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Environmental Regulation

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Representative Experience

American Pacific Corporation
In addition to our work for American Pacific in its space flight and fine chemicals activities, we advise the company regarding the development and sale of water treatment chemicals and systems for on-shore and off-shore petroleum production facilities, as well as in water-related issues associated with production of specialty chemicals and pharmaceuticals. American Pacific is a manufacturer of active pharmaceutical ingredients and registered intermediates, energetic products used primarily in space flight and defense systems, clean fire-extinguishing agents and water treatment equipment and chemicals.
California's Proposition 65
We managed an industry response to California’s development of drinking water criteria, drinking water standards, and the scope of hazard identification of perchlorate.  Our administrative efforts succeeded in raising the concentration levels adopted by agencies sixfold above the proposed levels and secured agreements that perchlorate would not be regulated as a reproductive toxicant under California’s Proposition 65.
Great Basin Unified Air Pollution Control District
We represented the Great Basin Unified Air Pollution Control District in its efforts to control the largest source of particulate air emissions in the country, the Owens Dry Lake bed, enacting new provisions of the State Implementation Plan under the federal Clean Air Act that will involve replacing water in the lake bed and as a consequence, restoring a portion of the lost ecosystem.
Sumitomo Heavy Industries, Ltd.
We conducted environmental due diligence in connection with Sumitomo's acquisition of German injection moulder Demag Plastics Group from MPM Holdings, including drafting indemnity provisions in connection with Demag's existing and historical operations.
Union Pacific Railroad Company
We currently are representing Union Pacific Railroad Company in an effort to mediate the settlement of a case pending on appeal where the trial court granted our client's claims to invalidate air pollution rules. We also are advising Union Pacific on additional environmental matters, including health risk assessments to predict the incidence of cancer and other diseases in neighborhoods surrounding major railyards throughout CA, greenhouse gas inventory, and emissions reduction strategy.
Apple Inc.'s New Cupertino Campus
Serving as land use, CEQA, and natural resource permitting counsel to Apple in connection with a new, approximately 3-million-square-foot campus in Cupertino, California.
EOA, Inc. / Santa Clara Valley Urban Runoff
Represents 15 Silicon Valley municipalities on National Pollutant Discharge Elimination System (NPDES) stormwater permitting issues resulting from the federal Clean Water Act and California Water Code. Also represents these municipalities in total maximum daily load (TMDL) and other water quality-related proceedings and on unfunded mandate claims. Representation of the City of Sunnyvale, California also extends to permitting and enforcement issues related to its publicly owned wastewater treatment plant (POTW).
Genentech’s Headquarters Expansion Project
Advise Genentech in replanning its headquarters campus in South San Francisco, assisting in land acquisition, and securing all authorizations to double (more than 6 million square feet) the campus through approval of a new master plan, environmental impact report, and expansion of the Genentech R&D district. This project involves replacing existing buildings, infrastructure improvements, and financing for the new buildings.
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