Experience
Jonathan represents a diverse client base that includes developers, property owners, public entities, auto dealerships, 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 and major development projects.
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 is very active in lecturing and organizing panels to discuss the implementation of the Global Warming Solutions Act of 2006, a California law that seeks to reduce greenhouse gas (GHG) emissions; SB97, which created a process to address GHG emissions through CEQA standards; and SB375, which requires Metropolitan Planning Organizations to develop Sustainable Community Strategies in their Regional Transportation Plans for the purpose of reducing GHG and creating sustainable livable communities.
Jonathan was the Chair of Wendel Rosen’s environmental practice group from 2000 – 2007.
Representative Matters
link to Cost Recovery and Defense matters
link to Due Diligence, Environmental Compliance and Real Property Transactions matters
link to Land Use, Permitting, and Endangered Species matters
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 also 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. Recent experience includes:
Plaintiff Cost and Insurance Recovery:
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Litigated and obtained a settlement agreement from ExxonMobil under which Exxon assumed responsibility for cleanup 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.
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Served as outside environmental counsel for the Port of Oakland on numerous cost recovery cases related to redevelopment of Port properties during the past 17 years.
Prosecution and Defense of Real Property Fraud Claims:
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Defended client alleged with fraud in real property transaction and obtained insurance funding to defend case, investigate site and perform the necessary remediation to obtain site closure at the cost of insurance company.
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Currently prosecuting fraud and cost recovery case against former owners and operators of auto dealer/service facility on four acre site in Palo Alto.
Plaintiff Cost Recovery:
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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.
Polanco Act:
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Assist property owners in defense against unreasonable government conduct related to contamination cleanups in condemnation proceedings.
UST Cleanup Fund:
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Represent numerous property owners to obtain reimbursements from the State of California UST Cleanup Fund.
DUE DILIGENCE, ENVIRONMENTAL COMPLIANCE AND REAL PROPERTY TRANSACTIONS
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. Recent experience includes:
Regulatory and PRP Negotiations/Management of Consultants:
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Lead outside environmental counsel for Port of Oakland on potential responsible parties (PRP) negotiations and compliance with Regional Water Quality Control Board (RWQCB) order involving multiple PRPs at the fuel farms supplying Oakland International Airport. This has also involved regulatory negotiations concerning a multi-year phased cleanup due to the decommissioning of the old tank farm facilities and constructing new state of the art fueling facilities. No litigation filed to resolve this case.
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Successfully negotiated settlements for investigation, cleanup costs, and indemnity from prior owners and operators, such as major oil companies, at numerous locations for property owners without resorting to litigation.
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Successfully negotiated numerous settlements and agreements regarding scope of investigation and cleanup, including DTSC, U.S. EPA, U.S. DOJ several regional RWQCBs, and numerous county health/environmental departments. In most of these cases, Jonathan retained and/or directed and managed the conduct of the investigations, regulatory reports, and negotiations.
Brownsfields:
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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.
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Assisted client with negotiations of first voluntary cleanup agreement under DTSC’s Brownsfield’s program for the redevelopment of a former coal-gas manufacturing site into a multiplex cinema in Oakland. Successfully pursued cost recovery against utility company for cleanup costs and economic damages attributable to delayed development losses.
Environmental Due Diligence:
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Advise clients, including several national corporations, in environmental due diligence for purchase and lease and refinance transactions.
LAND USE, PERMITTING, AND ENDANGERED SPECIES
Jonathan advises clients on development permits for major projects, including CEQA and NEPA compliance and drafting of EIRs (including air and water quality issues); risk assessment; contaminated site closures and cost-effective reuse strategies; negotiation of mitigation plans for endangered species; wetlands delineation and exemption claims, mitigation and restoration policies; and selection and management of consultants to reduce costs and ensure achievement of client objectives. Recent experience includes:
CEQA/NEPA:
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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.
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Defended client and City of Berkeley in litigation related to project approval pursuant to a CEQA exemption, which was successfully resolved in favor of the City.
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Assisted Port of Oakland on CEQA compliance related to cleanup actions and site reuse.
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Wrote White Paper for Alameda County Congestion Management Agency (ACCMA) explaining AB32, SB375 and the challenges and available opportunities to ACCMA.
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Defended CEQA and legal challenge brought by a citizen group related to Napa County’s approval of 360-acre vineyard development.
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Advised major Napa Valley vintner on CEQA, wetlands and vineyard development permits.
Clean Water Act Permits:
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Defended developer client from Corps enforcement proceedings 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, without litigation and without payment of any civil penalties.
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Defended developer client from potential RWQCB fines and penalties related to failure to control stormwater discharges during major storm events.
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Defended and successfully settled (for several thousand dollars) RWQCB threatened enforcement action with potential fines of several million dollars.
Endangered Species Act:
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Represent national housing developer in Central Valley project in connection with strategies and mitigation measures in connection with areas impacted by wetlands, Vernal Pool Habitat Critical Designation, and possible presence of the California Tiger Salamander.
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Represented owner of proposed 360-acre Napa Valley vineyard project in connection with existence of the endangered red legged frog on the property.
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Assisted developer on issues related to an endangered Salt Marsh Harvest Mouse.
Click here to view a list of Jonathan's representative litigation cases
Education
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University of California, San Francisco, Hastings College of the Law; J.D., cum laude, member of Thurston Society (1987)
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Golden Gate University; M.P.A. (1979)
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University of California, Santa Cruz; B.A., Politics (1976)
