Jeniffer T. Taggart
profile

Jennifer Taggart has twenty-five years of experience assisting clients with their environmental, real property, eminent domain and consumer product safety and labeling matters.  Her consumer product safety and labeling practice includes all aspects of manufacturing, importing, distributing and selling consumer products, including design standards, labeling and other compliance points, such as Proposition 65 litigation and compliance. 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.

Her environmental law practice includes litigation, regulatory counseling, regulatory development, and transactional issues. Her specialties include air quality and permitting, 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 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.  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.

Practices

  • Environmental Litigation and Compliance
  • Consumer Product Labeling and Proposition 65
  • Eminent Domain
  • Business and Real Property Litigation
  • Inverse Condemnation

Education

  • Southwestern University School of Law, Los Angeles, California
    • J.D. - 1995
    • Honors: cum laude
    • Honors: Moot Court Honor’s Board
    • Honors: Order of the Barristers
  • California Polytechnic State University, San Luis Obispo
    • B.S. - 1990
    • Honors: Highest GPA in Major, Dean’s Honor List
    • Honors: President’s Honor List, Tau Beta Pi
    • Major: Engineering Science

Admissions

  • California, 1995
  • U.S. District Court Central District of California, 1995
  • U.S. District Court Eastern District of California, 2000
  • U.S. District Court Northern District of California, 2000
  • U.S. District Court Southern District of California, 2000
  • U.S. Court of Appeals 9th Circuit, 2003

Experience

  • Represented several fashion jewelry importers, wholesalers and retailers in connection with California’s Toxic Metals in Jewelry Law and Proposition 65.  Has developed strategies for complying with California’s Lead in Jewelry Law and Proposition 65’s consent judgment limits for cadmium.
  • Represents several importers in connection with consumer product labeling requirements including Flammable Fibers Act, Federal Hazardous Substances Act, and the Consumer Product Safety Improvement Act.  Also assists several importers with compliance with the CPSIA.
  • Represented several defendants in litigation involving alleged groundwater contamination in the South El Monte Operable Unit (“SEMOU”) of the San Gabriel Valley Superfund Site.  Successfully negotiated settlements for the potentially responsible parties.
  • Vigorously represented a client against a former tenant for environmental contamination the tenant caused during its tenancy.  The former tenant agreed to pay 100% of the costs associated with the investigation and remediation of the onsite soils, the costs of investigating the onsite groundwater, and costs related to obtaining a “no further action” letter with respect to the soils.
  • Successfully represented a property owner against the Department of Transportation’s eminent domain action in which the DOT claimed that the property owner’s compensation should be reduced because of a regional groundwater contamination issue.  Successfully demonstrated that the DOT’s claimed remedial costs were only necessary because of the DOT’s proposed work and therefore were not properly deducted from the just compensation to be paid.
  • Successfully represented a municipality in evicting an oil operator from a city park.  The operator claimed the right to use the park pursuant to various oil and gas leases which the municipality contended had terminated.  Crafted a settlement that involved the buyout of the operator by another operator with certain agreements to phase out production.
  • Obtained over $4 million from various scrap metal defendants on behalf of a large property owner who leased the site to various scrap metal operators for over 40 years.  Many of the defendants were dissolved, dead or without funds, but obtained recovery from their insurers.
  • Represented retailers, distributors and importers in many Proposition 65 litigation matters, including representing an importer of various consumer products in Proposition 65 litigation involving allegations of lead in various polyvinyl chloride (PVC or vinyl) products.  Resolved the litigation successfully for the client to accommodate large existing inventory.
  • Represented City of Los Angeles in connection with the acquisition of “Park One” property.
  • Represented various private developers in a number of owner participation agreements and disposition and development agreements for retail shopping centers in a variety of locations.
  • Assisted with environmental issues relating to Chromium in obtaining the necessary project approvals and litigation for the development of a 2.3 million square foot mixed use office project against well-financed opposition brought by a nearby competing developer.
  • Represented shopping center owner in the negotiation of various commercial leases with retail tenants.
  • Represented real estate developers in connection with the acquisition and development of several hundred single-family detached homes on several large tracts of real property in Orange County, California, which representation encompasses numerous complex land use and governmental matters, including dwelling unit entitlements, Mello-Roos community facilities district, occupancy permit entitlements, completion of water and sewer facilities, Affordable Housing Implementation Program, and various agreements among adjoining developers and landowners.
  • Negotiated a settlement in multiple lawsuits arising out of a “compost facility” at a worm farm.  The County of San Bernardino, the property owner, and neighboring property owners all brought actions against our client, the operator of a materials recovery facility and solid waste transporter.   After the cleanup was completed pursuant to the settlement agreement, the property owner challenged the cleanup, contending that it did not meet the terms of the settlement agreement.  Chaired a bench trial to resolve “how clean is clean” for the subject property.
  • Represented a manufacturer in a lawsuit in which its neighbor alleged that emissions were causing property damage.  Reached a resolution at a mediation involving the installation of control equipment that was to be required by the SCAQMD and payment of a small sum.
  • Represented a homeowner against her insurer and various consultants and negotiated a very favorable settlement for property damage and personal injury resulting from a sewage release and improper cleanup by the insurer’s contractor.

Practices

  • Environmental Litigation and Compliance
  • Consumer Product Labeling and Proposition 65
  • Eminent Domain
  • Business and Real Property Litigation
  • Inverse Condemnation

Education

  • Southwestern University School of Law, Los Angeles, California
    • J.D. - 1995
    • Honors: cum laude
    • Honors: Moot Court Honor’s Board
    • Honors: Order of the Barristers
  • California Polytechnic State University, San Luis Obispo
    • B.S. - 1990
    • Honors: Highest GPA in Major, Dean’s Honor List
    • Honors: President’s Honor List, Tau Beta Pi
    • Major: Engineering Science

Admissions

  • California, 1995
  • U.S. District Court Central District of California, 1995
  • U.S. District Court Eastern District of California, 2000
  • U.S. District Court Northern District of California, 2000
  • U.S. District Court Southern District of California, 2000
  • U.S. Court of Appeals 9th Circuit, 2003

Publications

  • “Neutralizing the Impact of Code Sec. 280E on the Medical Marijuana Industry,” Journal of Tax Practice and Procedure, October-November 2014 (co-author)
  • “Whistleblower Officer – What a Taxpayer Representative Must Know,” Journal of Tax Practice and Procedure, December 2011 – January 2012
  • “Social Media Campaigns Take Product Liability Claims To A Whole New Level,” Daily Journal, September 7, 2011
  • “Social Media and the CPSIA: Lessons Learned from Mr. Squiggles (print version) and; The CPSIA and Social Media Make Product Issues Public(online version), American Bar Association Section of Litigation, Products Liability Litigation Committee, Products Liability, Vol 21, No. 2, Spring 2010
  • “Online Endorsements, True or Bought,” Daily Journal, November 30, 2009
  • “Pay Attention to Internet Talk,” Daily Journal, September 23, 2009
  • Smart Mama’s Green Guide: Simple Steps to Reduce Your Child’s Toxic Chemical Exposure, Hachette Book GroupUSA, 2009
  • “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

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

Speaking Engagements

Practices

  • Environmental Litigation and Compliance
  • Consumer Product Labeling and Proposition 65
  • Eminent Domain
  • Business and Real Property Litigation
  • Inverse Condemnation

Education

  • Southwestern University School of Law, Los Angeles, California
    • J.D. - 1995
    • Honors: cum laude
    • Honors: Moot Court Honor’s Board
    • Honors: Order of the Barristers
  • California Polytechnic State University, San Luis Obispo
    • B.S. - 1990
    • Honors: Highest GPA in Major, Dean’s Honor List
    • Honors: President’s Honor List, Tau Beta Pi
    • Major: Engineering Science

Admissions

  • California, 1995
  • U.S. District Court Central District of California, 1995
  • U.S. District Court Eastern District of California, 2000
  • U.S. District Court Northern District of California, 2000
  • U.S. District Court Southern District of California, 2000
  • U.S. Court of Appeals 9th Circuit, 2003

Community & Professional

  • 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
  • Palos Verdes High School, PVIT, VEX Robotics, Mentor (2017 – present
  • Rockinghorse Road Homeowners Association, Secretary (2013 – 2017)
  • Rancho Palos Verdes Infrastructure Management Advisory Committee, Member (2014 – 2016)
  • ABA Litigation Section, Products Liability Committee, Products Liability Newsletter committee member
  • Green Moms Carnival, Founder
  • Healthy Child, Healthy World (formerly Children’s Health Environmental Coalition), volunteer, blogger
  • South Shores Homeowners Association, Secretary (2005), President (2004), Board Member (2003)
  • Chair, Environmental Law Subsection (South), California State Bar, Real Property Section (2000 – 2006)
  • Los Angeles City Environmental Affairs Commission.  (Commissioner 1996-2000 and 2004-2005; President, 2000-2002, Vice-President, 2003-2004)

Practices

  • Environmental Litigation and Compliance
  • Consumer Product Labeling and Proposition 65
  • Eminent Domain
  • Business and Real Property Litigation
  • Inverse Condemnation

Education

  • Southwestern University School of Law, Los Angeles, California
    • J.D. - 1995
    • Honors: cum laude
    • Honors: Moot Court Honor’s Board
    • Honors: Order of the Barristers
  • California Polytechnic State University, San Luis Obispo
    • B.S. - 1990
    • Honors: Highest GPA in Major, Dean’s Honor List
    • Honors: President’s Honor List, Tau Beta Pi
    • Major: Engineering Science

Admissions

  • California, 1995
  • U.S. District Court Central District of California, 1995
  • U.S. District Court Eastern District of California, 2000
  • U.S. District Court Northern District of California, 2000
  • U.S. District Court Southern District of California, 2000
  • U.S. Court of Appeals 9th Circuit, 2003

Honors & Recognition

  • D., Southwestern University School of Law, cum laude, 1995, Moot Court Honor’s Board, Order of the Barristers
  • 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 P

Practices

  • Environmental Litigation and Compliance
  • Consumer Product Labeling and Proposition 65
  • Eminent Domain
  • Business and Real Property Litigation
  • Inverse Condemnation

Education

  • Southwestern University School of Law, Los Angeles, California
    • J.D. - 1995
    • Honors: cum laude
    • Honors: Moot Court Honor’s Board
    • Honors: Order of the Barristers
  • California Polytechnic State University, San Luis Obispo
    • B.S. - 1990
    • Honors: Highest GPA in Major, Dean’s Honor List
    • Honors: President’s Honor List, Tau Beta Pi
    • Major: Engineering Science

Admissions

  • California, 1995
  • U.S. District Court Central District of California, 1995
  • U.S. District Court Eastern District of California, 2000
  • U.S. District Court Northern District of California, 2000
  • U.S. District Court Southern District of California, 2000
  • U.S. Court of Appeals 9th Circuit, 2003