Cases
Experience: Climate Change.: Mr. van Aelstyn advises clients on a host of issues relating to climate change issues, particularly those in California. Representative matters include: Representing the International Emissions Trading Association (IETA) as an intervenor defendant in the US's constitutional lawsuit challenging California's agreement with Quebec linking their two emissions trading programs, S. v. California, No. 2:19-CV-01242 (E.D. Cal.) (California
IETA prevailed on summary judgment
the case is pending before the Ninth Circuit)
Advising investors in the carbon market established under California's Cap-
-Trade Program
Advising companies with respect to ESG (environmental, social
governance) risks
opportunities
Represented one of California's largest clean energy providers with respect to all aspects of California's Cap-
-Trade Program, engaging regularly with senior California Air Resources Board (CARB) officials regarding rulemaking
related issues
Represented coalitions of trade groups
industrial entities in rulemakings with respect to CARB's Cap-
-Trade Program
Represented multiple manufacturing entities with respect to disputes concerning the GHG emission benchmarks that CARB established for their respective industrial sectors
related issues under AB 32
Represented l
owners in forest offset project agreements of various kinds, including numerous transactions representing over $250 million
many millions of offset credits
Represented an NGO in a large-scale project with the Green Climate Fund to develop REDD+ capacity
Represented IETA
others as intervenor defendants in the lawsuit challenging California's offsets program, Our Children's Earth Foundation v. California Air Resources Board (2015) 234 Cal.App.4th 870
Prepared an amicus brief for IETA
others in the lawsuit challenging California's GHG emission allowance auctions, California Chamber of Commerce, et al. v. California Air Resources Board, (2017) 10 Cal.App.5th 604 (the Court's decision reflected the argument of our brief)
Advising numerous clients with respect to regulatory compliance issues under both state
federal greenhouse gas regulatory programs.
CERCLA: .: Mr. van Aelstyn represents individual PRPs
serves as common counsel for PRP groups at several state
federal Superfund sites. He has negotiated settlements with state
federal regulatory agencies, as well as other PRPs. He also has h
led allocation disputes
other internal PRP group issues. Nico has experience with all manner of Superfund sites, including large contaminated sediment sites, regional groundwater plume sites, waste disposal sites, drum reconditioning facilities
various other industrial facilities. Several of these involve natural resource damages (NRD) claims by federal
state natural resource trustees. These sites require comprehensive strategies that address remediation
NRD issues
their intersections with allocation issues. Sites at which Nico is or has recently been active include: Yosemite Slough Superfund Site, San Francisco, CA (EPA Region IX
its only active sediment site): have been serving as common counsel for the PRP group at the Site since the outset
led the effort to negotiate an EE/CA with EPA for this removal action
negotiated an Interim AOC with EPA for the performance of pre-design technical studies
h
ling negotiations with other PRPs, including several governmental entities,
participating in an ADR allocation process
Portl
Harbor Superfund Site, Portl
, OR (EPA Region X): have been representing PRPs at this large, complex sediment site since 2006, from before EPA's issuance of 104(e) information requests through private party cost recovery litigation, the development of an extensive ADR allocation process with approximately 100 PRPs, a PRP group's performance of the RI/FS, EPA's issuance of the ROD,
a 2020 AOC for the performance of remedial design at one portion of the river
actively representing a PRP in the allocation process
Lower Duwamish Waterway Superfund Site, Seattle, WA (EPA Region X): large, complex sediment site
represented a PRP in the PRPs' extensive ADR allocation process
Cooper Drum Superfund Site, South Gate, CA (EPA Region IX): counsel for several PRPs working with others in a group under a CERCLA Section 106 order
negotiated an allocation amongst the PRPs, both in
outside of the group
negotiated a consent decree settlement with EPA
representing a PRP in the implementation of the cleanup under the consent decree settlement
Davis Chemical State Superfund Site, Los Angeles, CA (Cal. DTSC): former solvent recycling facility
common counsel for PRP group that performed RI
prepared RAP
negotiated a consent decree settlement many years later after DTSC renewed enforcement,
defended that settlement successfully in the Central District of California
the Ninth Circuit Court of Appeals
Casmalia Resources Superfund Site, Santa Barbara County, CA (EPA Region IX): disposal site
common counsel for small PRP group
coordinating counsel for larger PRP group
negotiated favorable settlements.
Contaminated Property Litigation: .: Mr. van Aelstyn represents property owners
tenant operators in cost recovery lawsuits regarding contaminated property in state
federal courts. These have included cases concerning a variety of contaminants (VOCs, petroleum products, etc.)
types of property (shopping malls, industrial
rural properties). One extensively litigated case concerned a dispute between the owner of the fee estate
those holding the oil
gas interests. Mr. van Aelstyn successfully negotiated settlements in all of these matters.
RCRA Disputes.: Mr.: van Aelstyn is representing a government contractor in contract disputes regarding the h
ling of hazardous wastes generated by Naval vessels.
Brownfields Redevelopment.: Mr. van Aelstyn has h
led the conversion to productive use of numerous properties with complex environmental issues. He negotiated some of the first prospective purchaser agreements (PPAs) in the country, which concerned the conversion of former disposal sites to retail use.
Other Environmental Matters: .: Mr. van Aelstyn represents clients in a wide variety of other environmental regulatory matters, environmental due diligence for renewable energy projects as well as corporate transactions
lawsuits. These have included numerous large scale wind solar projects across the U.S.
complex transactions concerning multiple facilities with contamination issues. He's also represented clients in lawsuits concerning enforcement actions under the Clean Water Act
the applicability of U.S. dolphin-safe tuna fishing statutes to U.S. citizens on foreign-flagged vessels.
