Represents clients defending and pursuing claims under federal environmental statutes, including RCRA and CERCLA cost-recovery actions.  Recent successes include obtaining summary judgment in favor of a client in a multi-party environmental cleanup cost recovery action.

Recently tried conservation easement case involving a charitable contribution deduction on the donation of 500 acres along five miles of navigable water near the Atlantic Ocean. Decision pending in the United States Tax Court.

Recently tried conservation easement case involving the disallowance of a charitable contribution deduction on the donation of a golf course to a conservation easement. Decision pending in the United States Tax Court.

Representation of private sector clients in acquisition of land use entitlements (e.g., general plan amendments, zoning amendments, conditional use permits) for commercial, residential, and natural resources development projects.

Lead attorney for remediation of Sacramento Railyards, a 243-acre brownfield in downtown Sacramento. Representation of PRPs before the Georgia Department of Natural Resources, California State Water Resources Control Board Underground Storage Tank Cleanup Fund, the California Department of Toxic Substances Control, and the U.S. Environmental Protection Agency.

Representation of public agencies and developers in preparation of, and litigation over, its environmental documents prepared pursuant to the National Environmental Policy Act.

Representation of private clients seeking development permits before the Army Corps of Engineers.

Representation of El Dorado County before the Sacramento Area Council of Governments (SACOG) regarding formulation of Metropolitan Transportation Plan and Metropolitan Transportation Improvement Program.

Private action under CERCLA arising out of battery-breaking site near Richmond, Virginia. Defended four corporations among more than 100 in case, which settled after discovery.

Claims of more than 200 individuals for personal injuries arising from exposure to VOCs in well water. Took depositions of 20 plaintiffs, and case was settled before expert phase of discovery.

The IRS denied fuel excise tax credits for industrial vacuum loaders known as “Guzzlers” used by an industrial waste removal company. The government recognized the hazards of litigating the case and agreed for purposes of this case that the equipment qualified as Off-Highway Vehicles engaged in an off-highway business use and, therefore, qualified for the fuel excise tax credit.

IRS conceded challenge to Amendment Clause in Conservation Easement and settled on eve of trial reducing the alleged deficiency by more than $1.2 million.

Nxegen, LLC et al. v. Comverge, Inc. (D. Connecticut)

At the client’s request, we took over the defense of a large and hotly-contested patent infringement case brought by Nxegen LLC and Nxegen Holdings Inc. The patents involved systems and methods for remotely monitoring and adjusting energy usage. Facing a tight discovery schedule, we managed to produce, review and analyze a voluminous number of documents, take and defend approximately 30 depositions in a ...

Represented solar, wind, and biomass renewable energy developers in the structuring of entities to raise equity and debt supported by tax credits and grants.

Represented the plaintiff to a satisfactory resolution in companion litigation in Georgia and Colorado to enforce restrictive covenants and obtain protection against the misappropriation of trade secrets.

Represented Wellons Group, a manufacturer and operator of renewable energy co-generation systems using biomass as fuel. Wellons enters business relationships with industrial facilities with needs for steam and electricity usage whereby Wellons enters into leasing, financing, and power purchase agreements with those facility owners for purposes of Wellons’ establishment and operation of biomass-fuelled co-generation systems on the facility owner’s ...

Represented Pristine Sun, LLC as the borrower on a $3.2 million credit facility provided by Partners for Growth IV, LLC, as the lender. Acted as counsel for the borrower, reviewed and negotiated the loan agreement and numerous collateral agreements, issuing an opinion as counsel to the borrower.