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Jennifer T. Taggart

 

Partner

 

Email: jtaggart@ddsffirm.com


 

PRACTICE AREAS

*      Environmental Litigation and Compliance

*      Consumer Product Labeling and Proposition 65

*      Eminent Domain

*      Business and Real Property Litigation

*      Inverse Condemnation

 

ADMITTED

*      California Bar, 1995

*      United States District Court, Central District of California, 1995

*      United States District Court, Northern District of California, 2000

*      United States District Court, Eastern District of California, 2000

*      United States District Court, Southern District of California, 2000

*      United States Court of Appeals, Ninth Circuit, 2003

 

EDUCATION

*    J.D., Southwestern University School of Law, cum laude, 1995, Moot Court Honor's Board, Order of the Barristers

*    B.S., California Polytechnic State University, San Luis Obispo, 1990, Engineering Science; Highest GPA in Major, Dean's Honor List, President's Honor List, , Tau Beta Pi

 

BACKGROUND AND EXPERIENCE

Ms. Taggart’s practice focuses on environmental and eminent domain law.  Her environmental law practice includes litigation, regulatory counseling, regulatory development, and transactional issues.  Her specialties include Proposition 65 compliance and litigation, consumer product labeling, air quality and permitting, mold, and environmental remediation and cost recovery litigation.  She has broad experience in all aspects of federal, state and local environmental laws, including air quality, air toxics, solid wastes, hazardous wastes, hazardous materials, underground storage tanks, and water quality and wastewater issues.  She litigates and negotiates compliance issues arising under federal, state and local environmental laws and regulations before and with judicial and administrative bodies.   

Ms. Taggart’s experience in cost recovery litigation includes private cost recovery actions under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), the Resource Conservation and Recovery Act (“RCRA”), and related state common law claims.  She represents potentially responsible parties in both complex settlement negotiations and in alternate dispute resolution proceedings.  She is also experienced in obtaining environmental insurance coverage for her clients.  She has successfully resolved a number of environmental coverage cases against insurers for clients with contaminated properties.   

Ms. Taggart assists clients with developing appropriate labeling for consumer products to satisfy federal and state laws, including the Federal Hazardous Substances Act, the Consumer Product Safety Act, Proposition 65, and federal and state VOC content laws.  As part of this practice, Ms. Taggart has developed procedure manuals and trained staff to identify consumer products requiring labeling.   

Ms. Taggart is intimately familiar with Proposition 65 and related state law claims.  She has represented several clients in various Proposition 65 litigation matters.  She also assists clients with Proposition 65 compliance, including appropriate warnings and reformulation. 

Ms. Taggart assists clients with real estate transactions, particularly when complicated by environmental matters.  She has assisted clients with identifying environmental issues and found solutions to achieve her clients’ goals.  In particular, she has assisted several clients recently with identifying and remediating mold issues in several commercial transactions and procuring insurance coverage.  Ms. Taggart has also pursued mold based claims on behalf of property owners and tenants.

Ms. Taggart's eminent domain practice includes eminent domain, inverse condemnation, and CEQA and NEPA compliance.  Ms. Taggart has successfully represented both public agencies and private property owners in all stages of eminent domain proceedings, and dealt with the entire breadth of legal issues, including "right to take" challenges, claim for product enhancement and blight, severance damages, relocation assistance benefits, prejudgment possession, inverse condemnation, regulatory takings, loss of business goodwill, leaseholds, and easements.

Prior to practicing law, Ms. Taggart was an environmental engineer for Rockwell International Corporation, Rocketdyne Division.  She handled air permitting in jurisdiction of the South Coast Air Quality Management District and the Ventura County Air Pollution Control District, and compliance with AB 2588, the Air Toxics “Hot Spots” Information and Assessment Act; hazardous materials, business plans and related emergency planning; SARA; and Proposition 65.  She was also involved with remedial activities at several facilities. 

            Ms. Taggart’s engineering and compliance experience makes her uniquely suited to assist her clients.  Ms. Taggart understands her clients’ business operations and their concerns.  She provides regulatory counseling and compliance audits.  She assists her clients with identifying and preventing problems, as well as solving them.

 

PUBLICATIONS/SPEAKING ENGAGEMENTS

*      "Smart Mama's Green Guide: Reducing Toxic Chemicals in Your Baby's Environment," The Pump Station, Hot Topics Lecture Series, 2004, 2005, 2006

*      "Smart Mama's Green Guide: Reducing Toxins in Your Child's Environment," Beach Babies, September, 2005

*      "Things That Creep In The Night: A Mold Primer," 21st Annual Real Property Retreat, California State Bar, Real Property Section, 2002

*      "A Primer on Drafting Contractual Provisions to Cure Environmental Impairments," California Real Property Journal, Summer/Fall, 2001

*      "Pandora's Box: The Internet's Uncensored, Informal Culture has Created Defamation Issues that Require Businesses to Educate, Train and Supervise their Employees," Daily Journal: Verdicts & Settlements, February 4, 2000

*      "Stigma of contaminated Properties - Does It Exist," International Right of Way Association Education Seminar, 1999

*      "Environmental Jeopardy And the Answer Is . . .," International Right of Way Association Education Seminar, 1999

 

ORGANIZATIONS & ACTIVITIES

*      South Shores Homeowners Association, Secretary (2005), President (2004), Board Member (2003 and 2006)

*      Chair, Environmental Law Subsection (South), California State Bar, Real Property Section

*      Former Commissioner with the Los Angeles City Environmental Affairs Commission.  (Commissioner 1996-2000 and 2004-2005; President, 2000-2002, Vice-President, 2003-2004)

*      Volunteer, Children's Health Environmental Coalition, 2005 - present, and Contributor, CHEC Monthly Report

 

PUBLISHED OPINIONS

 

*      Nixon-Egli Equipment Co. v. John A. Alexander, et al., 949 F. Supp. 1435 (C.D. Cal. 1996)

 

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