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Robert L. Falk Partner
Email: rfalk@mofo.com Phone: (415) 268-6294 Fax: (415) 268-7522 |
Robert L. Falk's practice currently includes water quality, toxic tort/mold, Superfund/Natural Resources Damages and Proposition 65/Consumer Fraud/Unfair Competition/Class Action litigation; environmental compliance counseling and permitting; the negotiation of cleanup requirements and indemnities; and the resolution of government enforcement actions and citizens' suits. He regularly appears for clients in state and federal courts and before a variety of administrative, regulatory and legislative bodies.
Mr. Falk is one of the country's leading experts in the Clean Water Act and California Water Code, the defense of citizens' suits, and the regulation of storm water runoff from industrial activities, construction sites and municipal storm sewer systems. He is also a leading practitioner with respect to California's Proposition 65, the Unfair Competition Act, the Consumer Legal Remedies Act and other consumer class actions. His CERCLA-related experience includes matters involving soil and groundwater contamination, natural resources damages, and cost recovery and contribution actions.
Mr. Falk is Chair of Morrison & Foerster’s Land Use and Environmental Law Group. He previously has served as Chair of the American Bar Association's Standing Committee on Environmental Law.
Mr. Falk is listed in the 2006 and 2007 editions of The Best Lawyers in America as a leader in the fields of Environmental law.
Representative Matters
- AESI v. Mars, et al. (involving Proposition 65 and personal injury claims concerning lead and cadmium; obtained dismissal with prejudice after demonstrated that these constituents were naturally occurring, reduced to the lowest level feasible, and posed no significant risk/no observable effect).
- Represent 15 Silicon Valley municipalities and periodically advise the California Storm Water Quality Task Force, and Bay Area Association of Stormwater Management Agencies in connection with NPDES permitting and other water quality matters, including the establishment of total maximum daily loads (TMDLs) and related allocations and implementation plans.
- Represented Nestle USA concerning a site having substantial soil and groundwater contamination. Generated a fund from the other PRPs that was sufficient to 1) address the investigation and remediation requirements,
- 2) contract for a guaranteed remediation backed by an independent insurance policy, and 3) provide compensation to the property owner for costs and economic losses incurred.
- Represented the Santa Clara Valley Water District in a CERCLA Natural Resources Damages Action concerning mercury contamination in the Guadalupe River Watershed and South San Francisco Bay. Avoided litigation expenses through a collaborative damages assessment and, ultimately, settlement process, bringing 5 other PRPs to the table.
- Obtained favorable summary judgment in a mold contamination/personal injury and product defect case filed against lessor of modular buildings and portable classrooms (Felicijan v. Mobile Modular Management Corporation, Orange County Superior Court No. 01CC15991).






