Michael O'Neil

Michael O'Neil leads the firm's Environmental Practice Team. His practice emphasizes environmental law and includes antitrust law, construction litigation, real estate litigation, insurance coverage law, and business litigation. Substantive practice areas in environmental law include CERCLA, RCRA, CWA, CAA and their respective state-law counterparts and ESA, regulations. His environmental litigation practice includes representing clients in private and government cost recovery actions, federal and state civil enforcement actions, and administrative proceedings. His transactional and regulatory compliance activities include negotiating, drafting, and due diligence investigations related to environmental matters in real estate and business transactions and providing counsel on compliance and permitting matters.

Mr. O'Neil earned his B.A. from Claremont McKenna College, and was awarded his J.D. from the University of Wisconsin School of Law.

Areas of Practice

Environmental Law, Antitrust and Trade Regulation, Construction Litigation, Real Estate Litigation, Insurance Coverage Law, and Business Litigation.

Representative Experience

• Litigation in State and Federal courts. Represent clients with respect to claims for damages (property damage, physical injury, and clean up costs) and injunctive relief associated with contaminated property. Defend clients accused of violating environmental regulatory requirements under the Clean Air Act, Clean Water Act, the Resource, Conservation, and Recovery Act, and state law counterparts.

• Advise clients and work with consultants and regulatory agencies to achieve efficient, expeditious, and cost-effective cleanup of contaminated property and review contracts between owners and environmental consultants.

• Represent and advise clients on a broad range of regulatory compliance issues, such as generation, handling, removal, transportation, and disposal of hazardous materials and waste; landfill permitting; air pollution control; and Proposition 65. Represent clients before regulatory agencies, such as the Sacramento Metropolitan Air Quality Management District, with respect to variances or alleged violations.

• Advise clients on compliance matters for underground storage tanks. Advise and assist clients with applications to and requests for reimbursement submitted to the State of' California Underground Storage Tank Cleanup Fund

• Represent and advise clients with the negotiation and drafting of environmental provisions in purchase and sale contracts and leases, and in negotiations with lenders. Advise clients on regulatory compliance issues and perform due diligence.

• Represent and advise clients with respect to insurance coverage for environmental claims.

• Represent clients in declaratory relief litigation.

• Advise clients with respect to search warrants and subpoenas.

• Represent and advise clients in matters including toxic exposure, including mold exposures

Published Cases

Johnson v. Knowles, 113.F3d 1114 (9th Cir. 1997), cert. denied, 522 U.S. 996 (1997).

Memberships

American Bar Association
State Bar of California
Sacramento County Bar Association

Education

University of Wisconsin
J.D., 1991

Claremont McKenna College
B.A., 1983

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