Environmental Law and litigation

Attorney: Joshua A. Bloom
jab@bcltlaw.com
Tel: 415 228 5400

Joshua A. Bloom

Josh Bloom is a partner with Barg Coffin Lewis  & Trapp, LLP. His environmental and natural resources practice includes counseling, litigation, and transactional work, and extends over a broad range of areas. Among other experience, Josh was formerly a partner in the Environmental and Land Use Group at Bingham McCutchen in San Francisco, practiced in Washington, D.C., and was Senior Project Staff with the Natural Resources Defense Council in New York.

Josh's professional expertise includes:

  • Counseling clients and negotiating real estate, risk allocation and agency agreements with respect to brownfields redevelopment and risk-based cleanup
  • Environmental insurance counseling, policy negotiation and claims disputes
  • Negotiating some of the largest military base transfers in the nation, including the Presidio of San Francisco, Mare Island Naval Shipyard, Adak Island Naval Complex, Oakland Army Base, Hunters Point Naval Shipyard, and South Weymouth Naval Air Station
  • Negotiating numerous private environmental risk transfer transactions
  • Representing clients in all aspects of endangered species and wetlands matters, including Section 404 permitting, Section 7 consultations, habitat conservation plans, and criminal and civil defense
  • Environmental litigation and counseling concerning all aspects of federal and state environmental law, including among other things the Clean Water Act, CERCLA, RCRA and other hazardous substance regulations, Proposition 65 and TSCA
  • Representing clients on government contracting issues 

Education

  • University of San Francisco School of Law, J.D. magna cum laude, 1990
    Editor-in-Chief, Law Review
  • State University of New York, Albany, M.A., 1982, B.A., 1981
  • London School of Economic and Political Studies, 1980

Representative Matters

  • Negotiated a $100 million ESCA with the Department of the Army, environmental insurance, and agreements with the National Park Service, U.S. EPA and California DTSC with regard to the transfer of the Presidio of San Francisco from the Army to the Presidio Trust
  • Negotiated on behalf of the fixed price environmental remediation contractor at South Weymouth Naval Air Station in Massachusetts an ESCA with the Department of the Navy, a guaranteed fixed price contract with the master developer, environmental insurance, and agreements with the U.S. EPA and Massachusetts DEP with respect to the pending transfer of the Base from the Navy to the redevelopment agency
  • Represented a site owner with regard to the transfer of the Oakland Army Base, and negotiated the ESCA, insurance policies, and regulatory agreements
  • Represented a native Alaskan corporation with regard to the transfer of Adak Island from the Navy to the corporation under the Alaska National Interest Lands Conservation Act and Alaska Native Claims Settlement Act
  • Represented the fixed price environmental remediation contractor with regard to the transfer of Mare Island from the Navy to the City of Vallejo, and negotiated the ESCA, GFPC, insurance policies and regulatory agreements
  • Represented Yolo County with regard to the transfer of the Davis Communications Site from the Air Force to the County
  • Negotiating the ETCA, guaranteed fixed price remediation contract, environmental insurance agreements, and regulatory consent agreements at Hunters Point in San Francisco.
  • Represented a site purchaser with regard to a former Naval base in Southern California
  • Counseled various clients and negotiated agreements with the U.S. EPA with respect to PCB regulations under TSCA
  • Defended a Fortune 100 company in a lawsuit brought by the Department of Justice and EPA alleging unpermitted discharges to waters of the United States. The government initially sought $80 million in penalties and injunctive relief. We were able to settle the matter for a civil penalty of $300,000.
  • Defended a lead and asbestos abatement firm from charges alleging illegal discharges to San Francisco Bay. Avoided criminal charges and settled the civil case on favorable terms.  
  • Represented a site owner in defending a potential abatement order from the Regional Water Quality Control Board with regard to MTBE contamination
  • Defending a developer against Endangered Species Act "take" allegations by the U.S. Attorneys office. No indictment was issued.
     
  • Defended a lead and asbestos abatement firm in charges alleging illegal discharges to San Francisco Bay. Avoided criminal charges and settled the civil case on favorable terms.
     
  • Negotiated a $100 million remediation stop loss policy and a $50 million pollution legal liability policy for the Presidio Trust with regard to the transfer of the Presidio of San Francisco from the U.S. Department of the Army to the Trust and Department of the Interior.
  • Negotiated a $57 million remediation stop loss policy and a $150 million environmental legal liability, professional liability and contractors pollution legal liability policy with regard to the transfer of the Mare Island Naval Shipyard from the U.S. Department of the Navy.
  • Negotiated a significant cost cap and pollution legal liability policy with regard to the pending transfer of the South Weymouth Navy Air Station in Massachusetts.
  • Negotiated $30 million cost cap and pollution legal liability policies with regard to the transfer of the Oakland Army Base from the U.S. Department of the Navy.
  • Negotiated numerous cost cap and pollution legal liability policies for private environmental liability assumption firms and developers and property purchasers with regard to CERLCA, RCRA and other contaminated sites in California, Florida, Michigan, New York, Tennessee, and Wisconsin
  • Represented an environmental liability assumption firm in a number of liability assumption transactions in California, Florida, Michigan, New York, and Tennessee, negotiating liability assumption agreements, environmental insurance agreements, regulatory agreements, and remediation agreements and qualified settlement fund trusts.
  • Represented an environmental liability assumption firm in a significant transaction concerning a CERCLA site in Wisconsin, negotiating the liability assumption, environmental insurance and regulatory agreements.
  • Negotiated a $100 million ESCA with the Department of the Army, environmental insurance, and agreements with the National Park Service, U.S. EPA and California DTSC with regard to the transfer of the Presidio of San Francisco from the Army to the Presidio Trust
  • Negotiated on behalf of the fixed price environmental remediation contractor at South Weymouth Naval Air Station in Massachusetts an ESCA with the Department of the Navy, a guaranteed fixed price contract with the master developer, environmental insurance, and agreements with the U.S. EPA and Massachusetts DEP with respect to the pending transfer of the Base from the Navy to the redevelopment agency
  • Represented a native Alaskan corporation with regard to the transfer of Adak Island from the Navy to the corporation under the Alaska National Interest Lands Conservation Act and Alaska Native Claims Settlement Act
  • Represented a site owner with regard to the transfer of the Oakland Army Base, and negotiated the ESCA, insurance policies, and regulatory agreements
  • Represented the fixed price environmental remediation contractor with regard to the transfer of Mare Island from the Navy to the City of Vallejo, and negotiated the ESCA, GFPC, insurance policies and regulatory agreements
  • Represented Yolo County with regard to the transfer of the Davis Communications Site from the Air Force to the County
  • Represented a site purchaser with regard to a former Naval base in Southern California
  • Negotiating the ETCA, guaranteed fixed price remediation contract, environmental insurance agreements, and regulatory consent agreements at Hunters Point in San Francisco.
  • Represented an environmental liability assumption firm in a number of liability assumption transactions in California, Florida, Michigan, New York, and Tennessee, negotiating liability assumption agreements, environmental insurance agreements, regulatory agreements, and remediation agreements and qualified settlement fund trusts.
  • Represented an environmental liability assumption firm in a significant transaction concerning a CERCLA site in Wisconsin, negotiating the liability assumption, environmental insurance and regulatory agreements.
  • Defending an environmental consulting company against Endangered Species Act "take" allegations in a federal grand jury proceeding. No indictment was issued.
  • Negotiating a habitat conservation plan and conservation easement for a company in Santa Cruz County
  • Represented a developer in the Central Valley of California seeking a Section 404 fill permit in a Section 7 consultation with the U.S. Fish & Wildlife Service
  • Representing Kettle Foods, Inc., in litigation initiated by the California Attorney General concerning acrylamide in potato chips in People of the State of California v. Frito-Lay, Inc., et al., No. BC 338956 (Cal. Sup. Ct.).
  • Representing four major snack food companies in litigation initiated by the California Attorney General concerning acrylamide in snack food products in People of the State of California v. Snyder's of Hanover, et al., No. RG 09455286 (Cal. Sup. Ct.).
  • Defending a Proposition 65 citizen suit alleging that our client failed to warn of alleged exposures of lead from decorative paint on glassware. The case settled without significant litigation expenses to our client.
  • Defending a Proposition 65 citizen suit alleging that our client failed to warn of alleged exposures of di(2 ethylhexyl) phthalate (DEPH) from plastic zipper pulls on children's jackets. The case settled without significant litigation expenses to our client.
  • Defending a Proposition 65 citizen suit alleging that our client failed to warn of alleged exposures of lead from brass padlocks and luggage locks. The case settled without significant litigation expenses to our client.
  • Counseled a major university with regard to radiological waste issues and closure requirements
  • Represented a major university in negotiating a medical waste disposal agreement
  • Counseled various clients with respect to PCB regulations under TSCA
  • Representing a large city with regard to compliance with sewage sludge regulations under the federal Clean Water Act
  • Represented a developer in the Central Valley of California in negotiating and obtaining a Section 404 fill permit.
  • Defended a Fortune 100 company in a lawsuit brought by the Department of Justice and EPA alleging illegal discharges to waters of the United States. The government initially sought $80 million in penalties and injunctive relief. We were able to settle the matter for a civil penalty of $300,000.
  • Defending a lead and asbestos abatement firm from charges alleging illegal discharges to San Francisco Bay. Avoided criminal charges and settled the civil case on favorable terms.
  • Represented clients in California, Florida, Maryland, Michigan, New York, and Tennessee, negotiating site cleanup and closure agreements with federal and state agencies.
  • Negotiated a $100 million remediation stop loss policy and a $50 million pollution legal liability policy for the Presidio Trust with regard to the transfer of the Presidio of San Francisco from the U.S. Department of the Army to the Trust and Department of the Interior.
  • Negotiated a $57 million remediation stop loss policy and a $150 million environmental legal liability, professional liability and contractors pollution legal liability policy with regard to the transfer of the Mare Island Naval Shipyard from the U.S. Department of the Navy.
  • Negotiated a significant cost cap and pollution legal liability policy with regard to the pending transfer of the South Weymouth Navy Air Station in Massachusetts.
  • Negotiated numerous cost cap and pollution legal liability policies for private environmental liability assumption firms and developers and property purchasers with regard to CERLCA, RCRA and other contaminated sites in California, Florida, Michigan, New York, Tennessee, and Wisconsin
  • Negotiated $30 million cost cap and pollution legal liability policies with regard to the transfer of the Oakland Army Base from the U.S. Department of the Navy.
  • Defending a Proposition 65 citizen suit alleging that our client failed to warn of alleged exposures of lead from decorative paint on glassware. The case settled without significant litigation expenses to our client.
  • Defending a Proposition 65 citizen suit alleging that our client failed to warn of alleged exposures of di(2 ethylhexyl) phthalate (DEPH) from plastic zipper pulls on children's jackets. The case settled without significant litigation expenses to our client.
  • Defending a Proposition 65 citizen suit alleging that our client failed to warn of alleged exposures of lead from brass padlocks and luggage locks. The case settled without significant litigation expenses to our client.
  • Representing a developer in Santa Clara County in obtaining a Section 404 permit and in Section 7 consultations with the Corps of Engineers, U.S. Fish & Wildlife Service, and California Department of Fish and Game
  • Advised numerous clients and negotiated with the Army Corps of Engineers with respect to wetlands delineations and the scope of "waters of the United States"
  • Negotiated Section 404 permits and developed a 404(b) alternatives analysis for a large university.
  • Representing a coalition of landowners and water districts in a federal action alleging violations of the Endangered Species Act and of municipal separate storm sewer NPDES permits concerning discharges to the Sacramento-San Joaquin Delta, Coalition for a Sustainable Delta et al. v. City of Stockton and County of San Joaquin, No. 2:09-CV-00466-JAM-DAD (E.D. Cal.)

Practice Areas



Articles

Work Plan Signals Expanded Calif. Green Chemistry Program - Article on Law360 by J. Bloom, C. Jensen - Oct. 15, 2014

Josh Bloom spoke at Prop. 65/Green Chemistry Clearinghouse Annual Conferences, Sept. 15-16, 2014

Endangered Species Act's New Mission: Not Just Survival - Article on Law360 by J. Bloom & D. Metres - May 20, 2014

Josh Bloom quoted in Daily Journal article: New Environmental Law Plunging Attorneys into the Unknown, Jan. 2, 2014

Marc Zeppetello Elected Vice Chair of BASF Environmental Law Section Executive Committee - Dec. 9, 2013:Josh Bloom and Dave Metres To Serve As Executive Committee Members

The Safer Consumer Products Regulation - Article in The Recorder by Josh Bloom - Nov. 13, 2013

Two Barg Coffin Partners Elected to Executive Committee of BASF Environmental Law Section - Jan. 24, 2013

Josh Bloom Spoke at BASF Seminar: "Ethics and Environmental Law" Jan. 17, 2013

Josh Bloom Elected Vice-Chair of BASF Environmental Law Section - Jan. 27, 2012

"Green Chemistry Initiative -- Once More" Article by Josh Bloom and John Le in The Recorder, Nov. 16, 2011

Josh Bloom Spoke at Prop65Clearinghouse Conference Monday, Sept. 20, 2010

Josh Bloom Spoke at California Water Quality & Supply Conference July 19, 2010 in San Francisco:New permits and regulations, current challenges and practical solutions - San Francisco Marriott Union Square

Endangered Species Act Requires Enforceable Mitigation-Article in Washington Legal Foundation Backgrounder by J. Bloom, T. Boer

2008 Roundtable Series:Environmental Law (published in The Recorder, March 3, 2008)

Defining "significant nexus" after Rapanos

High Court Addresses Interplay Between Federal Water and Species Acts

What's Next After Rapanos

Environmental-liability Buyouts:How to Know When It

Landowners' Rights Expand Under Recent Species Act Ruling

Decision Limits FWS Authority