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Practice Areas
Environmental
Green Business
Land Use
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.
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 was the Chair of Wendel Rosen’s environmental practice group from 2000 - 2007.
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. Recent experience includes:
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 which potentially impacted the endangered Salt Marsh Harvest Mouse.
Defended client in CEQA litigation against him and City of Berkeley which was successfully resolved through settlement.
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, without any extra litigation required and without payment of any civil penalties.
Defended developer clients from potential RWQCB fines and penalties related to failure to control storm water discharges during major storm events.
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.
Represented owner of proposed 360 acre Napa Valley vineyard project in connection with existence of the endangered red legged frog and legal challenge brought by a citizen group related to Napa County’s approval of the Erosion Control Plan.
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. Recent experience includes:
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.
Defense of Real Property Fraud Claim:
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.
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.
Polanco Act:
Assist property owners in defense against unreasonable government conduct related to contamination cleanups in condemnation proceedings.
UST Cleanup Fund:
Represent numerous property owners to obtain reimbursements from the State of California UST Cleanup Fund.
Litigation
Click here to view a list of Jonathan's representative litigation cases.
Due Diligence and Real Property Transfers
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:
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 lease and refinance transactions.
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) | 