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Environmental, Health and Safety

  • Represented a large manufacturer of paint products in a significant toxics action in San Francisco with numerous parties.  Upon receipt of the action, factual information was gathered and a declaration supporting a dismissal of the client was prepared.  Communication was established with Plaintiff's counsel and the client was dismissed from the action prior to expiration of the time within which to respond to the complaint.

 

  • Worked on a major Superfund project involving groundwater contamination.  Developed a strategic focus for numerous legal, environmental, financial, insurance, risk management, and public affairs issues.  Established proactive communication with federal, state and local regulatory agencies.  Made numerous trips to San Francisco to negotiate a Consent Decree with the EPA.

 

  • Served as counsel for a large corporation in a United States Senate Subcommittee Hearing on toxics in the workplace.  Assisted in the preparation of the written presentation and the appearance of the corporate officer.  Media and public affairs issues were effectively addressed.  Attended the hearing wherein the presentation was well received by the United States Senate Subcommittee.

 

  • Served as a moderator of an environmental issues panel at a Western White House Briefing Conference in Century City, California.  The conference was well attended and focused on small businesses and issues relevant to them.

 

  • Represented a corporation that performed work at an industrial facility.  The work invovled the use of chemicals and alleged toxic exposure. Defended the client in a civil action and filed a related declaratory relief action against an insurance company.  Perpared a memorandum involving the duty to defend and indemnify. The memorandum set forth an analysis of the status of the law and facilitated a successful resolution of the client's declaratory relief action.

 

  • Represented a large environmental insurance company in a matter involving a splill of refined petroleum product by an over turned tank truck on a public road adjacent to an ocean beach.  A cleanup was effected, and a fish bioassay test was utilized in addressing regulatory concerns.

 

  • Represented a corporation in CAL and FED-OSHA regulatory investigations and administrative appeals concerning health and safety issues. Successfully defended the client and resolved complex regulatory citations.  Negotiated the settlement of a large number of alleged violations with FED-OSHA on behalf of the client.  Media and public affairs issues were effectively addressed. 

 

  • Provided legal advice on permits, variances and regulatory compliance issues before the South Coast Air Quality Management District. Provided representation on inspections, citations, appeals and variance proceedings.  Negotiated the settlement of a large number of alleged violations following a lengthy inspection of a client's facility.

 

  • Represented a corporate client in a toxic torts case alleging exposure to a substantial number of people.  Plaintiff's alleged witnesses, numerous in number, suggested the potential for a class of similarly situated individuals.  Immediate discovery was conducted, and deposition testimony facilitated a prompt and satisfactory resolution of the litigation.

 

  • Successfully defended a corporate client in the oil industry.  This was a multiple count criminal matter involving alleged violations of environmental laws.  Upon briefing and oral argument all counts were dismissed.

 

  • Represented a corporation in a federal Ninth Circuit Court of Appeals case concerning the corporation's purchase of certain real estate that it subsequently learned was contaminated.  After oral argument and decision, a resolution of the case occurred and facilitated an acquisition of the corporation.

 

 

 

 

© The Law office of Thomas J. Smith 2014

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