Energy and environmental regulation

 
 

1. Environmental Permitting and Compliance

MCI/WorldCom. - (Fiber optic cable permits)
Represented MCI/WorldCom in successful negotiations with Corps of Engineers, NOAA, California Lands Commission and California Coastal Commission to obtain environmental permits required to land trans-Pacific fiber optic cables on the California coast.

Castle & Cooke Inc. - (Hawaii groundwater contamination)
Advised landowner on cleanup of agricultural pesticides found in groundwater sites in central Oahu,Hawaii.

Longs Drug Stores, Inc. - (Hawaii groundwater contamination)
Defended Longs against claims by Corps of Engineers and Hawaii Department of Natural Resources alleging Clean Water Act §404 violations in connection with construction activity in Hawaii. 

Kaiser Aluminum & Chemical Corp. - (Environmental due diligence)
Represented Kaiser in review of plant operations and environmental compliance as part of due diligence related to sale of chemicals division.

S.H.Cowell Foundation, Marble Valley, CA. - (California groundwater contamination)
Represented landowner in negotiations with state and local regulatory agencies related to potential source of groundwater contamination of large undeveloped rural property.

Marwais Steel Corp, Point Pinole, CA - (Environmental due diligence)
Advised steel company on obligations related to cleanup of former mill site.

Williams & Lane Corp, Berkeley, CA - (California groundwater contamination)
Advised property owner in negotiation with state agencies on groundwater contamination of industrial property.

Coherent, Inc, Palo Alto, CA - (California groundwater contamination)
Defended laser equipment manufacturer against California Department of Health Services and adjacent landowners claims regarding groundwater contamination at the Stanford Industrial Park. 

Wiltel Inc. - (Environmental permits)
Advised fiber optic cable installer in obtaining environmental permits required to install California North-South fiber optic cable system and in acquisition of abandoned utility pipelines.

Coast  Wood Preserving, Inc. - (California groundwater contamination)
Advised client on cleanup obligations related to groundwater contamination of industrial site in Mendocino County CA.


2. Environmental Litigation

Louisiana-Pacific Corp. - (Defense of Superfund claims)
Represented Louisiana-Pacific in defense of federal Superfund claims by EPA and adjoining landowner related to soil and groundwater contamination at lumber mill and hardboard manufacturing plant in Oroville, CA.

CertainTeed Corp. - (Defense of Superfund claims)
Represented Certainteed Corp in defense of federal Superfund claims brought by EPA re air, soil and groundwater contamination of former asbestos pipe manufacturing plant in Alviso, CA. 


3. Energy Law and Regulation

Alabama Power Co. v. FERC, 685 F2d 1131
Represented Utah Power & Light Co and other hydroelectric generators in challenging FERC’s interpretation of §7(a) of the Federal Power Act upholding a municipal preference in the relicensing of Federal hydroelectric projects.
View decision

Hawaiian Electric Co. - (Deep water power cable research)
Represented electric utility company before Congress and the Department of Energy. Obtained federal funding and monitored Congressional activity in connection with feasibility studies and installation of a prototype high voltage power cable linking geothermal sources on the island of Hawaii and electric load centers on Oahu. 

Maui Electric Company v. MCI Constructors, Inc. - (Standby electrical power plant)
Represented electric utility in claims dispute regarding delays in the installation of gas turbine generators.


Hydroelectric Licensing

Represented various small hydroelectric power developers in licensing proceedings before Federal Energy Regulatory Commission.
   
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