Environmental Law and litigation

rmg@bcltlaw.com
Tel: 415 228 5400

R. Morgan Gilhuly

Morgan Gilhuly is a partner with Barg Coffin Lewis & Trapp, LLP, specializing in environmental litigation and counseling. Morgan has represented defendants in major environmental litigation regarding a release of chemicals at a San Francisco oil refinery, an EPA cost recovery action regarding a mercury mine in Marin County, PCE contamination in the Central Valley, and at Superfund sites in Silicon Valley. Morgan also has extensive experience in Polanco Act litigation, and with brownfields redevelopment. Morgan was formerly a partner and the chair of the Environmental Law Department at Landels Ripley & Diamond, LLP, and is currently the managing partner of Barg Coffin Lewis & Trapp, LLP.

Morgan was named 2012 California Lawyer of the Year in Environmental Law by California Lawyer magazine. He was named 2013 Lawyer of the Year in Environmental Litigation for the San Francisco metropolitan area by Best Lawyers, and was also honored by Chambers USA as a Leader in the field of Environmental Law. He has also been honored as a "Super Lawyer" by San Francisco magazine in an annual survey of Northern California lawyers every year since the survey's inception in 2004. He has served as a Judge Pro Tem in the Contra Costa Superior Court and has taught environmental law as an adjunct professor at University of California, Hastings College of the Law.

Education

Yale Law School, J.D., 1986
Executive Editor, Yale Journal on Regulation
Amherst College, B.A., History, 1980

Representative Matters

Representing a major industrial gas manufacturer with respect to AB32 compliance
Representing several companies that owned and operated a former wood treating facility in a lawsuit brought by more than 2,000 plaintiffs in the Eastern District of California alleging violations of the Clean Water Act, the Resource Conservation and Recovery Act, and personal injuries and property damage
Representing a chemical company defendant in multiple actions brought by municipalities, water providers and landowners alleging contamination and subsequent closure of drinking water wells due to the dry-cleaning solvent perchloroethylene
Representing a Fortune 500 technology company with respect to three Superfund sites in Silicon Valley, including negotiations with regulatory agencies concerning investigation, remediation, risk assessment and vapor intrusion issues, and in cost recovery litigation with other responsible parties
Represented defendants in Polanco Act litigation, including trial and appeal to the Ninth Circuit Court of Appeals, concerning petroleum and metals contamination in Stockton. Redevelopment Agency of the City of Stockton v. BNSF Railway Co., 643 F.3d 668 (9th Cir. 2011)
Representing landowners in regulatory proceedings concerning a large ranch in the Sacramento Delta area, including site investigation and development of a remedial strategy, creating a fixed-fee site closure plan, and obtaining environmental insurance for unanticipated cleanup costs
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.)
Successfully defended a national bottled water company in Lanham Act, false advertising, and unfair competition claims brought by a statewide class of consumers and a competitor seeking over $150 million in damages
Represented a major oil company in multiple lawsuits brought by more than 14,000 plaintiffs concerning a release of a chemical catalyst from a San Francisco Bay Area refinery