Karen Ciccone’s practice focuses primarily on environmental litigation in state and federal courts, as well as advising clients on environmental compliance matters. Karen is an experienced trial and appellate attorney. She also has extensive mediation training and experience and seeks opportunities to negotiate a resolution favorable to clients.
Experience
Environmental Litigation and Administrative Proceedings
Karen handles environmental litigation under the major federal and related state environmental laws, including CERCLA and its California equivalent, the Hazardous Substance Account Act, the Clean Water Act and the related California water quality statutes and the California Environmental Quality Act (CEQA). She also handles environmental litigation involving contractual and state common law claims and defends clients against lawsuits brought under California’s Proposition 65. Examples include:
- Prosecute and defend CERCLA cost-recovery and other litigation related to Superfund sites, including regional groundwater, landfill and contaminated sediment sites.
- Pursue petition for review of California Regional Water Quality Control Board (Regional Board) investigative order.
- Prosecute and defend environmental litigation in state and federal court involving contractual and state common law claims, including trespass and nuisance claims.
- Defend Proposition 65 lawsuits alleging failure to warn of exposure to lead, DEHP and other chemicals in a variety of tools, food supplements and consumer products.
- Prosecute and defend CEQA litigation, including challenges to Environmental Impact Reports and administrative appeal arguing CEQA exemption.
Environmental Compliance Counseling
Karen counsels clients with respect to a wide range of environmental topics:
- Advise current and former property owners and tenants regarding environmental investigation and remediation pursuant to the oversight of the Regional Board, the California Department of Toxic Substances Control (DTSC) and the California Office of Environmental Health Hazard Assessment. This includes commenting on and addressing the need for Regional Board cleanup and abatement orders; addressing site closure requirements; and negotiating with DTSC and property owners regarding the scope and terms of required access.
- Counsel clients on compliance with storm water permitting requirements.
- Advise manufacturers, distributors and retailers on Proposition 65 compliance issues, including advising on product testing and exposure assessment, implementing Proposition 65 labeling programs, analyzing occupational warning requirements and addressing supply chain issues and vendor certification requests.
