is handling a multi-party investigation and remediation of petroleum components MTBE (additive), and BTEX in soil and groundwater at a large bulk oil storage terminal and service station site in Central California. Steven assembled a team of technical and public relations experts to advise the client on regulatory compliance, UST Fund issues, community relations, and remediation strategies. He successfully negotiated a cash-out agreement for the client with another PRP that includes a remediation management agreement. Steven worked with the client to develop one of the first Public Participation Plans approved by the Regional Water Quality Control Board.
Landfill Litigation
- Lead environmental counsel for publicly traded waste management company in defending a state court action regarding closure of a landfill in Northern California, including writs before the Courts of Appeal.
- Handled a CERCLA cost recovery and RCRA action for a national alternative energy company involving the disposal of waste from geothermal energy plants to a landfill in Imperial County. The litigation was favorably settled with the landfill owners and operators after expert presentations and settlement conferences with the U.S. Magistrate Judge.
Enforcement/Clean Water Act/Natural Resource Damage Claims
- Steven has defended civil enforcement actions brought by NGOs, state and federal government agencies, and district attorneys on numerous matters involving alleged violations of federal and state laws regulating hazardous substances and wastes. He led the environmental defense team 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 federal Clean Water Act and California Fish & Game Code 5650, and the Unfair Competition Statute (Business & Professions Code sec. 17200). The actions settled with the U.S. Environmental Protection Agency and the California Department of Fish & Wildlife. Steven has also worked closely with white collar criminal defense counsel on various environmental enforcement actions involving disposal of asbestos, pesticides, petroleum wastes, solvents, and other hazardous materials and wastes.
Proposition 65 Litigation
- Led the defense of clients in various lawsuits filed under California’s Proposition 65 statute for failures to warn and the alleged unlawful discharge to drinking water. Successfully defended the discharge actions, which resulted in dismissal of the Proposition 65 action.
Environmental Remediation & Compliance (Representative Matters)
Defense Contractor, Northern California Superfund Site
- Outside environmental counsel to major defense industry contractor regarding Superfund and other environmental issues at the federal and state level, including U.S. EPA Region IX, the California Department of Toxic Substances, and the Regional Water Quality Control Board-Central Valley Region.
Pharmaceutical Manufacturer, California, Texas, Virginia
- Lead counsel to pharmaceutical manufacturing company with facilities in California, Texas, and Virginia, including defense of related enforcement actions by federal, state, and local agencies.
Ammonia Storage and Distribution Facilities
- Lead environmental counsel to the largest ammonia corporation in California, including compliance related to the client’s Risk Management Program, Process Hazard Assessment and emergency response issues under the Clean Air Act, EPCRA, and the CalARP program and related handling of enforcement-related matters with U.S. EPA Region IX.
Forest Products Company, Northern California Superfund Site
- Represented one of the largest privately held forest products companies on the West Coast, which owned 900 acres at and adjacent to the J.H. Baxter Superfund Site. Handled administrative proceedings and negotiations on allocation issues and negotiated with EPA Region IX concerning the RI/FS, and the Record of Decision. Resolved various over-filing issues with the State of California, including permit issues that arose during the implementation of the remedy with the Regional Water Quality Control Board. Obtained a technical impracticability waiver from EPA that substantially limited the scope of the remedy and reduced costs. Successfully resolved EPA’s multi-million dollar claim for past costs in the first mediation with EPA Region IX’s Superfund Program.
Oil Recycling Site, Central California
- Successfully completed a $10 million clean up at an abandoned used oil recycling facility under a Unilateral Administrative Order issued by the EPA. Met all removal deadlines, and managed NCP compliance and community relations with the EPA. Identified hundreds of additional responsible parties (including federal agencies) and allocated millions of gallons of waste volume not previously identified by the EPA. Substantially expanded the parties named to the Order, collected millions of dollars from other PRPs, and negotiated a final settlement with EPA on behalf of all settling PRPs.
National Publisher
- Environmental counsel for publicly traded national publisher with facilities in multiple states handling legacy liabilities, permitting, compliance, toxic tort and UST matters.
Announcements
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August 17, 2023Best Lawyers® 2024 Recognizes 46 Downey Brand Lawyers with Four Receiving Prestigious “Lawyer of the Year” Honors
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August 1, 202338 Downey Brand Attorneys Named Top Lawyers by Sacramento Magazine
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June 30, 202342 Downey Brand Attorneys Named 2023 Northern California Super Lawyers and Rising Stars
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August 18, 202240 Downey Brand Attorneys Honored as The Best Lawyers in America® and Ones to Watch 2023
Three selected as 2023 Best Lawyers® “Lawyer of the Year” -
August 3, 202233 Downey Brand Attorneys Named Top Lawyers by Sacramento Magazine
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July 7, 202232 Downey Brand Attorneys Named 2022 Northern California Super Lawyers and Rising Stars
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August 19, 202119 Downey Brand Attorneys picked to represent The Best Lawyers in America® 2022
Two selected as 2022 Best Lawyers® “Lawyer of the Year” -
July 7, 202130 Downey Brand Attorneys Named 2021 Northern California Super Lawyers and Rising Stars
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June 17, 202138 Downey Brand Attorneys Honored as Top Lawyers by Sacramento Magazine
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August 20, 202024 Attorneys from Downey Brand selected as The Best Lawyers in America© 2021
Two selected as 2021 Best Lawyers® “Lawyer of the Year” -
July 24, 202045 Downey Brand Attorneys Earn Top Lawyers Distinction from Sacramento Magazine
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July 8, 202025 Downey Brand Attorneys Named 2020 Northern California Super Lawyers and Rising Stars
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August 22, 201916 Downey Brand Attorneys Named Best of the Bar 2019
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June 26, 201922 Downey Brand Attorneys Recognized as 2019 Northern California Super Lawyers and Rising Stars
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May 1, 201949 Downey Brand Attorneys Distinguished as Top Lawyers by Sacramento Magazine
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July 16, 201821 Downey Brand Attorneys Selected as 2018 Northern California Super Lawyers and Rising Stars
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June 29, 2018Sacramento Magazine Recognizes 54 Downey Brand Attorneys As Top Lawyers
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September 11, 201720 Downey Brand Attorneys Named Best of the Bar 2017
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July 14, 201752 Downey Brand Attorneys Make Sacramento Magazine’s 2017 Top Lawyers List
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July 10, 201717 Downey Brand Attorneys Recognized as 2017 Northern California Super Lawyers and Rising Stars
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September 8, 201613 Downey Brand Attorneys Selected as Best of the Bar 2016
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July 15, 201660 Downey Brand Attorneys Make Sacramento Magazine’s 2016 Top Lawyers List
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July 11, 201617 Downey Brand Attorneys Named 2016 Northern California Super Lawyers and Rising Stars
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September 8, 201511 Downey Brand Attorneys Selected as 2015 Best of the Bar
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July 14, 201551 Downey Brand Attorneys Named to Sacramento Magazine’s 2015 Top Lawyers List
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July 10, 201515 Downey Brand Attorneys Recognized as 2015 Northern California Super Lawyers and Rising Stars
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July 11, 201414 Downey Brand Attorneys Recognized as 2014 Northern California Super Lawyers and Rising Stars
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July 9, 201315 Downey Brand Attorneys Named 2013 Northern California Super Lawyers and Rising Stars
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July 11, 201212 Downey Brand Attorneys Recognized as 2012 Northern California Super Lawyers and Rising Stars
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July 11, 2011Nine Downey Brand Attorneys Named 2011 Northern California Super Lawyers and Rising Stars
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July 12, 2010Eight Downey Brand Attorneys Named 2010 Northern California Super Lawyers and Rising Stars
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July 10, 2009Seven Downey Brand Attorneys Named 2009 Northern California Super Lawyers and Rising Stars
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July 9, 2008Five Downey Brand Attorneys Recognized as 2008 Northern California Super Lawyers
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July 10, 2007Four Downey Brand Attorneys Recognized as 2007 Northern California Super Lawyers
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July 9, 2006Three Downey Brand Attorneys Recognized as 2006 Northern California Super Lawyers
In the News
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July 16, 2014Mercury Cleaners Saved, Will Move Across 16th Street
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July 2009Talking the Talk: Communication Beats Environmental Litigation
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Speaking Engagements / Events
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July 2019Climate Change, Rising Sea Levels, Warming Water Temperatures, and Prolonged Periods of Extreme WeatherSpeaker, Law Seminars International: 12th Annual Santa Fe Advanced Conference on Litigating
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June 2014Oh No, Attorneys Are Working on My Project. What Do I Do Now?Co-presenter, Sacramento Professional Environmental Marketing Association
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June 2013Nitrates and Groundwater: Emerging Contaminant and LiabilityWebinar
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April 24, 2013Groundwater Nitrates WorkshopCo-presenter, The State Bar of California, Agricultural Law Conference
Blogs
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March 12, 2020Fifth Appellate District Invalidates Kern County Oil and Gas Ordinance
CEQA Chronicles
Legal Alerts
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March 21, 2023Fighting Forever Chemicals: USEPA Proposes the First Enforceable Nationwide Primary Drinking Water Standards for PFAS
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November 8, 2022Board of Environmental Safety: California’s New Hazardous Waste Permit Review Authority is Ramping Up
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August 31, 2022U.S. EPA Pushing Ahead to Designate PFOA and PFOS as Superfund Hazardous Substances
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June 29, 2022Can PFAS Chemicals in Tenths or Even Hundredths Parts Per Trillion Present a Health Risk?
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April 18, 2022California Steps Up Its Investigations and Permitting of PFAS
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January 24, 2022New Phase I Environmental Site Assessment Standard Makes Strides Towards Addressing Regulatory Uncertainty Associated With Emerging Contaminants, Such as PFAS
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June 24, 2021CalOES Proposes Rules to Clarify California Release Reporting Requirements
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March 29, 2021Latest California State Water Board Investigative Order for PFAS Targets Bulk Fuel Storage Terminals and Refineries
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October 26, 2020California Pipelines Face New Hurdles As the State Adopts Final Rules to Protect its Coastline
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July 23, 2020California PFAS Push Now Includes POTWs as State Water Board Rolls Out New Testing Order
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April 21, 2020U.S. Supreme Court Preserves Potential State Court Superfund Site Claims – But Remedial Actions Requires EPA Approval
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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 -
March 30, 2020UPDATE: EPA May Exempt Certain Manufacturers and Importers from TSCA Fees Rule
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March 23, 2020Manufacturers and Importers May Be Surprised By The New TSCA Fees Rule
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March 12, 2020Fifth Appellate District Invalidates Kern County Oil and Gas Ordinance
Environmental Law -
January 23, 2020USEPA Announces Major Actions to Address PFAS; California Water Utility Files Landmark PFAS Lawsuit in Federal District Court
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December 2, 2019U.S. Supreme Court Watch (ARCO v. Christian): Can Private Parties Sue For More Clean Up Than EPA Requires?
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October 28, 2019Revised Draft Pipeline Regulations Will Allow Longer Periods for Compliance and Will Undergo a New Round of Comments
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October 24, 2019PFAS Are Here: First Round of Results Show PFAS in California Drinking Water Supply Wells
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October 3, 2019California Fire Marshall Makes Additional Changes to its Proposed Oil Pipeline Safety Regulations
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August 28, 2019California State Water Resources Control Board Significantly Lowers PFAS Notification Levels
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May 6, 2019California Office of the State Fire Marshal Announces Expected Delay for New Pipeline Regulations and Provides Other Updates at Annual Safety Seminar
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March 13, 2019State Water Board Announces Sweeping Investigation and Phased Sampling of Potential Industrial and Municipal Sources of PFAS
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March 11, 2019California’s Proposed Requirements to Reduce Pipeline Spills Will Present New Challenges and Burdens for Industry; Comment Deadline is April 2, 2019
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February 19, 2019EPA Unveils Its Long-Awaited PFAS Action Plan – Does It Represent Any Progress?
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January 21, 2015New Proposed Proposition 65 Regulations Equal Less Help and More Hurt (and Litigation) for Industry
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January 12, 2015New Proposition 65 Warning Regulations Released Today!
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October 7, 2014California Adds Ten Years and Hundreds of Millions of Dollars to Cleanup Underground Storage Tank Sites
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September 26, 2014Uncertainty Remains Over DTSC’s Draft Priority Products Work Plan
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June 1, 2014U.S. Supreme Court Upholds State Law Claims Cut Offs for Contamination Damages
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May 13, 2014DTSC’s Initial Priority Product List – Lessons Learned
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April 29, 2014Watch for New Impacts from the Latest Environmental Justice Screening Tool
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April 15, 2014Warning! More Changes Ahead for California Proposition 65
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December 19, 2012California Department of Conservation Issues Draft Proposal to Increase Regulation of Hydraulic Fracturing
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Publications
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May 2021As the Climate Changes, So Will Natural Resource Damage Claims
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 1, Number 8 -
September 15, 2020DTSC Overhaul, Other Environmental Bills, Await Signature
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May 11, 2020Ruling Creates Certainty and Uncertainty at Current and Future Superfund Sites
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February 27, 2020New PFAS rules may increase treatment costs, spur litigation
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December 20, 2019California Heads Into the Next Decade With Over 100 New Environmental Laws
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July 11, 2019Will the Wave of PFAS Litigation Sweep Through California?
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March 28, 2019Agencies Finally Begin to Address Dangers of PFAS
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May 2015Proposed Prop. 65 Regs Equal Less Help and More Hurt (and Litigation)
California Grocer, Issue 2 -
December 2013Environmental Regulation Update
California Grocers Magazine
I enjoy spending time with my family, travelling, attending live theatre and other arts performances and going to baseball games.
Professional, Community And Pro Bono Involvement
- California Bar Foundation; Vice President, Board Member, 2017
- Leonard M. Friedman Bar Association
- American Bar Association, Subcommittee on Environmental Litigation
- Sacramento County Bar Association, Environmental Law Section
- California Lawyers Association, Environmental Law Section
- Groundwater Resources Association
- Appointee (2011-present) Contemporary Groundwater Issues Council of California; sponsored by the Groundwater Resources Association of California
- Sacramento Theatre Company Foundation, Board of Trustees
- California Independent Oil Marketers Association (CIOMA)
- Former State Water Board Appointee, representing owners/operators of underground storage tanks on a 15 member State Water Resources Control Board Task Force on the Underground Storage Tank Clean Up Fund
- Former Professional Staff Member for California State Senate Majority Leader’s Office; Staff Assistant for the U.S. House of Representatives Energy and Commerce Subcommittee handling RCRA, CERCLA and transportation issues
- Congregation B’nai Israel; Past President, Board of Trustees; Capital Campaign, Co-Chair
- Sacramento Theatre Company Board of Trustees, Past Vice-President
- California Environmental Law and Remediation Reporter, Former Editorial Board and Contributing Editor
Honors & Rankings
- Best Lawyers® 2024 Environmental Litigation “Lawyer of the Year” in Sacramento
- Best Lawyers in America©, Litigation-Environmental, 2021-2024
- Best Lawyers in America©, Environmental Law, 2023-2024
- Super Lawyers, Northern California Super Lawyer, Environmental Litigation, 2006-2023
- Sacramento Magazine, Top Lawyer, Environmental, Energy & Natural Resources, 2015-2023
- Sacramento Business Journal, Best of the Bar, 2015-2017, 2019
- Who’s Who Legal, Leading Environmental Lawyer, 2014, 2022
- Expert Guides, Leading Environmental Lawyer, 2018