ADMITTED
California Bar, 1987
EDUCATION
J.D.,
Southwestern University School of Law, 1986
M.S.,
Southern
Illinois University, 1980
B.S.,
Southern
Illinois University, 1978
BACKGROUND AND EXPERIENCE
Mr.
Francis is the head of the Firm’s Environmental Department. He has
over 21 years of experience dealing with contaminated real property
and superfund sites, with over 14 of those years providing legal
advice and representation to clients in a wide array of sites and
matters.
He
concentrates his practice on: Representing clients on issues and
cases involving the impact of environmental laws on commercial and
industrial real properties throughout California; Redevelopment of
contaminated properties including projects involving the Brownfields
and Polanco Act; Environmental compliance and insurance issues;
Contaminated properties, groundwater contamination and underground
storage tanks; and Cost Recovery litigation arising from those
issues. Mr. Francis has substantial experience in defending and
prosecuting CERCLA and RCRA federal actions, including state claims
for nuisance, trespass, and negligence. He also represents clients
in negotiations with state and federal agencies regarding these
compliance issues.
Mr.
Francis’ experience extends to: (a) CEQA matters related to the
redevelopment of a potted plant nursery into a residential
development; (b) Hazardous Waste enforcement and compliance matters
related to industrial manufacturing facilities; (c) Toxic Release
Inventory alleged violations involving an expanded form product
manufacturer; (d) Proposition 65 litigation involving a faucet
distributor and a metal finisher and a vitamin manufacturer.
Mr. Francis’ litigation experience includes environmental cost
recovery prosecution and defense, toxic tort defense, and CEQA
compliance. He routinely counsels his clients regarding compliance
with environmental statutes and regulations, cost-recovery and
remediation of contaminated properties, hazardous waste clean-up
projects, regulatory agency requirements, insurance coverage for
environmental claims, and environmental issues in real property and
corporate transactions. Mr. Francis frequently negotiates contracts
and settlements with federal and state environmental agencies
involving clean air, clean water, CERCLA, and other environmental
issues. He has defended corporations and persons accused of civil
and criminal violations of environmental laws and regulations.
Mr.
Francis has successfully negotiated cleanup standards and consent
orders with both the United State EPA and DTSC at the numerous major
Superfund sites. Recently, Mr. Francis successfully arbitrated a
complex superfund contribution dispute involving over 30 potentially
responsible parties which was ultimately upheld by the California
Supreme Court.
Mr.
Francis has negotiated with the DTSC the resolution of numerous
alleged violations of the hazardous waste laws on behalf of a wide
range of clients. In each of these cases, the firm has persuasively
advocated its clients’ position to the DTSC. Through Mr. Francis’
extensive negotiation experience with the DTSC, Mr. Francis and the
DTSC have developed a mutual respect for each other which favorably
serves our clients’ interests.
INSTRUCTOR
University
of California at Los Angeles, Instructor:
• "Regulatory
Framework for Toxic and Hazardous Substances,"
• "Managing Environmental Compliance"
Government Institutes - California and Federal Environmental Law
PUBLICATIONS
“Allocating
Responsibility For Groundwater Remediation Costs” (March 2000),
The Trial Lawyer
“Clean
Air Act Handbook” (1991), Co-author Clark Boardman Callaghan
Publishers
“Hazard
Communication Handbook” (1998-2004), West Group
