Environmental, Land Use, Real Estate and Administrative Law

Law Offices of Timothy D. Martin

Regulatory Compliance:

Assisted owner of Mobile Home Park to respond to/comply with Regional Water Quality Control Board orders and directives, including agency’s imposition of new and more stringent discharge and operating standards for property’s wastewater treatment facility

Represented numerous clients for California Proposition 65 compliance and defense services.

Conducted research, assessment and agency communications regarding various complex regulatory compliance issues for several large national mining and building material clients.

Litigation: 

Variety of litigation experience in both federal and state court, including: 

Represented commercial property owner in Carson, CA in complex environmental litigation against former industrial owners/operators of property for widespread subsurface contamination of the property.  Handled all aspects of the litigation against three large law firms and ultimately obtain a seven-figure settlement from defendants. 

Represented large retail gasoline station operator (150+ stations in S. California) in defending against class action suit alleging sale of fuel above 60 degrees Fahrenheit defrauded consumers. Handled all aspects of discovery for client in coordinated, multi-district federal case, including conducting depositions of multiple plaintiffs.  

Represented large metal shredding and exporting company in bringing challenge under CEQA.  After extensive comments and an administrative appeal to the lead agency, client brought suit in Superior Court seeking writ of mandate overturning EIR.  Co-drafter of all briefs and oppositions in writ of mandate proceeding, resulting in successful judgment for client.

Represented city suing county in U.S. District Court over financial and regulatory responsibility for former county municipal landfill turned park.  Primary drafter of all pre-trial work product, including complaint, discovery, motion for summary judgment and opposition to motion for summary judgment.  Worked closely with experts in drafting declarations.  Primary drafter of settlement agreement resulting in favorable monetary award to City. 

Handled all aspects of Proposition 65 representation, including formulating and implementing compliance advice, retaining and overseeing toxicological experts, drafting pleadings and discovery responses and negotiating consent judgments.

Entitlements:

Worked on all aspects of siting, permitting, environmental review and legal challenges relating to a proposal for a liquefied natural gas (LNG) project in the Port of Long Beach, California.  Responsibilities included client communications, communications with governmental regulators, legal research, and preparation of public documents regarding LNG governmental permitting jurisdiction, NEPA and CEQA requirements and environmental and safety concerns. Additionally, reviewed and analyzed all environmental review and permitting documentation regarding competing California LNG projects.

Handled all aspects of entitlements process on behalf of multi-national building materials manufacturer for expansion of large aggregate excavation and processing facility.  Directly negotiated development agreement and CUP with City/lead agency, and coordinated all aspects of client's EIR and Reclamation Plan preparation, including negotiation of innovative financial assurances.

Transactional:   

Assisted clients with the acquisition and disposition of numerous real estate and corporate assets, including:

Handled all aspects of environmental due diligence for acquisition of large real estate holdings for proposed residential development.

Handled environmental, permitting and lease due diligence for large golf course owner/operator client contractually obligated to perform Phase I ESA and Phase II ESAs for its approximately 275 properties.  Managed and oversaw assessment work by five national environmental consulting firms within extremely tight timeframe allowing client to proceed with $1 billion + sale.

Oversaw due diligence for aviation parts manufacturing client in $200 million sale of business and real estate to large defense company.  Obtained favorable environmental indemnity in favor of client despite known solvent groundwater contamination beneath client's main facility.

Represented concrete manufacturing client in reconfiguring facility as a result of Metro Orange Line expansion, including land use and entitlements analysis, evaluation of and comments to Metro EIR. 

Commercial Real Estate:

Drafting and negotiating bi-lateral and multi-lateral easements.Drafting and negotiating commercial leases/lease amendments/listing agreements.Drafting Purchase and Sale Agreements.