- Called to find a path forward with a multiagency, high-level business and environmental groups who were deadlocked on what conditions should be imposed before the damaged Exxon Valdez could come into San Diego Bay for repairs. John recommended partitioning each group’s interest in caucuses that allowed issue-by-issue resolution which ultimately led to a quick agreement. The ship came into port and was repaired.
- Managed the first non-military California Ocean Plan exception case allowing Scripps Institution of Oceanography and Birch Aquarium to discharge wastewater into an Area of Special Biological Significance (ASBS) along the La Jolla Shore.
- Succeeded in getting the Regional Water Quality Control Board to first name a landlord secondarily liable for a stevedore tenant’s discharge of copper ore into the bay in San Diego and later in Los Angeles.
- Managed Sea World’s wastewater permitting and compliance, negotiated take permits under federal law for research and show animals.
- Oversaw the San Diego Zoo air pollution permit issues related to the disposal of animals who had passed, drafted two Panda permit importation permits, as well as leaf cutter ants and howling monkey permits.
- Instrumental in securing the first Coastal Commission and Regional Water Quality Control Board permits for the Big Bay Boom 4th of July fireworks celebration, obtaining very favorable settlement terms related to an environmental group’s lawsuit to try to stop the Big Bay Boom. (This was done pro bono as the beneficiary of the event is the San Diego Armed Service’s YMCA.)
- Led permitting and enforcement action matters related to once-through cooling water discharges from power plants, industrial discharges from shipyards and construction project discharges into bay and inland surface water bodies, livestock discharges into unlined and lined holding ponds, development project stormwater discharges into retention ponds, and hotel facility run off to bay waters allegedly impacting the biological integrity of the surface water body.
- Successfully represented numerous clients trying to sell or buy property, or that faced a cleanup order or litigation related to a former dry cleaner or an aerospace company that released chlorinated solvents into the ground water and ultimately into the air through vapor intrusion into businesses, homes and public spaces.
- Obtained favorable decisions for clients before federal, state and local agencies including EPA investigations and regarding petitions to the State Water Resources Board and the California Air Resources Board seeking action or forbearance of action by these agencies.
- Successfully argued that a local air pollution control agency did not have an enforcement right due on a local opacity rule to the federal supremacy that superintended the local enforcement right.
- Advised marinas and waterfront business operators throughout the U.S. West Coast of environmental matters.
- Represented the Port on Coastal Act issues, devising a way to allow public access to the Midway battleship, convincing the California Coastal Commission to approve the permanent placement of that vessel on the downtown San Diego waterfront.
- Obtained rush approvals for development of housing where federal or state rules blocked the projects from grading, and when certificates of occupancy were needed over the holidays, obtain approval through long standing relationships and the trust build with the agency decision makers in these cases.
Additional Environmental Matters
- Ahead of schedule, obtained Clean Water Act dredge and fill permits and state water quality certifications for several home development projects dealing with complex Waters of the U.S. and Waters of the State impact avoidance and mitigation issues.
- Negotiated multi-million dollar reduction of penalties under Regional Water Quality Control Board’s administrative enforcement action, related to an industrial operator’s alleged release of chlorinated solvent that impacted a school site.
- Successful defense of class action tort litigation filed by homeowners alleging harm from vapor intrusion, and diminution in property value.
- Removed client from involvement in Clean Water Act citizen suit alleging exceedance of stormwater effluent and receiving water limitations by showing the client’s business was not within one of the SIC Codes which subject businesses to the Industrial General Stormwater Permit obligations.
- Resolved questions related to mitigation bank client’s ledger tracking of mitigation credits so mitigation bank would be entitled to reopen and again sell credits with a favorable price-to-ratio of credits sold.
- Negotiated compliance order which allowed the client to reopen a large downtown high rise office building that had been summarily shut down by the Air Pollution Control District due to alleged releases of asbestos containing material, and helped to establish that an “occurrence” existed that triggered coverage under a pollution legal liability policy.
- Provided guidance in the development of universal and hazardous waste policies, training materials, and standard operating procedures for large telecommunication client; in that case saved millions of dollars in penalties and costs in negotiations of the Judgment on Consent with the California Attorney General and the District Attorneys.
- Provided analysis and advice on Proposition 65 issues to sophisticated national clients by working to create a list of possible scenarios (and to answer those hypothetical circumstances),with the goal to be out-in-front of these issues for the company; and the issues that might arise with their contractors, suppliers, and customers.
Additional Energy Matters
- Provided strategic legal advice to client developing biofuels research project, including FIFRA and helped them to obtain and experimental use permit to capture local algal DNA microbial strains and create genetically engineered organisms with the goal of increasing the fuel value for a largescale production of carbon neutral biofuels, the client was funded by Exxon.
- Assisted client in arguing for inclusion of more geothermal power in the CPUC’s Integrated Resource Plan – Long Term Procurement Proceeding to ensure that load serving entities (LSEs) meet targets that allow the electricity sector to contribute to California’s economy-wide greenhouse gas emissions reductions goals, and to show the CPUC’s least-cost, best-fit (LCBF) standard should include more than just price attributes for example base load, tariffs on renewable energy materials, and disadvantage community issues (jobs and tax revenue a geothermal project brings to that community) should be part of non-price attribute consideration.
- Advised energy start-up on strategies to maximize return on investment while avoiding regulation as a utility under state law.
- Drafted and negotiated power purchase agreements (PPAs), energy service agreements (ESAs) for solar, battery storage and EV for industrial and educational campuses, smart grid integration projects, co-generation and wind transactions on distributed and on utility scale projects.
