Theodore Weiss

Experience

Litigation

• Represents clients in private party and civil enforcement matters brought pursuant to or involving CERCLA, RCRA, Clean Air Act, Clean Water Act, Toxic Substances Control Act, Hazardous Substance Account Act, Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) and state common law claims.
• Represents international footwear company in an action brought by a public interest group alleging violations of California’s Proposition 65 related to the alleged presence of hexavalent chromium in leather footwear.
• Represented owner in environmental litigation seeking recovery of approximately $30 million in remediation costs against prior owner/operators relating to industrial property in Vernon, California.
• Represented hazardous waste transporter and recycler in a toxic tort action brought by hundreds of plaintiffs alleging personal injuries from releases at a lead-acid battery recycler in Vernon, California.
• Represented major paint manufacturer in enforcement litigation brought by the South Coast Air Quality Management District alleging sale and distribution of coatings exceeding limits on concentrations of volatile organic compounds.
• Represented ranching company in a lawsuit involving acid mine drainage from an open-pit mining operation, including claims relating to water rights, common law tort claims and CERCLA.
• Represented an EPA contractor concerning the release of acid mine drainage from an abandoned Colorado mine and ensuing liability under CERCLA.
• Represented a major golf resort in litigation with respect to water diversion and real property torts, including nuisance, trespass and negligence.
• Represented a solar power company in a contractual dispute with its general contractor concerning the transfer of ownership and the right to past and future payments for power produced by the project.

Regulatory

• Counsels clients on environmental regulations and requirements under federal, state and local law, including issues pertaining to permits and licenses, water rights, and stewardship programs.
• Counseled golf course operator in dispute concerning groundwater replenishment assessment charges imposed by local water districts and Native American tribe.
• Provided guidance and counseling to international automotive company regarding a $150 million grant from the California Air Resources Board to develop fueling infrastructure for zero and near-zero emission heavy-duty vehicles and off-road equipment.
• Counseled national health care consortium concerning its underground storage tank and financial responsibility obligations under federal and state law.
• Advised medical supply company concerning compliance with California’s Pharmaceuticals and Sharps Waste Stewardship Act, which requires “cradle-to-grave” management of such products.
• Counseled a private landowner in a proceeding before a federal water master in connection with a water rights claim.
• Defended an administrative action by the Department of Toxic Substances Control against a construction contractor alleging the unlawful transportation of hazardous waste.
• Assisted counsel for an electric generation facility in connection with an environmental enforcement action by the California Coastal Commission.

Transactions

• Advises clients on all aspects of environmental due diligence for mergers and acquisitions and property transactions, including negotiation of representations and warranties, indemnities and other contractual terms, oversight of environmental investigations and placement of insurance.
• Represented client on the purchase of a multi-state processed food manufacturing company, including implications of Connecticut’s environmental transfer law on the transaction.
• Represented a real estate investment group in the assessment and purchase of environmentally contaminated commercial properties in Los Angeles.
• Represented a car dealership in its purchase and redevelopment of a brownfield property.
• Negotiated and placed pollution legal liability insurance policies for Brownfield properties slated for redevelopment.