Thomas A. Bloomfield

Superfund and Hazardous Contamination Issues

San Fernando Groundwater Cleanup

Representing a major utility regarding numerous large CERCLA response actions anticipated to remediate 1,4-dioxane, volatile organic compounds, and other chemicals present throughout the San Fernando basin in southern California, adversely affecting the beneficial uses of a critical source of drinking water at multiple large well fields.

Superfund Settlements North Hollywood Operable Unit (NHOU) Superfund Site

Representing a major utility to negotiate two groundbreaking settlements between the utility and Lockheed Martin and Honeywell International, Inc. in connection with the NHOU at the San Fernando Valley Superfund site.

Leviathan Mine Superfund Site

Represented multiple California state agencies in complex state environmental litigation concerning remediation of the Leviathan Mine Superfund site, an inactive sulphur mine discharging acid mine drainage into surface waters; work included prevailing on key motions and successful settlement of the case on the third day of a scheduled five-week jury trial (Atlantic Richfield Company v. State of California, et al., Case.

No. BC380474, Superior Court of the State of California, County of Los Angeles).  Currently representing water boards regarding implementation of the settlement agreement and other matters relating response actions at this Superfund Site relating to surface water, groundwater, mine waste and remedy selection, among other things.

River Mile Redevelopment

Represented Elitch Gardens Theme and Water Park with respect to historic environmental contamination aspects of the planned River Mile redevelopment, located on river front parcels with a long history of industrial and other uses.  Advised regarding an amendment of the existing 1992 Consent Agreement with the Colorado Department of Public Health and Environment and associated site characterization and corrective action plans, negotiated with the City and County of Denver on cleanup approaches, secured environmental cost recovery through an agreement with a prior owner/operator and negotiated environmental insurance policies.

Lead Soil Voluntary Cleanup Program (VCUP)

Representing a former mining town in southwest Colorado regarding an innovative town-wide VCUP program to address lead present in soil due to legacy mining activities, including the negotiation and drafting of VCUP documents, negotiation of funding terms with the potentially responsible party, and the drafting of changes to the town land use code to accommodate the needs of the VCUP program.

Rialto/Colton Perchlorate Litigation

Represented numerous parties in a ten-year lawsuit regarding perchlorate and other chemical contamination in the Rialto/Colton Basin in southern California; work included negotiation of a favorable settlement involving a precedent- setting order that protected clients from both contribution claims and CERCLA cost recovery claims continuing to advise client on compliance with cleanup and abatement order and implementation of settlement agreements arising out of litigation.

Solvent Release from Solid Waste Landfill

Representing client responding to a clean up and abatement order for release of solvents allegedly from an unlined solid waste landfill unit, and providing advice regarding the implementation of settlement agreements that involve treating and serving affected groundwater.

Airport Groundwater Plumes

Representing an airport proprietor in southern California in connection with the investigation and cleanup of a large groundwater plumes involving 1,2,3 TCP and other contaminants.

Hazardous Waste Landfill Post Closure Management

Advising state regulatory agency on four RCRA hazardous waste landfills regarding post closure funding, litigation and related issues.

Hazardous Waste Treatment Facility Closure

Represented property owner in successful closure of permitted RCRA TSD facility, securing a no further action determination.

Beverly Hills High School Toxic Tort Defense

Represented key defendants in a high profile toxic tort matter brought by 1000+ plaintiffs alleging personal injury, fear of cancer, and wrongful death as a result of claimed benzene and other contaminant exposure from oil wells in the area; prevailed on summary judgement for twelve bellwether plaintiffs, securing dismissal of those claims, a summary judgment motion to dismiss all claims against the parent corporation, and a favorable settlement to resolve the remaining claims (Lori Lynn Moss and Randy Moss, et al., v. Venoco, Inc., et al., Case No. BC297083 and consolidated actions, Superior Court of the State of California, County of Los Angeles – Complex Litigation Section).

Bay Area Research and Extension Center Toxic Tort Defense

Represented the California Department of General Services, a state agency sued by 150 plaintiffs for personal injury and property damage based on alleged exposure to pesticides and other chemicals; spearheaded expert work and discovery on exposure and other technical analysis leading to favorable resolution without trial, resolving all claims, and securing protection against claims by other defendants (Adame, et al. v. The State of California, et al., Case No. 1-08-CV-106710, Superior Court of the State of California, In and For the County of Santa Clara – Unlimited).

Casmalia Resources Superfund Site

Represented EPA at site involving complex soil and groundwater contamination issues associated with more than 5.5 billion pounds of hazardous waste; site involved more than 10,000 PRPs; negotiated a series of administrative and judicial settlements valued at more than $75 million.

Operating Industries Superfund Site

Represented EPA to complete negotiations for the final consent decree at the Operating Industries Superfund site in southern California, after those negotiations were stalled for more than a year.  Soil and groundwater remediation costs estimated to exceed $600 million.

Iron Mountain Mine Superfund Site

Represented EPA as the principal architect and lead federal negotiator for one of the largest and most innovative settlements in the history of the Superfund program; negotiated environmental cost overrun insurance, a finite risk policy, indemnities, corporate guarantees, bonds, and other insurance and finance tools to secure perpetual treatment of acid mine drainage pollution containing toxic metals, which if left untreated, would threaten critical spawning habitat for a number of endangered species.  Followed successful litigation on the merits (U.S. v. Iron Mountain Mines, Inc., 987 F. Supp. 1277 (E.D. Cal. 1997); U.S. v. Iron Mountain Mines, Inc., 987 F. Supp. 1263 (E.D. Cal. 1997); U.S. v. Iron Mountain Mines, Inc., 987 F. Supp. 1233 (E.D. Cal. 1997).

Energy and Air Quality

Geothermal Power Plant Units

Represent operator of multiple large geothermal power units to respond to a notice of violation from a state regulatory agency involving alleged releases, safety and reporting issues, resulting in favorable resolution of the alleged violations in California.  Separately advised this client regarding permitting issues for facilities in Hawaii.

Colorado State Implementation Plan and Ozone Rulemakings

For more than ten years, represented and advised clients in multiple rulemaking proceedings before the Colorado Air Quality Control Commission’s (AQCC) regarding State Implementation Plan and other ozone matters.

Colorado Energy Plan

Represented client in a Public Utilities Commission (PUC) rulemaking, helping to secure the adoption of the Colorado Energy Plan Portfolio and the replacement of two coal plants with renewable energy sources and addressing just transition planning for community.

Colorado Oil and Gas Methane Regulations

Over a period of more than 10 years, represented a national non-profit organization, playing a lead role in numerous rulemakings to address methane and other pollution from oil and gas production facilities.  Proceedings included the first regulations in the country to address methane emissions on a statewide basis from the oil and gas sector, which became the model for other states and a federal program. That work also produced a rulemaking aimed at strengthening restrictions on venting and flaring from oil and gas operations. More recently, Tom played a key role in developing and securing adoption of (i) a first-in-the-nation, performance-based program for the oil and gas transmission segment, (ii) first-in-the-nation performance standards for the oil and gas production sector and development of programs for direct measurement of those emissions, (iii) regulations that expanded leak detection and repair (LDAR) requirements for oil and gas production facilities, and (iv) regulations that require the replacement of gas-actuated pneumatic controllers with non-emitting controllers through company-wide programs.  As needed, Tom successfully defended those rules against legal challenges in court.

Oil and Gas Regulation by Colorado Municipalities

Advised Colorado municipalities regarding regulation of oil and gas production; drafted new oil and gas regulations that were adopted by the municipalities.

Colorado Clean Air Clean Jobs Act

Representing coalition of nonprofit organizations before the PUC and AQCC, securing adoption of a Regional Haze Colorado State Implementation Plan that retired numerous coal plants and secured significant pollution controls on others; successfully defended the action in state court and through appeals. Colorado’s State Implementation Plan served as a template for EPA’s national Clean Power Plan regulation.

State and Federal Climate Change Regulations and Policy

Advised confidential client on state and federal climate regulations, policy, and strategy.

Regional Haze Colorado State Implementation Plan Litigation

Represented a coalition of nonprofit organizations that successfully defended the Regional Haze Colorado State Implementation Plan in state court litigation, including before the district court, court of appeals, and the Colorado Supreme Court.

Low and Zero Emission Vehicle Standards

Represented a coalition of environmental organizations before the AQCC and successfully advocated for the adoption of the Low Emission Vehicle (LEV) program and zero emission vehicle standards (ZEV) for automakers, securing massive reductions in conventional and climate pollution in Colorado

Greenhouse Gas Emissions from Industrial and Manufacturing Sources

Represented client in multiple rulemakings to reduce greenhouse gas emissions and co-pollutants from sources in the industrial and manufacturing sector