Lawrence
S. Bazel
Law Practice
Larry Bazel practices in the areas of environmental litigation and administrative
proceedings, including matters related to water quality and wastewater discharges,
contaminated soil and groundwater, CEQA, water rights, toxic torts, and Proposition
65. He has represented cities, industries, and public-interest groups, and has
lectured on TMDLs, stormwater, and other Clean Water Act issues. Before practicing
law, he spent eight years as a hydrologist specializing in water pollution control,
and as a consultant to the Environmental Protection Agency, the National Science
Foundation, and municipal governments.
Prior Experience
Partner, Stoel Rives LLP (2001-2005); Partner, Beveridge & Diamond LLP (1991-2000);
Associate, Brobeck, Phleger & Harrison (1984-1991); Consulting Hydrologist
(1973-1981).
Representative Cases
Water Quality and Clean Water Act
City of Las Vegas. Assists City of Las Vegas and other Southern Nevada municipalities
on environmental issues relating to water quality and wastewater discharges,
including TMDLs, mathematical modeling, and NPDES permits.
United States v. City of Eureka. Represented ten property owners in defense
of claims that the property owners placed fill on tidal flats without a permit
from the Corps of Engineers. Creatively resolved without penalties.
BayKeeper v. Tosco. Represented discharger in citizen suit brought to regulate
stormwater discharges and air emissions alleged to be point-source discharges.
Obtained dismissal on the ground of mootness. After reversal in the Ninth Circuit,
settled to client’s satisfaction.
CEQA
Concerned Citizens v. City of Stockton. Defending City of Stockton against claims
that hiring company to operate city facilities violated CEQA. Prevailed on interlocutory
appeal.
Water Rights
Putah Creek Council v. Solano County Water Agency. Represented Putah Creek Council
in suit brought to enforce the public trust doctrine and Fish & Game Code
section 5937, which requires dam owners to release water to keep fish below
the dam in good condition. Prevailed at trial; favorably settled on appeal.
Proposition 65
People v. Ace Hardware. Represented 40 of 95 defendants in defense of claims
that the use of power tools on bricks and other masonry products exposes people
to crystalline silica and other carcinogenic substances. Resolved to satisfaction
of all clients.
Soil and Groundwater Contamination
Volvo GM Heavy Truck Corporation v. HM Holdings. Represented property owner
in private cost-recovery action against former owners for contaminating property
with zinc, other metals, and acids. Creatively resolved to client’s satisfaction.
Wiegmann & Rose v. NL Industries. Represented former property owner in private
cost-recovery action against previous owners for contaminating property with
lead, toluene, and other solvents. Prevailed on liability issues, and then settled
to client's satisfaction.
E/M Corporation. Represented North Hollywood solvent-using facility in negotiations
with Environmental Protection Agency about responsibility for groundwater contamination
with TCE and PCE. EPA decided not to sue.
Moore v. Dole Food Company. Represented former owner of real property in defense
of claims that it fraudulently failed to disclose presence of underground tank.
Negotiated satisfactory settlement with plaintiff and insurers.
Hewlett Packard v. Aydin. Represented former tenant in defense of claims that
it breached its lease by contaminating the property with PCBs and solvents.
Resolved to client's satisfaction.
E/M Corporation. Represented Mountain View solvent-using facility in negotiations
with its neighbor about responsibility for soil contamination along the boundary,
and for groundwater contamination downgradient. Negotiated satisfactory cleanup
program with the California Regional Water Quality Control Board and settlement
agreement with neighbor.
Hazardous Waste
People v. SPS Technologies, LLC. Represented industry sued for allegedly storing
and treating cyanide waste in violation of hazardous-waste requirements. Settled
to client’s satisfaction.
Safe Drinking Water Act
Western Coalition of Arid States (WESTCAS) v. U.S. Environmental
Protection Agency. Represented association of water and wastewater agencies in suit over
arsenic MCL. Settled to client’s satisfaction.
Toxic Torts
DeAnnethe v. National Refractories. Successfully defended manufacturer against
claims that airborne metals caused cancer in neighboring resident.
Mullen v. Armstrong World Industries. Successfully defended manufacturer of
asbestos-containing products against class action by persons owning homes where
asbestos-containing products were present. Action dismissed by trial court;
affirmed on appeal.
Lectures and Presentations
Frequent lecturer on stormwater, TMDLs, enforcement, and other Clean Water Act
issues; invited to testify about water pollution control before the U.S. House
of Representatives, Committee on Public Works and Transportation, Subcommittee
on Investigations and Review (1978).
The Clean Water Act at Thirty: A Failure After All These Years? 18 Natural Resources & Environment
46 (2003).
Water-Quality Standards, Maximum Loads, and the Clean Water Act: The Need For
Judicial Enforcement, 34 Hastings Law Journal 1245 (1983). |
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Contact
(415) 402-2711 Direct
(415) 398-5630 Fax
Education
J.D. cum laude, Hastings College of the Law, University of California,
1984; Editor, Hastings Law Journal
Admissions
State Bars of California, Nevada, and District of Columbia
United States Supreme Court
United States Courts of Appeals, Ninth and D.C. Circuits
United States District Courts, Northern and Eastern Districts
of California, and District of Nevada
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