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Thomas A. Bloomfield
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Thomas A. Bloomfield

Partner

  • Site Cleanup and Compliance|
  • Environmental Litigation|
  • Energy and Climate Change|
Denver
303.825.6390C 303.907.4445
San Francisco
415.907.8704
tbloomfield@kaplankirsch.com
  • Overview
  • Representative Experience
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I routinely advise public and private clients on complex environmental disputes involving administrative law, public policy, and litigation ranging from large superfund cases to climate change and air quality matters.  I am adept at deeply understanding not only the law, but the factual, technical and economic issues.  This approach enables me to effectively advocate for and secure strong and durable outcomes for my clients.  I work to develop collaborative solutions where possible by finding common ground but without compromising the goals and objectives of my client.

For more than 30 years, Tom has successfully represented his clients on major Superfund, Resource Conservation and Recovery Act (RCRA) and other contamination cases, brownfields, liability risk transfers, energy issues, climate policy, ozone and regional haze rulemakings, and oil and gas matters.  He has deep experience advising clients on environmental remediation projects that deploy municipal drinking water extraction systems as to remediation groundwater contamination plumes, including cost recovery, grant funding, permitting and compliance with agency orders. He routinely negotiates and drafts consent decrees, environmental cleanup documents, and other environmental settlements. Throughout his career, Tom has advised clients on emerging contaminants, including PFAS, perchlorate, 1,4-dioxane, hexavalent chromium and other solvents.

Tom has played a pivotal role representing clients in some of the most significant air quality and climate change rulemakings in Colorado. These accomplishments include the first statewide rules to control methane from oil and gas operations which became a model for other states and EPA; numerous other oil and gas rulemakings, the groundbreaking Clean Air Clean Jobs Act rulemakings that integrated energy planning and environmental regulation to address regional haze, climate change and public health; the Colorado Regional Haze and Ozone State Implementation Plans; the state’s adoption of low emission and zero emission vehicle standards; performance standards for oil and gas production facilities; and climate standards for industrial and manufacturing facilities.

Representative clients include industrial and public entities, counties, cities and towns, utilities, the state of California, and several California state agencies.

Prior to joining Kaplan Kirsch, Tom served as an attorney with two other law firms and as an Associate Regional Counsel for the United States Environmental Protection Agency (EPA) in San Francisco. While at EPA, Tom litigated and resolved some of the most significant, high profile CERCLA cases in the region.

Representative Experience

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

 

Resources and News

Awards and Recognition

News

Presentations

Publications

  • Kaplan Kirsch Recognized in Chambers and Partners 2025 Editions

    Awards and Recognition | June 6, 2025
  • The Best Lawyers in America® Announces Lawyer Rankings, Firm Attorneys Included

    Awards and Recognition | August 15, 2024
  • Chambers USA Ranks Kaplan Kirsch among Nation’s Top Law Firms in 2024 Guide

    Awards and Recognition | June 6, 2024
  • EPA Limits Its PFAS Drinking Water Standard to PFOA and PFOS and Delays Compliance Timeline to 2031Trump EPA Announces Major Actions to Combat PFAS Contamination

    News | May 16, 2025
  • Colorado Energy & Environmental Legislation – 2025 Year in Review

    News | May 12, 2025
  • Trump EPA Announces Major Actions to Combat PFAS Contamination

    News | April 30, 2025
  • The Supreme Court Holds the Clean Water Act does not Authorize EPA to Include Receiving Water Limitations in San Francisco’s NPDES Permit

    News | March 11, 2025
  • view all
  • 2023 Passenger Rail Law Workshop

    Presentations | November 06, 2023
  • Kaplan Kirsch & Rockwell Attorneys Present at AAAE PFAS Workshop

    Presentations | April 6, 2021
  • Tom Bloomfield Presents Webinar on Settling CERCLA Cases

    Presentations | March 19, 2020
  • You Find Your Groundwater Polluted – Now What?

    Presentations | June 2, 2016
  • view all
  • Firm Attorneys Author PFAS Litigation Article for ABA

    Publications | September 29, 2021
  • Colorado Energy & Climate Legislation: 2021 Year in Review

    Publications | June 16, 2021
  • Policy Guidance for Identifying and Effectively Managing Perpetual Environmental Impacts from New Hardrock Mines

    Publications | October 15, 2010
  • The Topsy Turvey World of CERCLA – Unknown Law – Uncertain Science

    Publications | March 15, 2008
  • view all

Primary Sidebar

Practices

  • Air Quality
  • Brownfields
  • Climate Mitigation and Adaptation Projects
  • Climate Policy & Litigation
  • Electric Vehicles and Clean Transportation
  • Energy and Climate Change
  • Energy Regulatory Proceedings and Litigation
  • Environment
  • Environmental Aspects of Bankruptcy
  • Environmental Due Diligence
  • Environmental Impact Reviews
  • Environmental Litigation
  • Federal and State Public Lands
  • Intergovernmental Agreements
  • Litigation
  • Methane Regulation
  • Mining and Reclamation
  • Policy Strategies & Legislation
  • Public Meetings, Open Records, and Participation in the Public Process
  • Site Cleanup and Compliance
  • Water Resources

Education

  • J.D., University of California, Los Angeles, School of Law, Order of the Coif, 1992
  • B.A., Dartmouth College, cum laude, 1988

Bar & Court Admissions

Bar Admissions

  • Colorado, 2003
  • California, 1993

Court Admissions

  • U.S. District Court, Central District, California, 2009
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, D.C. Circuit, 2004

Organizations

  • Trustee and Treasurer, Dartmouth Association of Rocky Mountains (DARM) (2014–Present)
  • Trustee, Congregation Har Hashem (2012–2016)
  • Member, Tort Trial and Insurance Practice Section, American Bar Association (2009–Present)
  • Advisory Board, The Trust for Land Restoration (2008–2015)
  • Member, Environment, Energy, and Resources Section, American Bar Association (2003–Present; Vice Chair 2003–2008)

Honors

  • Best Lawyers in America® for Energy Regulatory Law, Environmental Law (2021–Present)
  • Chambers USA, Colorado, Environment – Band 3 (2021–Present)
  • Denver’s Top Rated Lawyers, Denver Post (2015)
  • U.S. EPA Bronze Medal for Commendable Service, Casmalia Resources Superfund Site (2003)
  • U.S. EPA National Superfund Team of the Year, Operating Industries, Inc. Superfund Site (2002)
  • U.S. DOJ Certificate of Commendation for Outstanding Performance and Invaluable Assistance In Support of the Activities of the Environment and Natural Resources Division (2001)
  • U.S. EPA Federal Employee of the Year, Civil Law Enforcement Category, Federal Executive Board (Bay Area) (2001)
  • U.S. EPA Gold Medal for Individual Exceptional Service, Iron Mountain Mine Superfund Site (2001)
  • California Lawyer of the Year, California Lawyer Magazine (2000)
  • U.S. EPA Gold Medal for Team Exceptional Service, Iron Mountain Superfund Site (1997)

Thomas A. Bloomfield's Projects

  • Colorado Clean Car Standards

    Colorado
  • Leviathan Mine Superfund Site

    California
projects that keep life moving®
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