John Kortum practices in the fields of environmental law, regulatory law and business litigation. His clients include residential and commercial real estate developers, owners of contaminated property, sanitary landfill operators, municipal sanitation agencies, national retailers, other businesses and insurance companies.

Environmental Counsel to California Business and Government

In his practice, John has represented large developers in matters involving soil, groundwater and soil-gas contamination in matters brought under CERCLA, RCRA and state law claims.

He has handled matters for domestic and international clients arising under California’s Proposition 65, the Safe Drinking Water & Toxic Enforcement Act of 1986. He has also handled cases arising under the Clean Water Act, representing municipalities in administrative NPDES permitting matters and representing defendants in federal court in citizens suits brought by environmental groups.

John Kortum's representative matters include:

• Representation of former owner and operator of chrome plating works in lawsuit brought seeking recovery of costs incurred in remediation and removal actions.
• Representation of owner of residential development and municipality in federal court cases brought under CERCLA, RCRA and state law against former ship scrapping operators, US Maritime Administration, and other defendants for cost recovery in connection with remediation of surface contamination.
• Representation of large residential developer in federal court cases brought under CERCLA, RCRA and state law against upgradient landfill owners, operators and generators, for recovery in connection with surface, groundwater and soil-gas contamination.
• Representation of municipality in federal court case brought by citizens group under federal Clean Water Act for discharge of treated wastewater without federal NPDES permit. This action involved cutting edge issues of Clean Water Act jurisdiction and was subject of a bench trial, Ninth Circuit appeal and petition for certiorari to the United States Supreme Court.
• Representation of insurer of deceased landowner in federal action brought by decedent’s children for cost recovery arising from remediation of lead contaminated family farm used as a shooting range. This action included an interlocutory appeal to the Ninth Circuit on CERCLA cost recovery and contribution issues.
• Representation of landfill operator in federal cost recovery action against generators and transporters of waste deposited in ruptured landfill.
• Representation of international airline in Proposition 65 suit brought by environmental groups alleging failure to warn airline passengers in airports of hazardous chemicals.
• Representation of international and domestic kitchen appliance manufacturers in Proposition 65 suit brought by environmental group for failure to warn of potential lead exposure.
• Representation of municipality and trade organization of sanitation agencies in NPDES permitting matters before California Regional Water Quality Control Board and State Water Resources Control Board, including state court actions seeking review of administrative action.
• Representation of various owners of real properties formerly used as dry cleaning facilities, or near dry cleaners, in connection with remediation activities and underground storage tank closure.
• Advised out-of-state manufacturer regarding compliance with stringent California emissions requirements.
• Representation of operator of recycling plants in connection with EPA administrative action for violation of storm water best management practices.
• Representation of private contractor of wastewater collection and treatment services to municipality in connection with allegations of false claims.
• Representation of national retailer of auto parts in defense of state-wide action brought by State Attorney General and District Attorneys arising from alleged spills and environmental compliance issues.
• Representation of national retailer of auto parts in defense of toxic tort suits.
• Representation of hazardous waste transporter in Department of Toxic Substances Control regulatory proceedings alleging violation of manifesting and transporter regulations. Coordinated defense of related criminal proceedings.
• Representation of large commercial developer in various business litigation matters involving contracting, hazmat removal, and investor suits.
• Representation of insurer in regulatory action regarding rate rollbacks, including Superior Court review of administrative decision, and review by California Supreme Court.
• Representation of California government agency in defense of claim for attorneys fees under private attorney general statute.

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