Christopher Dow Email & Phone Number

San Francisco, Ca, Us

Litigation and regulatory compliance attorney focusing on CERCLA hazardous waste site cleanup and cost recovery, and other environmental matters.

Oversee writing and editing for proprietary legal research database with over 10,000 subscribersAbreast of the latest caselaw developments in CA evidence, civil procedure, family law and juvenile law.

o Advised owner of several hundred acres at former military munitions site on potential Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability arising from hazardous substances associated with munitions; analyzed subsurface investigation reports, property maps, applicable caselaw and regulatory agency guidance documentso Author, "Hawkes v. U.S. Army Corps of Engineers: Is a Wetlands Jurisdictional Determination Reviewable Under the Administrative Procedure Act?," 46 Envtl. L. Rep. News & Analysis 10291 (Environmental Law Institute, Apr. 2016)o Author, “A Tale of Two Rivers: An Analysis of Different Approaches to Proving Intent for CERCLA Arranger Liability,” 45 Envtl. L. Rep. News & Analysis 10699 (Environmental Law Institute, Jul. 2015)o Author, “Treatment of CERCLA Claims for Hazardous Waste Cleanup Costs in Bankruptcy,” 41 Envtl. L. Rep. News & Analysis 11091 (Environmental Law Institute, Dec. 2011)

Lafayette, Ca, Us

Litigated cases involving federal and state environmental statutes, including the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the California Health & Safety Code; drafted discovery, pleadings and motions; and conducted and defended depositions.Some highlights: o Successfully defended a corporate potentially responsible party (PRP) in CERCLA litigation arising out of a polychlorinated biphenyls site cleanup that will cost over $1 billion—one of the largest hazardous substance cleanup efforts in the United Stateso Responsible for building a case against the United States as a CERCLA PRP; drafted opposition papers to the government's motion to dismiss itself as a PRP that led to negotiated stipulation for withdrawal of motiono Negotiated stipulation of facts with the Department of Justice beneficial to client's and United States' defense in a CERCLA actiono Drafted a motion to compel discovery that resulted in opposing party stipulating to facts necessary to authenticate a document key to client’s defenseo Successfully opposed plaintiff’s motion for injunctive relief in a case involving real property contaminated by former dry-cleaning operations, and obtained settlement on behalf of client-former dry cleaner that was wholly funded by insurance proceedso Achieved favorable settlements in insurance coverage disputes and insurer liquidation proceedingo Gained proficiency in CA groundwater rights in connection with the proposed remediation of a groundwater basin in Southern California

o Wrote concise case summaries and analyses on complex points of employment, intellectual property and unfair trade practices law for the Business Law Reportero Edited Practice Under the California Environmental Quality Act to conform to recent case developmentso Updated Bankruptcy Treatise to conform to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005

Litigated cases involving federal and state environmental statutes, including litigation arising from leaking petroleum underground storage tanks, and researched and analyzed federal and state requirements applicable to various land use development projects. Some highlights: o Drafted environmental impact assessment documents concerning the New York State Wireless Network – an emergency telecommunications network that was to consist of 500 to 1200 interconnected antenna sites located throughout the state as part of homeland security efforto Analyzed federal and state land use requirements applicable to the construction of a large-scale retail and entertainment center, and Federal Energy Regulatory Commission requirements applicable to relocation of a major natural gas pipeline at project siteo Supervised preparations for a CERCLA trial in federal court; supervised paralegals and worked with expert witnesso Obtained summary judgment against defendant oil dischargers under the Resource Conservation and Recovery Act (RCRA) citizen suit statute o Negotiated and drafted contracts for the construction of a multi-million dollar greenhouse facility to support the operations of a hydroponic gardening subsidiary of a large private landfillo Litigated collections matters on behalf of firm's client

Advised clients on compliance with federal and state regulatory requirements, including those arising out of the federal Clean Air Act (CAA), Clean Water Act (CWA), RCRA, the Emergency Planning and Community Right-to-Know Act (EPCRA), the Toxic Substances Control Act, and the Army Corps wetlands permitting program. Drafted pleadings and motions for federal environmental litigation involving issues under CERCLA, RCRA, CWA, and EPCRA. Conducted environmental due diligence in connection with business transactions including commercial real estate deals and stock purchasesSome highlights:o Argued winning appeal restoring over $800K in environmental and breach of lease claims dismissed by trial court (State of New York v. Griffith Oil Co., Inc., 229 A.D.2d 894, 750 N.Y.S.2d 685 (4th Dept. 2002))o Researched regulatory requirements under Proposition 65 for a manufacturer of office copier supplies which aided company in selling its products in Californiao Analyzed land use and environmental impact review requirements to support successful litigation defense of client’s construction of a multi-million dollar records storage facility along the Buffalo Rivero Wrote arguments that enabled a manufacturer’s representative to collect commissions due and owing from a manufacturer who alleged that the manufacturer’s representative was disloyal

I supported Governor George Pataki's environmental regulatory policy initiatives by meeting with businesses and other regulated parties, conducting legal research, writing memoranda, and meeting with state regulators. I reviewed proposed environmental regulations for compliance with the State Administrative Procedure Act and Governor’s executive order implementing regulatory reform, and made recommendations authorizing or denying promulgation. I also analyzed environmental legislation for the Counsel to the Governor.Some highlights:o Played a key role in overseeing the drafting and implementation of state regulations mandated by the Title V permitting program of the federal CAAo Analyzed state land use and environmental impact review requirements in conjunction with pre-permitting of shovel-ready sites for New York State’s successful effort to attract silicon chip manufacturerso Worked closely with the Adirondack Park Agency in its effort to codify land use regulations

Juris Doctor, Cum Laude, Law

Education record