David Cooke

Ranked in 1 Practice Areas

Band 3

Environment

California

13 Years Ranked

About

Provided by David Cooke

USA

Practice Areas

David’s edge as an environmental lawyer comes from the grounding he received early in his career as a general business litigator, and from his long experience since the late 1980s in service to a broad spectrum of clients in environmental litigation, regulatory compliance, Superfund, and environmental aspects of real estate transactions and development.

An effective environmental practice exists in the space where law, science, and public policy intersect. Thus, while David devotes a part of his practice to representing clients in relation to adversaries in court or before governmental agencies, he also spends a great deal of his time teaming with environmental scientists and interfacing with regulators in order to help clients get their deals done, or put regulatory problems behind them, usually when the complexities seem most overwhelming. David’s clients value his responsiveness, practical approach, and deep understanding of their businesses, which grow out of an abiding intellectual curiosity about how their industries work and how their organizations function.

ENVIRONMENTAL LITIGATOR AND TRUSTED ADVISOR

Over the years, David has been a go-to environmental litigator as well as a trusted advisor. He has focused on hazardous waste and contaminated property issues; counseling, negotiation, investigation, and mediation in the purchase and sale and reuse of contaminated properties, groundwater, and surface water bodies. His broad litigation experience includes matters under the Comprehensive Environmental Response, Compensation & Liability Act (CERCLA), the Clean Air Act, the Resource Conservation and Recovery Act (RCRA), the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). David’s environmental litigation practice encompasses all phases of litigation, through trial and appeal.

David partners frequently with Allen Matkins real estate lawyers on the environmental aspects of real property transactions, and he has particular experience counseling policyholder clients on environmental insurance and coverage claims.

REPRESENTATIVE WORK

David’s portfolio includes representing the Imperial Irrigation District, the Bay Area’s Metropolitan Transportation Commission, and numerous businesses in federal and state courts in matters involving federal and state environmental laws and related disputes. His industrial clients include an oil company, food products producers, an aircraft engine manufacturer, a paper mill, a railroad, and a former mining company, among many others. His developer and other transactional clients include some of the most well-known and respected real estate professionals in California.

In the community, David is a founding director of Episcopal Community Services of San Francisco, Inc., which provides shelter, housing, meals and support services for more homeless and impoverished individuals and families in San Francisco than any other non-profit in the City. He is particularly active in the development and oversight of its innovative supportive housing programs.

Professional Memberships

American Bar Association

Bar Association of San Francisco (BASF)

California Lawyers Association, Environmental Law Section

Work Highlights

AIR QUALITY AND CLIMATE CHANGE

Imperial Irrigation District (IID) (Imperial County, CA). Claims by local and state air pollution control agencies regarding permit requirements applicable to temporary construction activities undertaken by contractors engaged to line a portion of the All American Canal, which conveys Colorado River water into Southern California.

In the Matter of Evergreen Pulp, Inc. North Coast Unified Air Quality Management District and California Air Resources Board administrative proceedings, including air quality management district hearing board hearings on permit appeals, variances, and abatement orders, and in federal Clean Air Act citizen suit.

United States v. Campbell Soup Company; Communities for a Better Environment v. Campbell Soup Company, et al.,U.S. District Court, Eastern District of California. Actions by Justice Department and a citizen group for injunctive relief and civil penalties based upon alleged violations of Clean Air Act new source review requirements at can manufacturing facility.

Bayview Hunters Point Community Advocates, et al., v. Metropolitan Transportation Commission, United States Court of Appeals for the Ninth Circuit. Clean Air Act citizen suit alleging failure to comply with transportation control measure designed to reduce regional tailpipe emissions by encouraging use of mass transit. 366 F.3d 692 (2004).

Citizens for a Better Environment v. Wilson, et al.,United States District Court, Northern District of California. Clean Air Act citizen suit regarding compliance with the "transportation conformity" requirement of the Clean Air Act, and regarding the implementation of a contingency plan triggered by and alleged failure of the Bay Area to show "reasonable further progress" toward attainment of NAAQS for ozone and carbon monoxide. Numerous reported decisions, including, e.g., 775 F. Supp. 1291.

County of Imperial, et al., v. United States Department of the Interior, et al., U.S. District Court, Southern District of California. Intervenor in action by Imperial County and Imperial County Air Pollution Control District to invalidate 2003 Colorado River Water Delivery Agreement on theories that federal approvals of that agreement violated the National Environmental Policy Act (NEPA) and the general conformity provisions of the Clean Air Act.

ENVIRONMENTAL COUNSELING AND TRANSACTIONAL MATTERS

Aircraft Engine Manufacturer (Alameda County, CA). Matters involving soil and groundwater investigation and cleanup at aircraft engine repair and test facilities in Oakland, California.

Freshwater Tissue Company LLC (Humboldt County, CA). Analysis of and negotiations and regulatory analysis and advice concerning NPDES permitting for industrial wastewater discharges, in soil and groundwater investigation and cleanup, and in facility demolition.

Non-Profit Community Center and Senior Living Facility (Santa Clara County, CA). Environmental aspects of development of community center and associated senior housing on site of releases of chlorinated solvents from historical satellite manufacturing operations.

Confidential Energy Company Client. Resolution of environmental disputes with transferor to client of hundreds of industrial, distribution and retail assets.

Confidential Real Estate Developer or Investment Clients. Environmental aspects of real property transactions, including environmental due diligence, insurance, purchase and sale agreements, leases, risk analysis, and post-acquisition cleanup.

Confidential Client. Alleged successor to former owner and operator of California mercury mine in cleanup actions and activities.

ENVIRONMENTAL LITIGATION

GOVERNMENTAL ENFORCEMENT ACTIONS AND CITIZEN SUITS

Bayview Hunters Point Community Advocates, et al., v. Metropolitan Transportation Commission (U.S. Court of Appeals for the Ninth Circuit). Clean Air Act citizen suit alleging failure to comply with transportation control measure designed to reduce regional tailpipe emissions by encouraging use of mass transit. 366 F.3d 692 (9th Cir. 2004).

Citizens for a Better Environment Wilson, et al. (US. District Court, Northern District of California). Clean Air Act citizen suit regarding compliance with the "transportation conformity" requirement of the Clean Air Act, and regarding the implementation of a contingency plan triggered by and alleged failure of the Bay Area to show "reasonable further progress" toward attainment of NAAQS for ozone and carbon monoxide. Numerous reported decisions, including, e.g., 775 F. Supp. 1291.

In the Matter of Evergreen Pulp, Inc. Administrative actions by Regional Water Quality Control Board for civil penalties based on claims of illegal discharge of mill wastewater to the Pacific Ocean.

CONTAMINATED SOIL, SURFACE WATER AND GROUNDWATER (INCLUDING SUPERFUND)

Large Food Processing Client - San Gabriel Valley Superfund Site/Puente Valley Operable Unit. Negotiations with U.S. Department of Justice and U.S. EPA of terms of consent decree, and with potentially responsible parties (PRPs) regarding cleanup responsibilities, cost contributions, and resolution of claims for contamination and treatment costs by affected water purveyors.

County of Santa Clara v. BKHN, Inc., et al. (U.S. District Court, Northern District of California). Alleged successor in interest to former owner of defunct mercury minesite near San Jose, California in action involving responsibility for cleanup costs. 1996 trial resulted in judgment on third party claim for contribution of response costs from successor to World War II - era investment bank found to be an "operator" of the minesite.

The Petra Group v. Southern Pacific Transportation Company (Superior Court of California, County of San Luis Obispo). Fraud and rescission action by residential developer based on alleged failure to disclose subsurface petroleum storage facilities in connection with sale of real property. Obtained defense verdict after six week jury trial.

Maionchi, et al. v. Union Pacific Corporation, et al. (U.S. Court of Appeals for the Ninth Circuit). Action to enforce environmental defense and indemnity provisions of complex merger agreement. Prevailed in U.S. Court of Appeals for the Ninth Circuit, obtaining ruling that clients are entitled to full indemnity and declaratory relief.

United States v. J.B. Stringfellow, et al. (U.S. District Court, Central District of California). Represented third party defendant that allegedly arranged for disposal of hazardous wastes at the Stringfellow Superfund Site in Glen Avon, California.

United States v. County of Santa Clara, et al. (U.S. District Court, Northern District of California). Represented manufacturing company, alleged successor to former owner of defunct mercury minesite in San Jose, California, in settlement through consent decree of state and federal trustees' natural resource damages claim under CERCLA.

NATURAL RESOURCES

Abbati v. Imperial Irrigation District (IID) (Superior Court of California, County of Imperial). Action by group of farmers alleging that IID’s policies for “equitable distribution” of water during periods of “supply/demand imbalance” (i.e. water shortfalls) violate a “trust” obligation, and that adoption of regulations implementing that policy violated CEQA. Prevailed in bifurcated trial of CEQA claim, affirmed on appeal. 205 Cal.App.4th 650.