Earl L. Hagström Partner, San Francisco, California

Transcription

1 Earl L. Hagström Partner, San Francisco, California Environmental Water Quality Hydraulic Fracturing Eminent Domain Wetlands EARL L. HAGSTRÖM (DD) fax Current Scope of Practice Earl L. Hagström is a Partner in Sedgwick LLP s Environmental Toxic Tort and Natural Resources Practice Groups. Mr. Hagström represents clients in CWA and RCRA citizen suit actions and in cost recovery litigation involving soil and groundwater contamination. He also represents landowners in negotiations with the EPA involving the restoration and reclamation of abandoned uranium mines. Mr. Hagström represents manufacturing clients in Product Stewardship matters before the DTSC. Mr. Hagström coordinates ongoing and legacy remediations for clients by managing internal client resources and negotiating remedial requirements and consent agreements with State and Federal agencies. He has represented clients in litigation arising out of the disposal and release of flow-back and hydraulic fracturing fluids from oil and gas operations. He has directed the valuation of environmental liabilities in bankruptcy proceedings and environmental indemnities in facility acquisitions and real property transaction. Mr. Hagström also advises insurance clients on the allocation of risks and damages in matters involving multi-site and multi-party longtailed claims. Mr. Hagström has represented insurance interests in NRDA claims under CERCLA, the CWA and OPA. He has also successfully tried CERCLA and tort-based contamination cases before juries, courts and represented clients in administrative proceedings. Mr. Hagström has also been retained as an expert in the application of CERCLA. Mr. Hagström was an Exploration Geologist for Phillips Petroleum s Frontier Exploration Group (now Conoco-Phillips) ( ) and an Exploration and Operations Supervisor for British Petroleum s North Alaska Group ( ). He holds a B.A. in Geology from Boston University (1976), a M.S. in Sedimentation and Stratigraphy, magna cum laude, from the University of Rhode Island (1978) and a J.D. from the University of San Francisco (1990). Mr. Hagström s published decisions include Catellus Development v. USA, 828 F. Supp. 764 (N.D. Cal. 1993) and Catellus Development v. USA, 34 F.3d 748 (9th Cir.1994). Affiliations, Activities and Accomplishments Mr. Hagström was awarded an AV Peer Review Rating by LexisNexis Martindale-Hubbell and has been named one of the Bay Area s top lawyers by Bay Area Lawyer Magazine. He was also selected by his peers as one of the top five percent of Northern California environmental attorneys. He is Chair of Sedgwick LLP s Hydraulic Fracturing Task Force and Co-Editor of its Hydraulic Fracturing Digest. Mr. Hagström has been a

2 member of the Advisory Board of the Environmental Claims Journal since He is an Adjunct Professor of Environmental Policy and Decision Making ( and 2014) at the College of Marin and has been appointed to the college s Planning and Resource Allocation Committee. Mr. Hagström recently joined the advisory board of the University of San Francisco s Environmental Law Student and Alumni Society, which brings together alumni, students and faculty interested in environmental, energy and natural resources law. Mr. Hagström received Sedgwick s Mentor of the Year award in 2009 and continues to mentor Sedgwick associates. Mr. Hagström was a member of the Executive Board for the Environmental and Water Law Section of the Bar Association of San Francisco ( ). He was elected Vice-President of the Northern California Professional Environmental Marketing Association for the term. From 1990 to 1993 he served as Sedgwick LLP s representative to the San Francisco Chamber of Commerce Environmental Educations Committee and the California Manufacturers Association Environmental Quality Steering Committee. Mr. Hagström has spoken and published extensively on issues related to groundwater contamination, hazardous waste, and hydraulic fracturing. He is the editor and a contributing author for Perchlorate: A Scientific, Legal and Economic Assessment, (Lawyers and Judges Publishing, March 2006). He also served as a member of the National Ground Water Association s Environmental and Water Law National Speakers Panel. Publications Fracking Update, Sedgwick s Hydraulic Fracturing Digest (May 2014). State Legislation vs. Municipal Home Rule Over Fracking, Law360, New York (March 24, 2014). Divisibility and Apportionment Under CERCLA in 2013 More Fiction Than Fact, BNA Toxics Law Reporter, June 6, 2013 (republished from Bloomberg BNA Daily Environment Report, May 17, 2013). Fact or Fiction: Apportionment and Divisibility Under CERCLA, Daily Journal, April 22, Environmental Groups Claim Further Environmental Review Needed to Address Fracking Impacts, Sedgwick s Toxic Tort and Environmental Law Update, February Hydraulic Fracturing: Identifying and Managing the Risks, Environmental Claims Journal, May Hydraulic Fracturing Litigation Is on the Rise, Sedgwick s Hydraulic Fracturing Digest, September Hydraulic Fracturing in the Marcellus Shale Strategies for Legal and Regulatory Compliance, Navigating Legal Issues Around the Marcellus Shale (Aspatore Books, Thompson Reuters Publishing, 2011). Managing the Challenges of Climate Change Regulation for the Built Environment, Inside the Minds: The Legal Impact of Climate Change (Aspatore Books, Thompson Reuters Publishing, 2010). Climate Change, the Next Hot Topic in Product Liability Litigation, Defense Research Institute, December Muddy Waters, Los Angeles Lawyer Magazine article reviewed in Natural Resources & Environment, ABA Section of Environment, Energy and Resources, Spring 2008, Vol. 22, No. 4. Muddy Waters, the Maximum Contaminant Level, Non-Degradation Dichotomy, Los Angeles Lawyer Magazine, December 2007.

3 The Maximum Contaminant Level, Non-Degradation Conflict, American Bar Association Environment, Energy, and Resources Law, The Year in Review Perchlorate: A Scientific, Legal and Economic Assessment (Lawyers and Judges Publishing, 2006). E-Discovery Proposed Amendments, Emerging Case Law and Litigation Issues, Mealey s MTBE Teleconference, October 11, MCLs, PHGs and Damages, Mealey s Water Contamination Conference, September 26-27, Perchlorate Litigation: Shifting Standards and Strategies, National Ground Water Association, May Perchlorate Litigation, Regulation and Legislation: Where Will It Take Us? Ground Water Association of California, August California s Water Wars, San Francisco Recorder, May Perchlorate: The Chemical Du Jour in Environmental Law, ABA Superfund and Hazardous Waste Quarterly Report, June Beware the Polanco Act, San Francisco Recorder, March Environmental Liability for Medical Waste and Underground Storage Tank Liability, Healthcare Liability Deskbook (West Publishing, 2000). Underground Storage Tanks: Managing the Hidden Liability, Journal of Health Care Risk Management, June Coping with Underground Storage Tank Regulations, Risk Reporter, Vol. 5 No. 2, Spring Municipal Liability Under CERCLA: Are Municipalities Paying Their Fair Share? Air & Waste Management Association s 86th Annual Meeting, June Presentations Municipal Bans on Hydraulic Fracturing: Reasonable Regulations or Takings without Compensation, California Ground Resources Association Hydraulic Fracturing, Part Two: Panelist, Practitioner and Legal Perspectives, March 11, Trespassing on Your Neighbor s Property: Directional Drilling and Flowback Fluid Disposal, Chair, Water Law Institute Hydraulic Fracturing Conference, San Francisco, CA, January 23, Evolving Science and Environmental Impacts of Hydraulic Fracturing, Panelist, 248th American Chemical Society National Meeting, San Francisco, CA, August 13-14, Hydraulic Fracturing in California Co-Chair, Law Seminars International, Beverly Hills, CA, August 12, The State of Hydraulic Fracturing, Association of Environmental & Engineering Geologists, July 15, Regulation of Underground Contamination in Oil and Gas Production at Sites, Webinar Panelist, ELI Professional Practice Seminar Series, June 25, 2014.

4 The State of Hydraulic Fracturing, Environmental and Water Resources Institute, Oakland, CA, May 13, You Paid the Clean-Up Costs and You Think You re Done Think Again: A New Look at Recovering Post-Remediation Damages, What Defendants and Insurers Need to Know, Emerging and Environmental Claims Managers Association, Captiva Island, FL, April 30-May 2, Hydraulic Fracturing: An Overview of Legal, Technical and Economic Issues, [Confidential Client Presentation], April 23, The Use of Hydraulic Fracturing in the Monterey Shale Litigation, Regulation and Economics, Society for Marketing Professionals Annual Client Educational Conference, San Francisco, CA, March 20, Hydraulic Fracturing and the Battle Over Beneficial Water Use in California, 2014 California Unified Program Annual Training Conference, Panel- Chair San Mateo County, CA, February 3-6, Hydraulic Fracking and the Battle Over Beneficial Water Use in California, the Next Phase of Fracking Litigation in California, 44th American Chemical Society s Western Regional Meeting, Santa Clara, CA, October 3, Hydraulic Fracturing: Understanding and Managing the Risks and Resources, Contra Costa County Hazardous Materials Commission, Concord, CA, June 27, Hydraulic Fracturing Fracking It s Not Just About Contamination, Bay Area Environmental Safety Group, Santa Clara, CA, June 19, Legal Analysis and Trends in Banking, Business and Real Estate Transactions, Environmental Bankers Association Annual Meeting, San Francisco, CA, June 10, Hydraulic Fracturing: Understanding and Managing the Risk, Industrial Association of Contra Costa County, May Forum, Pittsburg, CA, May 8, Hydraulic Fracturing: Understanding and Managing the Risk, Alliance of Hazardous Materials Professionals Northern California Chapter meeting, San Francisco, CA, April 16, Hydraulic Fracturing: Understanding and Managing the Risk, Contra Costa Council Environmental/ Manufacturing Task Force, Walnut Creek, CA, April 5, Environmental Ethics: The Tension between Attorney-Client Confidentiality and Disclosure Duties, [Confidential Client Presentation], Philadelphia, PA, February 21, Fracking Injury Cases: Fracking Injuries and Illness, Speaker, National Business Institute Webinar, January 7, Hydraulic Fracturing: Understanding and Managing the Risk, Speaker, Environmental Bankers Association Webinar, November 15, Shale Gas and Litigation: Who Is Suing Whom and for What Reason?, Speaker, American Ground Water Trust & Association of Environmental & Engineering Geologists, Carolinas Section, Raleigh, NC, August, 9, 2012.

5 Hydraulic Fracturing: Understanding and Managing the Risk, Speaker, Groundwater Resources Association of California Symposium, Long Beach, CA, July 24, Defending Natural Gas Development and Hydraulic Fracking Litigation, Legal and Technical Strategies, Environmental and Emerging Claim Manager Association, Captiva Island, FL, May 2-4, Hydraulic Fracturing and the Legal Onslaught: Preparing for EPA Actions, New Statutory Requirements, and the Growing Litigation Threat, Speaker, Stafford Webinars, September 27, Hydraulic Fracking: Understanding and Managing the Risk, co-presented to clients, NJ and NY, April and May 5, How Bankruptcies Will Affect Environmental Lawyers in 2011, Speaker, ExecSense Webinar, January What Environmental Lawyers Need to Know About Hydraulic Fracturing, Speaker, ExecSense Webinar, September The Environmental Law Section, Moderator, San Francisco Bar Association s Ethics & Environmental Law 2009 Continuing Legal Education Seminar, San Francisco, CA, January 30, National Groundwater and Environmental Law Session, Co-chair, 2008 Groundwater Summit, Memphis, TN, April The Maximum Contaminant Level Non-Degradation Dichotomy, Speaker, National Groundwater and Environmental Law Annual Conference, Dublin, OH, July Recovering Damages in Groundwater Litigation, Speaker, Western Regional Water Law Conference, San Francisco, CA, July Lost Use Damages: Who Gets to Recover Them, Speaker, National Groundwater Association Water Law Symposium, Irvine, CA, May Assessing and Defending Against Toxic Tort Risks, Panelist, Northern California Chapter: Society for Risk Analysis Toxic Tort Symposium, San Francisco, CA, May Recovering Lost Use Damages Under Common Law Theories: Are You Paying Twice, Speaker, NW Contaminated Sediment Series, Seattle, WA, April MCLs, PHGs and Damages and E-Discovery Proposed Amendments, Emerging Case Law and Litigation Issues, Co-chair, Mealey s MTBE Teleconference, October MTBE Liability Theories, Panelist, Mealey s Water Contamination Conference, Marina Del Rey, CA, September Perchlorate Litigation: Shifting Standards and Strategies, Speaker, and Perchlorate Regulatory Roundtable, Panelist, National Ground Water Association MTBE and Perchlorate Conference, San Francisco, CA, May Perchlorate in California s Groundwater: Recent Legislation, Regulations and Legal Issues, Panelist, Groundwater Resources Association of California 11th Annual Symposium, Los Angeles, CA, August 2004.

6 California s Hazardous Waste Laws: What s New and What s on the Horizon, Speaker, Annual California Environmental Law Update, San Francisco, CA, July What to Do Right When Things Go Wrong, Speaker, Ecology & Environment Annual Environmental Compliance and Counseling Symposium, New York, NY, October A Defense Perspective, Perchlorate Groundwater Litigation, Speaker, Northern California Chapter of Risk Assessors, San Francisco, CA, November UST Liability, Speaker, Southern California Association of Healthcare Risk Managers and the California Society of Healthcare Risk Managers, Los Angeles and San Francisco, CA, Fall Trading Emission Reduction Credits, Session Chair, Air & Waste Management Association s 86th Annual Meeting, Denver, CO, June Municipal Liability Under CERCLA: Are Municipalities Paying Their Fair Share? Speaker, Air & Waste Management Association s 85th Annual Meeting, Kansas City, MO, June Education Mr. Hagström earned his J.D (1990) from the University of San Francisco School of Law, where he served as President and Public Program Director of the Environmental Law Society and was a recipient of the American Bar Association s Certificate of Excellence for its Urban Government Section. He also received an award for best oralist in the 1990 National Environmental Moot Court Competition held at Pace University, and was nominated for an American Jurisprudence Award in California Land Use Planning. Mr. Hagström received his B.A. (1976) in geology from Boston University and his M.S. (1978) in geology with a concentration in sedimentation and stratigraphy, magna cum laude, from the University of Rhode Island. Pro Bono Mr. Hagström has served as an arbitrator for the City and County of San Francisco s Homeless Shelter and Assistance Program.