David D. Cooke

Representative Matters 

Air Quality and Climate Change

• Imperial Irrigation District (IID) (Imperial County, CA). Represented IID in connection with claims by local and state air pollution control agencies regarding permit requirements applicable to temporary construction activities undertaken by contractors engaged to line a portion of the All American Canal, which conveys Colorado River water into Southern California. 
• In the Matter of Evergreen Pulp, Inc. Represented former owner of kraft pulp mill in North Coast Unified Air Quality Management District and California Air Resources Board administrative proceedings, including air quality management district hearing board hearings on permit appeals, variances, and abatement orders, and in federal Clean Air Act citizen suit. 
• United States v. Campbell Soup Company; Communities for a Better Environment v. Campbell Soup Company, et al., U.S. District Court, Eastern District of California. Represented food product manufacturer in actions by Justice Department and a citizen group for injunctive relief and civil penalties based upon alleged violations of Clean Air Act new source review requirements at can manufacturing facility. 
• Bayview Hunters Point Community Advocates, et al., v. Metropolitan Transportation Commission, United States Court of Appeals for the Ninth Circuit. Represented MTC, the Metropolitan Planning Organization for the nine county San Francisco Bay Area, in Clean Air Act citizen suit alleging failure to comply with transportation control measure designed to reduce regional tailpipe emissions by encouraging use of mass transit. 366 F.3d 692 (2004). 
• Citizens for a Better Environment v. Wilson, et al., United States District Court, Northern District of California. Represented MTC, the Metropolitan Planning Organization for the nine county San Francisco Bay Area, in Clean Air Act citizen suit regarding compliance with the "transportation conformity" requirement of the Clean Air Act, and regarding the implementation of a contingency plan triggered by and alleged failure of the Bay Area to show "reasonable further progress" toward attainment of NAAQS for ozone and carbon monoxide. Numerous reported decisions, including, e.g., 775 F. Supp. 1291. 
• County of Imperial, et al., v. United States Department of the Interior, et al., U.S. District Court, Southern District of California. Represented IID as intervenor in action by Imperial County and Imperial County Air Pollution Control District to invalidate 2003 Colorado River Water Delivery Agreement on theories that federal approvals of that agreement violated the National Environmental Policy Act (NEPA) and the general conformity provisions of the Clean Air Act.

Environmental Counseling and Transactional Matters 

• Aircraft Engine Manufacturer (Alameda County, CA). Represented engine manufacturer in matters involving soil and groundwater investigation and cleanup at aircraft engine repair and test facilities in Oakland, CA. 
• Freshwater Tissue Company LLC (Humboldt County, CA). Represented owner of paper pulp mill in analysis of and negotiations and regulatory analysis and advice concerning NPDES permitting for industrial wastewater discharges, in soil and groundwater investigation and cleanup, and in facility demolition. 
• Non-Profit Community Center and Senior Living Facility (Santa Clara County, CA). Represented non-profit in environmental aspects of development of community center and associated senior housing on site of releases of chlorinated solvents from historical satellite manufacturing operations. 
• Confidential Energy Company Client. Represented large energy company in resolution of environmental disputes with transferor to client of hundreds of industrial, distribution and retail assets. 
• Confidential Real Estate Developer or Investment Clients. Represented numerous clients regarding environmental aspects of real property transactions, including environmental due diligence, insurance, purchase and sale agreements, leases, risk analysis, and post-acquisition cleanup. 
• Confidential Client. Represent alleged successor to former owner and operator of California mercury mine in cleanup actions and activities.

Environmental Litigation

Governmental Enforcement Actions and Citizen Suits

• Bayview Hunters Point Community Advocates, et al., v. Metropolitan Transportation Commission, United States Court of Appeals for the Ninth Circuit. Represented MTC, the Metropolitan Planning Organization for the nine county San Francisco Bay Area, in Clean Air Act citizen suit alleging failure to comply with transportation control measure designed to reduce regional tailpipe emissions by encouraging use of mass transit. 366 F.3d 692 (2004).
• Citizens for a Better Environment v. Wilson, et al., United States District Court, Northern District of California. Represented MTC, the Metropolitan Planning Organization for the nine county San Francisco Bay Area, in Clean Air Act citizen suit regarding compliance with the "transportation conformity" requirement of the Clean Air Act, and regarding the implementation of a contingency plan triggered by and alleged failure of the Bay Area to show "reasonable further progress" toward attainment of NAAQS for ozone and carbon monoxide. Numerous reported decisions, including, e.g., 775 F. Supp. 1291. 
• In the Matter of Evergreen Pulp, Inc. Represented former owner of kraft pulp mill in administrative actions by Regional Water Quality Control Board for civil penalties based on claims of illegal discharge of mill wastewater to the Pacific Ocean.

Contaminated Soil, Surface Water and Groundwater (including Superfund) 

• Large Food Processing Client - San Gabriel Valley Superfund Site/Puente Valley Operable Unit (Los Angeles County, CA)  Represented large food processing client in negotiations with U.S. Department of Justice and U.S. EPA of terms of consent decree, and with potentially responsible parties (PRPs) regarding cleanup responsibilities, cost contributions, and resolution of claims for contamination and treatment costs by affected water purveyors. 
• County of Santa Clara v. BKHN, Inc., et al., U.S. District Court, Northern District of California. Represented alleged successor in interest to former owner of defunct mercury minesite near San Jose, California in action involving responsibility for cleanup costs. 1996 trial resulted in judgment on third party claim for contribution of response costs from successor to World War II - era investment bank found to be an "operator" of the minesite. 
• The Petra Group v. Southern Pacific Transportation Company, California Superior Court, San Luis Obispo County. Represented railroad in fraud and rescission action by residential developer based on alleged failure to disclose subsurface petroleum storage facilities in connection with sale of real property. Obtained defense verdict after six week jury trial. 
• Maionchi, et al. v. Union Pacific Corporation, et al., U.S. Court of Appeals for the Ninth Circuit. Represented plaintiffs in action to enforce environmental defense and indemnity provisions of complex merger agreement. Prevailed in U.S. Court of Appeals for the Ninth Circuit, obtaining ruling that clients are entitled to full indemnity and declaratory relief. 
• United States v. J.B. Stringfellow, et al., U.S. District Court, Central District of California. Represented third party defendant that allegedly arranged for disposal of hazardous wastes at the Stringfellow Superfund Site in Glen Avon, California. 
• United States v. County of Santa Clara, et al., U.S. District Court, Northern District of California. Represented manufacturing company, alleged successor to former owner of defunct mercury minesite in San Jose, California, in settlement through consent decree of state and federal trustees' natural resource damages claim under CERCLA. 

Natural Resources 

• Abatti v. Imperial Irrigation District (IID) (Imperial County Superior Court. Represented IID in action by group of farmers alleging that IID’s policies for “equitable distribution” of water during periods of “supply/demand imbalance” (i.e. water shortfalls) violate a “trust” obligation, and that adoption of regulations implementing that policy violated CEQA. Prevailed in bifurcated trial of CEQA claim. Affirmed on appeal. 
• United Anglers of Southern California, et al. v. California Fish & Game Commission; Robert C. Fletcher v. Blue Ribbon Task Force of the Marine Life Protection Act Initiative, et al. Represented groups of recreational anglers in action to set aside regulations adopted by the Fish & Game Commission pursuant to the "Marine Life Protection Act Initiative," on grounds that regulations were adopted without adequate statutory authority and in violation of CEQA. Also represented individual recreational angler in successful action to enforce Public Records Act requirements against two state agencies created by the Marine Life Protection Act or the MLPA Initiative. 
• County of Imperial, et al., v. United States Department of the Interior, et al. – (U.S. District Court, Southern District of California). Represented IID as intervenor in action by Imperial County and Imperial County Air Pollution Control District to invalidate 2003 Colorado River Water Delivery Agreement on theories that federal approvals of that agreement violated the National Environmental Policy Act (NEPA) and the general conformity provisions of the Clean Air Act. 
• Sierra Club v. California Coastal Commission, California Superior Court, San Diego County. Represented private club in action challenging vested rights determination with respect to alleged coastal development.