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ADMITTED
California Bar, 1998
United States District
Court, Central District of California, 1999
United States District
Court, Northern District of California, 2000
EDUCATION
University of Washington School of Law,
Seattle, Washington, J.D., 1998
Rice University,
Houston, Texas, B.S., Environmental Engineering, June, 1995
BACKGROUND
AND EXPERIENCE
Mr.
Langa’s practice focuses primarily on environmental and real
estate law. Mr. Langa has a strong background in the
environmental field and is readily familiar with both the
technical and legal issues surrounding environmental
matters. In this regard, Mr. Langa’s practice has
encompassed environmental litigation, environmental
compliance, and environmental legislative and regulatory
updates. In these matters, Mr. Langa represents
individuals, public and private companies, and governmental
entities. Further, Mr. Langa often assists private parties
and public entities in the acquisition of and development of
properties, particularly when such transactions are
complicated by environmental concerns. Mr. Langa often
works closely with experts and consultants and supervises
their work product in both litigation and general
transactional settings. Mr. Langa also often communicates
and negotiates with regulatory agency personnel.
Mr. Langa was named a Southern California Super
Lawyers Rising Star in 2006, 2007, and again in 2008. Mr.
Langa has also been a guest lecturer at regional and
national National Business Institute (“NBI”) seminars and at
Los Angeles Chapter of the International Right of Way
Association meetings; his most recent engagement is a June
9, 2008 national teleconference seminar entitled “Commercial
Leases: Environmental Requirements and Provisions.” Mr.
Langa is the former Chair of the Steering Committee of the
California Waste Association, Los Angeles and Orange County
Chapter.
PUBLICATIONS
Mr.
Langa has had several items published in annual and monthly
trade publications targeting environmental concerns of
specific interest groups. Mr. Langa's recent articles,
"Taken to the Cleaners," from the June 2005 issue of the Los
Angeles Lawyer and "Continuing Waste" from the July 16, 2007
Los Angeles Daily Journal, may be found in the What's New
section of this website.
SIGNIFICANT
REPRESENTATIONS
CERCLA/RCRA
Lawsuits and Related State Causes of Action
·
Substantial experience
in defending and prosecuting cost recovery actions brought
under CERCLA and related state causes of action including
representation of potentially responsible parties (“PRP”) at
numerous Superfund sites such as the Operating Industries,
Inc. (“OII”) Superfund Site; McColl Superfund Site; Gardena
Sumps Site; Montrose Site; Del Amo Site; San Fernando Valley
Superfund Site; and San Gabriel Valley Superfund Site.
Often achieved favorable settlements documented with Consent
Decrees with enforcement agencies.
·
Appointed Liaison Counsel by
United States District Court in a large scale CERCLA
litigation. Proposed a complex civil litigation procedure
to simplify the massive litigation and then negotiated and
finalized multifaceted settlements involving numerous PRPs,
municipalities, water companies, and Federal and State
regulatory agencies.
·
Worked with
enforcement personnel to bring several PRP’s to the
negotiating table on behalf of a client with an option to
purchase a State Superfund site – despite an earlier
unsuccessful suit brought against the same PRP’s by the
prior owner of the site.
·
Represented
international oil and gas corporation with respect to
multiple sites allegedly contaminated due to past
activities. Representations have included responding to
Federal and State enforcement agency claims and the
negotiation of favorable Consent Decrees and Enforcement
Orders while also investigating and prosecuting successful
cost recovery claims against other PRPs, many of which had
not been previously identified by the regulatory agencies.
Representations have also included defense of claims from
private parties, including a settlement on terms extremely
favorable to the client after successful demurrer and motion
practice.
·
Defended clients
against several Proposition 65 claims and negotiated
favorable settlements with citizen/plaintiffs.
·
Represented several metal
plating facilities in connection with EPA CERCLA and RCRA
enforcement activities.
Property
Acquisition, Development, and Management
·
Assisted numerous
private parties with the acquisition, development, and
management of industrial, commercial, and residential
properties – often when such transactions are complicated by
environmental concerns. The property uses at issue have
ranged from industrial manufacturing, retail, strip malls,
restaurants, gasoline stations, trailer parks, multi-family
residential including condominium and apartment complexes,
golf courses, large private estates, and more.
·
Represented numerous
lessors and lessees in lease disputes. These matters often
involve large industrial tenants and alleged environmental
impacts to the real property by past or present operators,
tenants, and owners. Utilized unique unlawful detainer
procedural statutes to facilitate and expedite litigation of
the matter and obtain prompt, successful settlements or
verdicts.
·
Prosecuted and
defended matters associated with breaches of multi-million
dollar real property purchase and sale agreements.
·
Negotiated and
finalized numerous access and indemnity agreements to
address and allocate cleanup responsibility among parties at
particular properties.
· Worked
with appropriate Federal and State regulatory agencies
including Department of Toxic Substance Control, Regional
Water Quality Control Boards, and Certified Unified Public
Agencies, to obtain “no further action” characterizations
and similar appropriate directives to facilitate development
of allegedly contaminated sites.
· Researched
and reviewed potential site acquisitions to address
environmental concerns raised by buyers and sellers.
Assisted consultants, including environmental engineers,
surveyors, and health risk assessors, in completing work in
a timely and efficient manner sufficient to allow the
planned transaction and/or project.
· Assisted
public entities with acquisition and planned development of
private property complicated with environmental concerns.
Redevelopment / Brownfields
·
Represented private
developers and redevelopment agencies concerning large
brownfields projects including property acquisition, liaison
with regulatory agencies' regarding cleanup oversight and
closure, implementation of Polanco Act on behalf of
redevelopment agencies, and obtaining Federal and State
assistance.
·
Obtained on behalf of
a redevelopment agency one of the first, (and still only one
of a few), Polanco Act immunity letters issued by the Los
Angeles Regional Water Quality Control Board (“LARWQCB”);
this effort included much research and negotiation with
LARWQCB personnel and counsel to obtain an acceptable
document.
Toxic Torts
·
Represents clients in
the complex methyl tertiary-butyl ether (“MTBE”)
Multi-District Litigation which involves more than 100
lawsuits consolidated in federal court in the Southern
District of New York.
·
Represented multiple
defendants in complex toxic tort litigation involving
alleged contamination of groundwater underlying the San
Gabriel Valley. This action involved approximately 3000
plaintiffs and 100 defendants including water purveyors,
public entities, general industry and businesses.
·
Defended large oil and
gas distributor in several matters against toxic tort claims
brought by various downstream users alleging injuries
stemming from alleged exposure to gasoline products.
·
Awarded summary judgment on
behalf of defendant, a materials recovery facility, for
alleged injuries caused by alleged contamination emanating
from the facility.
General
Compliance
·
Advised numerous
clients regarding environmental regulatory compliance
requirements in a variety of fields including, but not
limited to, property acquisition and development, paint and
finishing manufacturing, nurseries, nutritional supplement
manufacturing, oil and gas production and refining,
rendering, and metal plating. Advice includes not only
current requirements related to various environmental
oversight agencies’ permitting and regulatory requirements
but also monitoring of proposed future changes in order to
continually advise clients of the ever changing regulatory
climate.
Insurance
Coverage
·
Represented several
clients in association obtaining insurance coverage for
environmentally related losses. Cases include but are not
limited to: a large industrial facility’s recovery of
damages from multiple insurance carriers caused by their
failure to defend and indemnify in connection with petroleum
products contamination of soil and groundwater; a Superfund
PRP’s recovery of defense and indemnity costs despite
overwhelming precedent indicating coverage was not
available; and, representation of owner suffering from mold
contamination to residence.
· Obtained
full indemnity payment on claim initially denied based upon
novel application of the Vacancy Clause.
· Negotiated
insurance coverage products on behalf of clients acquiring
allegedly contaminated properties and/or undertaking
assessment and remediation activities.
Air Quality
·
Litigated variance
petitions, orders for abatement, and notices of violation
(“NOV”) in connection with various clients’ operations in
the South Coast Air Quality Management District. Negotiated
settlement agreements resolving NOV’s on terms favorable for
our clients. Successfully worked with SCAQMD personnel to
limit damages related to specific NOV’s and deflect a
Proposition 65 citizen suit threatened against both our
client and SCAQMD. Communicated with United States
Environmental Protection Agency air quality personnel to
address alleged violations by clients’ facilities located
throughout the United States. Advised clients regarding
compliance requirements and successfully obtained necessary
permits from Federal, State, and local agencies. Clients
have included crane operators, large-scale nurseries,
rendering facilities, nutritional supplement manufacturers,
expanded polystyrene manufacturers, and more.
Water Quality
·
Worked with State and
Regional Water Quality Control Boards on behalf of several
clients. Coordinated with Board representatives to obtain
no further action letters associated with allegedly
contaminated properties. Representation often involved
underground storage tanks and included successful
prosecution of recovery claims from the Underground Storage
Tank Cleanup Fund.
· Represented
numerous developers and large building owners in connection
with Los Angeles Regional Water Quality Control Board and
Santa Ana Regional Water Quality Control Board enforcement
and permitting concerns.
· Represented
client in criminal defense of alleged violation of
Porter-Cologne Water Quality Act and successfully plea
bargained numerous alleged misdemeanor violations down to
infraction status.
·
Assisted public entity
clients with potential prosecution of citizen suit under
Clean Water Act.
Other Regulatory Compliance
·
Worked with numerous
Federal, State and local agencies including, but not limited
to the EPA, DTSC, Integrated Waste Management Board, Public
Utilities Commission, various RWQCB’s, various AQMD’s,
California Coastal Commission, Department of Fish and Game,
Certified Unified Program Agencies (“CUPA”), and others to
achieve clients’ goals.
Eminent Domain and Inverse Condemnation
·
Assisted on several
cases that resulted in favorable settlements and verdicts
for clients whose properties and businesses were being
condemned by various public entities.
·
Drafted successful
appellate brief reversing jury verdict awarded against
client while represented by other counsel. Appeal involved
complicated inverse condemnation legal issues and result
negated an award of more than one million dollars.
·
Assisted on the
representation of the County of Los Angeles and several
municipalities and redevelopment agencies in the Southern
California area. Results included efficient and economical
acquisition of target properties and/or property interests
including obtaining a jury award less than the client’s
initial written offer associated with a multimillion dollar
claim.
Breach of Contract and Related Business Litigation
·
Litigated several
breach of contract actions including: action against a large
public entity concerning withdrawal of contract successfully
bid upon; contract dispute related to environmental cleanup
of closed refinery; large scale petroleum company's alleged
breach of service contracts; and brokerage fees associated
with sale of multimillion dollar Portuguese estate and
winery. Each matter resulted in a successful settlement.
·
Represented several
clients in both prosecution and defense of unlawful detainer
actions. Cases often included alleged environmental
contamination of the leasehold and owner/tenant
responsibility for such.
·
Litigated to a
successful verdict, including attorneys’ fees, on behalf of
a property owner with respect to a buyer’s withdrawal from a
multi-million dollar purchase and sale agreement;
successfully argued that the buyer’s failure to recognized
certain environmental concerns during contingency periods
was the failure his due diligence and did not give a right
to withdraw upon later discovery of the same.
·
Advised client
regarding alleged infringement of copyright, trademark, and
unfair competition violations by a national competitor.
·
Represented business through
litigation against municipality for alleged violation of
civil rights and inverse condemnation associated with
improper enforcement of ordinances against business
operations.
Appellate Work
·
Representation of
public and private entity clients at the appellate stage
including, but not limited to, retention to file amicus
briefs on significant environmental related issues.
Successfully reversed a jury verdict in excess of one
million dollars which was awarded against a client while
said client was represented by other counsel.
ORGANIZATIONS AND ACTIVITIES
§
Federal Bar Association, Litigation Section
§
Los
Angeles County Bar Association, Environmental and Litigation
Sections
§
National Business Institute, Speaker.
§
International Right of Way Association, Chapter 1
§
California Waste Association (Former Chair of Los
Angeles/Orange County Steering Committee
§ Harbor
Association of Industry and Commerce, Governmental Affairs
Committee
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