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Practice Areas
Experience
Jonathan represents a diverse client base that includes
developers, property owners, public entities, retail
and manufacturing businesses. His practice emphasizes
land use planning, hazardous waste litigation and environmental
issues related to the cleanup, reuse or development
of contaminated properties.
A former assistant city planner and special consultant
to the City of Berkeley's Hazardous Materials Program,
Jonathan brings both public administration and technical
environmental experience to bear when helping clients
to meet the challenges of governmental compliance and
permitting for large scale development projects.
Jonathan has been the Chair for the Environmental Practice
Group since 2000.
Representative Matters
Land Use, Permitting, and Endangered Species
Jonathan advises clients on development permits for
major projects, including NEPA and CEQA compliance (including
air and water quality issues); risk assessment; contaminated
site closures and cost-effective reuse strategies; negotiation
of avoidance and mitigation plans for endangered species;
wetlands, delineation and exemption claims, mitigation
and restoration policies; selection and management of
consultants to reduce costs and ensure achievement of
client objectives.
- NEPA/CEQA: Advised developer for reuse of
Mare Island Navy Dredge Disposal Ponds in connection
with preparation of EIS/EIR and response to comments
for proposed commercial reuse and wetlands restoration.
- Clean Water Act Permits: Defended client
from Corps enforcement proceedings; avoided civil
penalties and obtained after-the-fact permits for
filling of more than five acres of wetlands in connection
with a housing and marina development project adjacent
to the Sacramento delta.
- Endangered Species Act: Represent national
housing developer in connection with strategies and
mitigation measures in connection with areas impacted
by wetlands, Vernal Pool Habitat Critical Designation,
and possible existence of the California Tiger Salamander.
Cleanup Cost Recovery and Defense
Jonathan represents plaintiffs and defendants in prosecuting
or defending actions to recover costs and damages related
to cleanup of contaminated properties. He represents
property owners to obtain insurance to investigate and
remediate contaminated sites. He represents owners of
underground storage tanks in obtaining reimbursement
of cleanup costs from State of California Underground
Storage Tank (UST) Cleanup Fund.
- Plaintiff Cost and Insurance Recovery: Litigated
and obtained a settlement agreement from ExxonMobil
under which Exxon assumed responsibility for clean
up of extensive petroleum contamination and methane
gases from the subsurface of approximately 25 acres
of land at no cost to client. Also obtained reimbursement
of litigation expenses from client's insurance carrier.
- Insurance Recovery and Defense: Defended
client alleged with fraud in real property transaction
and obtained insurance funding to defend case, investigate
site and do necessary remediation at cost of insurance
company.
- Plaintiff Cost Recovery: Litigated case against
U.S. government at a formerly utilized defense site
(FUDS) and obtained judgment and consent order under
which the U.S. government and other responsible parties
paid damages to client and assumed all responsibilities
for further cleanup.
Real Property Transfer
Jonathan provides legal advice, review, and oversight
for the leasing, sale and purchase, and redevelopment
of contaminated real property, including coordination
with environmental consultants, negotiation with environmental
regulators and permitting agencies, drafting of environmental
indemnity provisions, and assisting clients in the performance
of due diligence for real estate transactions.
- Brownsfields: Negotiated and worked on team
to sell a Brownsfield site (former contaminated auto
dealership with full service garage) utilizing both
private environmental insurance and State of California
UST Cleanup Fund to facilitate sale and redevelopment
of site into mixed-use commercial and residential
site in Oakland, California.
- Environmental Due Diligence: Advise clients,
including several national corporations, in environmental
due diligence for purchase and leasing transactions.
- Polanco Act: Assist property owners in defense
against unreasonable government conduct related to
contamination cleanups in condemnation proceedings.
Additional
Representative Litigation Cases
Admissions
- State Bar of California
- United States District Court, Northern District
of California
- United States Court of Appeals, Ninth District
Speaking/Teaching (Recent List)
Affiliations
- State Bar of California; Real Property Section,
Environmental Law Section
- Alameda County Bar Association
- Fair Campaign Practices Commission; Principal Staff,
1981 to 1984
- Assistant City Planner, Daly City, 1979 through
1980
Publications
- "Finally, a Practical Approach to Evaluating
Potential Vapor-Intrusion Problems in Real Estate
Transactions," co-author with Greggory C. Brandt,
California Real Estate Journal, March 24, 2008
- "New
Vapor Intrusion Legislation and Industry Standards
Will Increase Costs and Time for Real Estate Transactions,"
Wendel Rosen Client Alert, December 14, 2007
- "Vapor
Intrusion: New Focus for Due Diligence," co-author
with Greggory C. Brandt, Brownfield News, June
2007
- "Environmental
Liability Protection for Tenants," co-author
with Greggory C. Brandt, Area Development,
February/ March 2007
- "California
UST Fund Facilitates Brownfield Cleanup" co-author
with Greggory C. Brandt, Brownfield News, February
2007
- "Exposure
to Mold Alone Not Sufficient to Establish Damages,
" Bay Area Home Builder, co-author with
William C. Acevedo, October/ November 2006
- “Prepare
or Perish -- How apartment owners protect against
catastrophic mold loss,” co-author with Peter
J. Laufenberg, California Real Estate Journal,
October 23, 2006
- "Strategies
for Cost Recovery and Development after Cooper
v. Aviall," co-author with Greggory C. Brandt,
Brownfield News, October 2006
- "New
Rules For Environmental Due Diligence," The
Wendel Report, Fall 2006
- "Clear As
Mud, Supreme Court Provides Scant Guidance for Determining
Federal Jurisdiction Over Wetlands," The Recorder,
co-author with Thiele R. Dunaway, August 2, 2006
Education
- University of California, San Francisco, Hastings
College of the Law; J.D., cum laude, member of Thurston
Society (1987)
- Golden Gate University; M.P.A. (1979)
- University of California, Santa Cruz; B.A., Politics
(1976)
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