October 26, 2021

Volume XI, Number 299


J. Tom Boer

Tom’s experience at the EPA and DOJ provides him with a firsthand perspective into how the government pursues and resolves enforcement actions. He, in turn, offers clients invaluable insights into the processes, risks, issues and strategies for resolving alleged environmental liabilities.

Tom represents companies, municipal utilities, and individuals in federal and state environmental litigation, in defense of environmental enforcement actions and citizen suits, in response to catastrophic environmental emergencies and chemical releases, and in connection with site cleanup and cost recovery.

Before entering private practice, Tom served as a trial lawyer with the United States Department of Justice and as a lawyer with the EPA’s Office of General Counsel. As a lawyer with the DOJ, Tom prosecuted cases on behalf of the United States under the Clean Air Act; Clean Water Act; Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); Federal Insecticide, Fungicide and Rodenticide Act (FIFRA); Oil Pollution Act; and the Park System Resource Protection Act.

Tom is admitted to practice before the US District Courts for the Northern, Eastern, Central and Southern Districts of California, and the US Courts of Appeals for the Ninth Circuit and the DC Circuit.

Relevant Experience

Enforcement and Citizen Suit Defense and Litigation. Tom represents clients in administrative and civil environmental enforcement actions brought by federal and state regulatory agencies and in response to citizen suits brought by environmental groups and other private parties. Relevant matters include:

  • Representing major northern California utility in response to Endangered Species Act citizen suit filed in the Northern District of California;
  • Representing California utility in response to a Clean Water Act and Resource Conservation and Recovery Act (“RCRA”) citizen suit filed in the Northern District of California;
  • Representing major municipality in response to Clean Water Act enforcement action alleging violations in the operation and maintenance of its sewer system and potentially seeking billions in injunctive relief;
  • Representing a substantial corporate landholder in pursuing claims against another corporation for contamination of its property and business interruption;
  • Resolving an EPA enforcement action for alleged violations of Spill Prevention, Control, and Countermeasure (SPCC) and Facility Response Plan (FRP) requirements at an industrial facility storing in excess of 10 million gallons of oil;

Articles in the National Law Review database by J. Tom Boer