Tim Swickard

Tim Swickard

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Tim Swickard focuses his practice on federal and state environmental regulatory compliance and litigation, real estate development, land use entitlement, environmental compliance, hazardous waste, and water law. He represents recycling, environmental cleanup, transportation industry businesses, commercial and residential developers, Indian Nations, public agencies, and landowners. Tim previously served as the director and chief counsel for Cal/EPA Department of Toxic Substances Control under Governor Arnold Schwarzenegger.

Tim counsels clients on a wide array of topics related to environmental and regulatory law, including USEPA, USCOE, Cal/EPA, USFSW, CDFW, FDA, USDA, and CDFA. He also represents clients in OSHA Workplace Health and Safety facility regulatory compliance and enforcement defense, permitting and licensing, transportation, and storage.

Tim represents clients in brownfields development and other fields where energy law, real estate law, and governmental regulation overlap, such as CEQA, NEPA, wetlands, endangered species, transportation law, natural resource damages, air quality, greenhouse gas emissions, contaminated site cleanup cost allocation, mining, timber harvesting, agricultural law, and legislative and regulatory advocacy.

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Expertise

Erfahrung

  • Lead defense counsel in numerous Clean Water Act citizen suits and Federal and State regulatory agency enforcement actions including wetlands and endangered species, stormwater SWPPP and federal CWA SPCC violation enforcement, and Clean Air Act Citizen Suit federal and state litigation cases. °
  • Provided lead compliance and enforcement defense counsel to clients in environmental health and safety government enforcement actions by local, state, and federal agencies including USEPA, USDOT, FDA, CDFA, OSHA, DTSC, RWQCB, CARB and DPR, Notices of Violation, administrative hearings, and federal and state court trials for Fortune 500 and mid-size companies for alleged violations of transportation, environmental, and hazardous waste laws. °
  • Spearheaded the administrative litigation defense of multiple Fortune 500 companies in connection with a statewide California Attorney General investigation of and multiple County and City District Attorneys’ offices’ investigations of the companies’ hazardous waste and materials practices. These cases raised complex issues of first impression involving the interface of Federal Hazmat transportation law and California Hazardous Waste law with the government claiming the right to seek billions of dollars of multi-day penalties for alleged transportation and facility hazardous material and waste management throughout California. °
  • Provided emergency response oversight, management, and regulatory interface environmental health and safety counsel for workplace and transportation spills, facility accidents and/or fires, and offsite impacts, post-fire cleanup, and business continuation issues. °
  • Led natural resource damages (NRDA) claims defense in Federal Court litigation defending airline against NRDA claims by U.S. Navy for an airliner crash at Pt. Mugu Naval Air Station on Pacific Coast Marine Estuary. °
  • Provided environmental and OSHA compliance and permitting workplace counsel to manufacturing and recycling businesses producing, transporting, disposing, and recycling oil, fuel, metals, chemicals, fertilizers, pesticides, and hazardous materials and wastes. °
  • Served as permitting, licensing, and compliance counsel for industrial, commercial, and real estate development clients for the siting and permitting of oil recycling facilities, hospitals, professional commercial buildings, and large scale residential/commercial developments. °
  • Provided legal counsel and oversight to the investigation, cleanup, and CERCLA and RCRA cost allocation litigation for USEPA and state Superfund sites in California, Alaska, Hawaii, Montana, Oklahoma, Nevada, Oregon, Washington, New Mexico, and the Nation of Bermuda, among others. °
  • Provided lead counsel for defense of Natural Resource Damages (NRDA) claims under OPA, CERCLA NPS, and state NRD statutes. °
  • Provided legal assistance for removal and cleanup of multiple UST’s and obtained reimbursement from California’s UST Fund for cleanup costs. °
  • Negotiated multiple Environmental Cleanup Cost Allocation Agreements and multiple Dept. of Defense Materials Base Cleanup case settlements with U.S. DOD, state governments, Indian Tribes, and private stakeholders, including Mare Island Naval Shipyard etc. °
  • Real estate development lead counsel for complete environmental due diligence and entitlements process for multiple large scale industrial/commercial and residential developments including CEQA and NEPA compliance and certification, land use entitlement process, Endangered Species Act, Army Corps of Engineers 404 Permits, and ESA Incidental Take Permits and Critical Habitat mitigation for affected species. °
  • Negotiated multiple commercial and industrial real estate purchase and sale agreements. °
  • Negotiated multiple commercial retail and office lease agreements. °
  • Negotiated multiple real estate development litigation settlement/release agreements. °
  • Lead defense counsel in numerous state water quality, stormwater SWPPP and federal Clean Water Act violation enforcement, and CAA Citizen Suit federal and state litigation cases. °
  • Lead counsel in numerous state, federal, and Native American tribal water rights determinations and adjudications. °
  • Lead counsel in obtaining USACE CWA 401 Water Quality Certifications. °
  • Lead administrative trial counsel in appeals of WDR’s, CAO’s, and ACL’s before the SWRCB. °
  • Lead counsel in obtaining state stormwater discharge permits and federal NPDES Permits. °
  • Oversaw water rights determinations for surface streams, riparian, and groundwater rights. °
  • Lead counsel in administrative litigation for waste and unreasonable use of water. °
  • Lead defense counsel in federal and state endangered species taking litigation and critical habitat violations litigation. °
  • Negotiated multiple development mitigation plans for endangered species such as the Elderberry Beetle, Delta Smelt, Sacramento River Winter-Run Chinook Salmon, Sacramento Splittail (Pogonichthys macrolepidotus), Central Valley Spring-Run Chinook Salmon, and Central Valley Steelhead, for developments in critical habitat designated lands under NEPA and CEQA. °
  • Provided legal counsel in negotiating habitat conservation plans and U.S. Army Corps of Engineers section 404 Dredge and Fill Permits in federal endangered species critical habitat areas. °
  • Researched and drafted comments for clients on the federal endangered species listing of the Carson Wandering Skipper and the Polar Bear. °
  • Submitted comments for clients on the critical habitat designation of the Carson Wandering Skipper and Western Sage Grouse. °
  • Lead counsel in federal Oil Pollution Act litigation for oil and fuel spill claims and associated natural resource damages claims. °
  • Provided counsel for siting, permitting and development of solar, geothermal, hydropower, and natural gas generating facilities throughout the United States. °
  • Drafted FERC licensing application for hydropower project. °
  • Lead counsel for Cal/X Power contract dispute litigation for PacifiCorp. °
  • Provided counsel for carbon credits trading under California AB32. °
  • Lead counsel for natural gas contract dispute over off specification gas delivery price deductions for federal BLM and State of New Mexico Contracts. °
  • Provided counsel for used oil recycling facility siting, permitting, and development including land use entitlements and CEQA approvals through CEQA EIR sufficiency litigation. °
  • Provided emergency response and remediation oversight counsel for 3-million-gallon oil fracking oil/saltwater brine spill, into private and state wetland headwaters of Missouri River and achieved closure under oversight of USEPA Region 8. °
  • Provided emergency response management counsel for 42,000-gallon jet fuel spill from 2.7 million-gallon tank in Honolulu, Hawaii, into Waikiki lagoon under regulatory oversight of USEPA Region 9 and U.S. Coast Guard. °
  • Provided counsel for development, and electrical power contract negotiation for low-temp geothermal facility in Wendel, California. °
  • Served as Arbitration Panelist Judge for large Northern California mining contract dispute between landowner and mining company. °
  • Assessed mineral and water rights for use in large mining operation in Northern California. °
  • Negotiated contracts for split-estate mineral rights access and development. °
  • Lead Federal Court Litigation Counsel for CERCLA Cost Allocation and RCRA litigation on Omega Chemical USEPA Superfund Site. °
  • Lead Federal Court Litigation Counsel defending Omega Airlines against Natural Resource Damages Claims by U.S. Navy for an airliner crash at Pt. Mugu Naval Air Station. °
  • Lead State Court Trial Counsel for alleged violations of Stormwater SWPPP and Endangered Species takings and Critical Habitat damage.
  • Lead Trial Counsel for Administrative Hearings before Federal and State ALJ’s and the SWRCB. °

°Some of the above representations were handled by Mr. Swickard prior to his joining Greenberg Traurig, LLP.

  • California EPA Department of Toxic Substances Control
    • Director, 2006-2007
    • Chief Counsel, 2004-2006
  • Judicial Extern, Hon. Edward C. Reed, Jr., U.S. District Court for the District of Nevada
  • Judicial Extern, Hon. Gregory G. Hollows, U.S. District Court for the Eastern District of California

Ausbildung

Akademische Ausbildung
  • J.D., cum laude, University of the Pacific, McGeorge School of Law
  • B.S., University of California at Davis
Zulassung
  • California