John F Cermak
USA Guide 2024
Band 2 : Environment
Band 2
About
Provided by John F Cermak
Practice Areas
John Cermak's practice focuses primarily on judicial and administrative
litigation, complex contaminated sites, environmental, health and safety counseling, and the environmental aspects of real estate and corporate transactions.
John litigates CERCLA cost-recovery actions, citizen suits, toxic tort suits, environmental
common law tort actions, penalty enforcement actions, appellate court challenges to agency rulemakings, and proceedings before administrative agencies. These types of cases require John to work closely with experts in a variety of disciplines, such as historic operations, chemical fingerprinting, fate and transport, hydrogeology, vapor intrusion, toxicology, and cost recovery.
John represents clients at contamination sites, including complex Superfund sites (and State equivalents). The sites range from contaminated groundwater basins with multiple operable units, to massive landfills, contaminated rivers and creeks and contaminated sediment extending over 80 miles or more with multiple operable units, and contaminated sites with commingled groundwater plumes extending across large geographic areas. John brings a broad breadth of experience to these type of sites, including experience with corporate successor liability issues, insurance coverage, multiparty agreements (such as joint defense agreements, tolling agreements, cooperation agreements, and funding agreements), working with environmental consultants (including an understanding of such disciplines as vapor intrusion, hydrogeology, groundwater modeling and risk assessments), negotiating access agreements, and experience negotiating with EPA and state regulators on remedial investigations and feasibility studies, administrative orders on consent, responding to information requests, and resolving disputes with regulators and other respondents.
John also regularly counsels clients on compliance issues arising under federal, state and local laws relating to water quality, wastewater and storm water compliance, water rights, air quality, hazardous and solid waste, Proposition 65, including audits, and self-reporting under state and federal audit/voluntary policies. John's typical day-to-day counseling work can include issues such wastewater discharge compliance (including interference, bypass, and discharge monitoring report violations), hazardous waste management (including treatment exemptions, hazardous waste identification and disposal of waste), stormwater management (such as no exposure determinations, best management practices and revisions of stormwater prevention plans), air permit compliance (including coordination of permit applications and facility construction, after the fact permits for unpermitted sources, and source testing). In addition, assistance on the above issues can require him to provide assistance on self-reporting, identifying corrective actions, responding to notices of violations, and negotiating compliance agreements.
John also represents clients in OSHA/Cal OSHA inspections, response to complaints, including whistleblower complaints, appeals of citations, and health and safety counseling and in providing audit support.
Finally, John regularly assists clients on the environmental aspects of the purchase and sale of real estate and corporate transactions. This includes drafting and negotiating the environmental provisions associated with those transactions, reviewing the environmental assessments and addressing environmental due diligence.
Career
Law Clerk for the Honorable Robert
C. Zampano, United States District Court for Connecticut (1982-1983).
Law Clerk for the Honorable Ozell
M. Trask and the Honorable Robert
R. Beazer, United States Court of Appeals, Ninth Circuit (1983-1984).
United States Department of Justice,
Land and Natural Resources Division
Environmental Defense Section (1984-1987)
