Byron Gee represents clients in trial courts and administrative hearings on all areas of water rights and environmental law. He specializes in the Comprehensive Environmental Response Compensation and Liability Act, the Hazardous Substance Account Act, the Resource Conservation and Recovery Act, the Clean Water Act, and the California Porter Cologne Act. Mr. Gee also provides counsel in administrative proceedings and defends claims based on Federal, State, and local air quality regulations, as well as water rights disputes.
Before practicing law, Mr. Gee was a vice president and general manager at various oil companies. One of his main responsibilities was to ensure that these companies complied with all Federal, State and local environmental laws. Mr. Gee was named a "Super Lawyer" for Environmental Law in 2011 and 2012 by Los Angeles magazine.
Representative Work
Castaic Lake Water Agency et al. Represented water purveyors and water wholesalers in a Perchlorate contamination cost recovery claim. This matter involved concurrent negotiations with the Defendants and California Regulatory Agencies to, among other things, develop a voluntary oversight agreement with the Department of Toxic Substances Control. A settlement agreement has been signed by all parties that will provide an estimated $100 million dollars for clean up. See published opinion - 272 F.Supp.2d 1053(C.D. Cal. 2003).
Main San Gabriel Basin Watermaster and County of Los Angeles. Represents the Watermaster, County of Los Angeles Department of Public Works and Los Angeles County Flood Control District in South El Monte Operating Unit CERCLA litigation. Assisted with the successful negotiation of a landmark $350 million settlement with eight of the companies responsible for contaminants, including perchlorate, NDMA, 1-4 dioxine and VOCs.
Alon Energy USA. Represents Alon to resolve groundwater contamination issues associated with its Bakersfield Refinery. Representation involves Cleanup and Abatement Order negotiations with the Regional Board and negotiations to apportion site cleanup costs with past owners of the refinery site.
City of Ventura. Represents the City of Ventura in obtaining a hotly contested NPDES permit before the Los Angeles Regional Board and defense of Clean Water Act claims by Ventura Coastkeeper.
TAWA, Inc. (aka 99 Ranch Market). Represents 99 Ranch Market in a high profile South Coast Air Quality Management District Order of Abatement that required the market to close its on site restaurant. Settled the alleged violations for a nominal penalty.
Ultramar Inc. Representing an oil company appealing various Regional Water Quality Control Board Investigation and Cleanup and Abatement Orders to the State Water Resources Control Board and negotiating cleanup liability/costs with other site PRPs.
Cypress Street Investments. Represented client before EPA judicial hearing board to establish that Cypress Street Investments is an innocent landowner under CERCLA and not liable for the $32 million site cleanup costs incurred by EPA.
Port of Oakland. Provided legal counseling for adoption of the Port's Master Air Quality Improvement Plan and Clean Truck Program to require drayage truck owners to comply with new ordinances and tariffs to reduce particulate emissions. The programs were successfully implemented without legal challenge from the regulated entities.
CR&R Incorporated. Represented CR&R in alleged violation of SCAQMD's alternative fuel fleet rule for trash collection trucks.
Chevron, Mobil, Ultramar Diamond Shamrock, and Edgington. Represented various oil companies in South Coast Air Quality Management District in variance and rule adoption hearings.
Fletcher Oil and Edgington Oil. Represented client in administrative hearings in front of the California Resources Board relating to gasoline and diesel fuel specifications and their impact on automobile and truck emissions.
Santa Clara Valley Water District. Represents water district in an administrative appeal of a water contamination Clean Up and Abatement Order before the State Water Resources Control Board. Successfully compelled the polluter to continue supplying alternative drinking water.
City of Los Angeles. Represents the City of Los Angeles, Harbor Division in two CERCLA cost recovery cases at the Port of Los Angeles to recover its response costs from site operators.
Duke Energy. Represents Duke Energy in a contract dispute regarding ownership of Clean Air Act Title IV acid rain allowances. Settled favorably with client winning 2/3 or emission credits.