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Services
Litigation
Environmental
Commercial Litigation
Energy & Sustainability
Education
University of California, Davis (J.D., 1995)
University of California, Los Angeles (B.A., 1991)
Admitted to Practice in California
Pete is listed in
Chambers USA and
Who’s Who Legal: California as among the top environmental practitioners in
California. As noted in Chambers 2008: “Clients appreciate his strong bonds with regulatory bodies, identifying him as ‘a
tactical thinker with extraordinary skill in navigating regulatory matters and compliance work.’” He has also been named a
“Super Lawyer” and is "AV" rated by Martindale-Hubbell.
Pete, a partner in the firm’s Los Angeles office, represents an array of clients in all aspects of contaminated sites. This
includes strategic advice regarding the investigation, cleanup and redevelopment of brownfield sites, as well as emerging
issues such as vapor intrusion. He routinely interfaces with USEPA Region IX, the California Department of Toxic Substances
Control (DTSC), the State Water Resources Control Board (SWRCB), and various Regional Water Quality Control Boards, and has
appeared in numerous administrative proceedings before these and other agencies. Pete was appointed by the Director of the
DTSC as a member of its Brownfield Revitalization Advisory Group, which he has actively participated in since 2007.
Pete has also represented clients in connection with numerous USEPA Region IX and state Superfund, RCRA and sediment cleanup
sites. When necessary, his broad litigation experience extends to federal and state courts, including successfully defending
many cost recovery, toxic tort and citizens´ suits. See, e.g.,
Carson Harbor Village, Ltd. v. Unocal Corp., 287 F.
Supp 2d. 1118,
aff’d at 433 F. 3d 1260 (9th Cir. 2006) (granting client summary judgment in favor of client and
establishing NCP compliance as prima facie element of cost recovery claim under CERCLA).
Additionally, Pete advises various private and public sector clients regarding compliance with the federal Clean Water Act,
state NPDES storm water permit requirements, as well as groundwater quality and cleanup requirements under California’s
Porter-Cologne Water Quality Act. His experience includes successful challenges and administrative appeals of agency
determinations, as well as subsequent writ actions in California trial courts.
Pete received his J.D. from the University of California, Davis in 1995, where he was the executive editor of the Law
Review, and his B.A. from the University of California, Los Angeles in 1991.
Representative Experience
Brownfield Redevelopment
- Represent developer seeking first-of-its kind approval for large single family residential project at former oil field
disposal site, utilizing state-of-the-art barrier and sub-slab depressurization technology to mitigate potential vapor
intrusion concerns.
- Represent developer in connection with proposed mixed-use project and adjacent medical office complex at former
manufacturing site in West Los Angeles impacted by VOCs; client obtained “no further action” determination from the Los
Angeles Regional Water Quality Control Board (LA Regional Board) for its first phase parcel.
- Represented landowner in negotiating various environmental agreements with its PRP tenant in connection with the
investigation/remediation of VOC contamination at the former Papermate Pen manufacturing facility in Santa Monica, and eventual sale to a national development company.
Site Cleanups
- Defended landowner in proceedings before the Central Coast Regional Board involving adjacent facility’s demand for joint allocation of responsibility for regional VOC groundwater plume; developed historical and technical information which resulted in finding of no liability for client and corrective action directives solely against source site.
- Achieved timely site closure determination at a RCRA-permitted facility on behalf of large aerospace company, following negotiation of focused corrective action agreement with DTSC.
- Represent aerospace components supplier in RCRA corrective action under DTSC oversight to address hexavalent chromium, perchlorate and VOC contamination in soil and groundwater.
- Defended global oil company in connection with a UAO issued by USEPA Region IX under RCRA § 7003 in connection with the Charnock MTBE Site; achieved favorable “good faith” cash-out settlement determination in related litigation with municipal plaintiff.
- Represented clients at the following Region IX Superfund Sites: San Gabriel Valley (SEMOU, BPOU, and PVOU), Operating Industries, Casmalia, and Patterson.
NPDES & Water Quality
- Represent a large aerospace company in connection with various NPDES permitting issues before the LA Regional Board, including a successful request for stay and appeal of certain permit conditions before the SWRCB.
- Represent a national airline regarding an ongoing groundwater remediation project at LAX under oversight of the LA Regional Board.
- Represent a regional energy company with regard to ongoing, multi-party sediment cleanup issues in the San Diego Bay.
- Advising a California public school district on compliance with storm water permit requirements in connection with largest ongoing facility construction initiative in client’s history.
- Represented world’s largest retail center operator in connection with storm water compliance at $400 million shopping center redesign; convinced LA Regional Board that post-construction controls were adequate, resulting in rescission of NOV and avoiding need to implement costly additional controls.
Litigation
- Recently obtained District Court approval for manufacturing clients’ Consent Decree with USEPA and “good faith settlement” determination in San Gabriel Valley Superfund Site groundwater litigation, including “bar order” precluding any future CERCLA cost recovery claims (resolving a key issue created by the Supreme Court’s Atlantic Research decision in 2007).
- Jointly defending large energy and oil companies in a multi-party CERCLA/RCRA action, based on alleged historic drilling mud disposal in the vicinity of the Sacramento Delta.
- Successfully resolved citizen suits filed by prominent citizens’ group under the Clean Water Act against homeowner clients based on alleged violations of storm water permit requirements, including disputed issues with the Army Corps of Engineers, LA Regional Board, and City of Los Angeles.
Published Decisions
- Carson Harbor Village, Ltd. v. Unocal Corporation, 433 F. 3d 1260 (9th Cir. 2006).
- Carson Harbor Village, Ltd. v. Unocal Corporation, 287 F. Supp. 2d 1118 (C.D. Cal 2003).
- In the Matter of the Petition of The Boeing Company, Order WQ 2006-002.
- In the Matter of the Petition of The Boeing Company, Order WQ 2006-007.
