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PETER WEINER
Paul, Hastings, Janofsky & Walker LLP
345 California Street
San Francisco, CA 94104-2635
E-mail: pweiner@legalelite.com
Environmental
Legal Elite Online
Index
1. Specialty Description
2. Transaction Samples
3. Professional Activities
4. Speaker & Author & Teacher
5. Education

 

1. Description of Specialty

Mr. Weiner represents companies, trade associations and municipalities in federal, state, and local environmental and OSHA regulatory matters, litigation and legislation.

Mr. Weiner has a broad environmental practice in the area of real estate transactions, hazardous waste management, property cleanup, air and water quality, OSHA, California Environmental Quality Act (environmental impact reports), pesticides registration, Proposition 65 and tort liability.

2. Transaction Samples
Mr. Weiner has represented both large and small companies before regulatory agencies at every level of government. He has also successfully defended clients in Proposition 65 and California Environmental Quality Act litigation.

Cleanup and Development of Contaminated Property

· Represented steel company in modification of settlement agreement with Department of Toxic Substances Control to incorporate standard of land-use-based cleanup. Negotiated agreement for company to become part of Expedited Remedial Action Program (SB 923) (Fontana, Calif.)

· Represented purchaser of closed landfill in obtaining prospective purchaser agreement and judicial consent decree from state, EIR for development of outlet mall, and Cal-EPA agreement to development during cleanup (Carson, Calif.)

· Represented prospective purchaser of closed landfill in New Jersey in obtaining agreement limiting liability and entitlements for retail mall development (Elizabeth, N.J.)

· Represented prior owner of contaminated site in obtaining CERCLA settlement and cash out for all liabilities, including judicial decree with contribution protection (San Leandro, Calif.)

Solid and Hazardous Waste Experience: Landfills

· Represent two large hazardous waste facilities in Northern and Southern California in closure and post-closure negotiations with all relevant state, federal, and local agencies, and the public. Assist in preparation of environmental impact reports and defense thereof, entitlements for transitional development to productive use, and ancillary permitting and enforcement issues (West Covina and Benicia, Calif.)

· Obtained local land use permit for major new hazardous waste facility, assisted in preparation of environmental impact report, successfully defended EIR and permit in litigation (San Bernardino, Calif.)

· Represented cities in obtaining appropriate closure and environmental protection at local landfills within municipalities, negotiated franchise agreements, and wrote solid waste ordinances for municipalities (Richmond and Fremont, Calif.)

· Represented West Contra Costa County cities in creating the West Contra Costa County Integrated Waste Management Authority (Pinole, Hercules, San Pablo, Richmond, El Cerrito).

Treatment and Recycling

· Represented major hazardous waste treatment and recycling facilities, including inorganic recyclers, hydrocarbon recyclers, neutralization facilities, transfer facilities, etc. in obtaining and modifying permits, enforcement activities, EIRs (including successful defense in litigation), and community relations (Compton, Santa Fe Springs, Richmond, Chula Vista Emeryville, Los Angeles, Orange, Bakersfield, East Palo Alto, Calif.)

· Appointed to numerous committees of the Department of Toxic Substances Control regarding regulation of treatment, storage, and disposal facilities, participate in legislative activities pertaining to hazardous and solid waste.

· Represent large biomass facilities in recycling ash for agricultural and other uses.

Air Quality

· Represent large car manufacturers before ARB and EPA in objecting to recall of 2.1 million vehicles.

· Represent motorcycle manufacturers regarding reports on warranty claims on emission-related components.

· Represent large solvent manufacturer/distributor before ARB and local districts contesting feasibility of new requirements on solvent components.

· Represent numerous solid and hazardous waste companies in permitting and enforcement issues before air districts in California (South Coast, Bay Area, San Joaquin, Yolo).

· Represent coating facilities in rulemaking and permit and enforcement proceedings before South Coast and Bay Area Air Quality Management Districts.

· Represent equipment manufacturer in obtaining Best Available Control Technology (BACT) determination from EPA and California air districts.

· Represent various facilities in obtaining variances from local district air quality requirements.

Proposition 65

· Represent major chemical and manufacturing companies in regard to listing issues and various claims filed by plaintiffs regarding environmental, consumer product, and work place exposures.

3. Professional Activities

Mr. Weiner has been a consistent appointee to California governmental advisory groups regarding environmental issues, including the Unified Environmental Statute Commission and several advisory groups to the Department of Toxic Substances Control.

4. Speaker & Author & Teacher

Mr. Weiner has written several books and articles on environmental issues, concentrating on real property and leasing transactions, development of contaminated property and hazardous waste regulatory issues.

He has also spoken widely on these subjects for Continuing Education of the Bar, the Practising Law Institute, the American Bar Association, the European Economic Community and various legal education and industrial groups.

Mr. Weiner taught courses in occupational and environmental law for several years at the University of California's Boalt Hall School of Law and the University of San Francisco Law School.

He also served in various capacities in California State government from 1975 until 1983, including Special Assistant to the Governor for Toxic Substances Control and Chief Deputy Director of the Department of Industrial Relations, which includes the California/OSHA program.

5. Education

B.A., Harvard College, 1966, magna cum laude.

L.L.B., Yale University School of Law, 1970, member of the Yale Law Journal.

Master's degree in Economics, London School of Economics, 1967.

Mr. Weiner is admitted to the California Bar, various federal courts in California and the U.S. Supreme Court.