Joshua A. Bloom
Joshua Bloom is a Principal at Meyers Nave in the firm’s Land Use and Environmental Law Practice Group. With over 25 years of experience in Washington, D.C. and California, he specializes in all areas of state and federal environmental and natural resources law, including complex litigation and compliance counseling, brownfields, transactional environmental matters, and consumer products issues, representing both public and private clients.
Josh’s environmental transactional and natural resource practice includes negotiating all aspects of brownfields redevelopment, environmental risk management and risk transfer, property dispositions, and risk-based cleanups. He regularly assists clients with environmental insurance, policy negotiation and claims disputes. As part of this element of his practice, Josh also represents clients in endangered species and wetlands matters, including Section 404 permitting, Section 7 consultations, habitat conservation plans, and criminal and civil defense.
Josh’s environmental regulatory practice includes counseling, litigation, and defense with regard to all state and federal environmental laws, including the Endangered Species Act, the Clean Water Act, the Clean Air Act, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Resource Conservation Recovery Act (RCRA), the Toxic Substances Control Act (TSCA), Proposition 65, the California Safer Consumer Products Regulation (the “Green Chemistry Initiative”), the California Consumer Legal Remedies Act, and numerous other similar laws. In addition, Josh’s prior experience as Senior Project Staff with the Natural Resources Defense Council, and working as the public interface on CERCLA and RCRA issues with the U.S. Environmental Protection Agency, provides unique insights for his work representing clients in government and citizen enforcement actions.
Josh’s expertise includes successfully negotiating many of the largest military base transfers in the U.S., such as those involving the Presidio of San Francisco, Mare Island Naval Shipyard, Adak Island Naval Complex, Oakland Army Base, Hunters Point Naval Shipyard, and South Weymouth Naval Air Station.
- Negotiated a $100 million risk transfer agreement with the Department of the Army, a substantial environmental insurance policy, and agreements with the National Park Service, U.S. EPA and California DTSC with regard to the transfer of the Presidio of San Francisco from the Army to the Presidio Trust, and similar agreements with respect to South Weymouth Naval Air Station in Massachusetts, Oakland Army Base, Mare Island Naval Station, Davis Communications Air Force Site, and Hunters Point Naval Shipyard.
- Successfully defended Lush Cosmetics by having the Superior Court sustain a demurrer without leave to amend with regard to Proposition 65, Consumer Legal Remedies Act, and Unfair Business Practice claims in Enge v. Lush Cosmetics, LLC, Case No. BC526662 (Los Angeles Superior Court), included in Proposition 65 Cocamide DEA Cases, Judicial Council Coordinated Proceeding Case No. 4765 (Alameda Superior Court).
- Lead counsel for a 40-member generator group with respect to the former “Ultrachem” site in San Jose (DTSC Corrective Action Consent Agreement Docket HWCA: P2-12/13-005) and represent entities in the related federal action in Maxim I Properties v. A.M. Bud Krohn, Case No. 5:12-CV-00449 (N.D. Cal.).
- Advise numerous clients and negotiate with the Army Corps of Engineers and U.S. Environmental Protection Agency, and litigate when appropriate, with respect to wetlands delineations and the scope of “waters of the United States.”
- Represent Los Angeles World Airports with regard to specified environmental matters.
- Represent Agilent Technologies on all environmental, health and safety matters.
- Counsel to numerous companies and public entities and universities with respect to a variety of environmental, health and safety matters, including medical and radiological waste and OSHA matters.
- Represented a coalition of agricultural interests and water districts, and negotiated a ground-breaking settlement, in a federal action alleging violations of the Endangered Species Act and of municipal separate storm sewer NPDES permits concerning discharges to the Sacramento-San Joaquin Delta, Coalition for a Sustainable Delta et al. v. City of Stockton and County of San Joaquin, No. 2:09-CV-00466-JAM-DAD (E.D. Cal.).
- Represent developers, universities, and consultants in the Central Valley and Northern California in Section 7 consultations with the U.S. Fish & Wildlife Service, U.S. Army Corps of Engineers, and California Department of Fish and Wildlife in procuring Section 404 wetlands permits, Endangered Species Act compliance, negotiating habitat conservation plans, and providing criminal defense in state and federal endangered species actions (in each case avoiding indictments).
- Successfully defended a multi-national petroleum products company in a Clean Water Act enforcement action brought by the U.S. Department and Justice, and negotiated a favorable consent judgment for our client.
- Proposition 65: Member of lead defense negotiating team for multi-plaintiff/multi-defendant Proposition 65 case involving alleged failure to warn with regard to flame retardants in furniture and mattresses. Successfully negotiated Proposition 65 settlements with the California Attorney General on behalf of a number of snack food companies with regard to exposures from acrylamide in People of the State of California v. Frito-Lay, Inc., et al., No. BC 338956 (Cal. Sup. Ct.) and People of the State of California v. Snyder’s of Hanover, et al., No. RG 09455286 (Cal. Sup. Ct.). Represented scores of companies in other Proposition 65 matters with regard to an array of consumer and food products, dietary supplements, and numerous chemicals listed under Proposition 65, including lead, phthalates (including DEHP and DINP), cadmium, acrylamide, 4-MEI, TDCPP, TCEP, and many others.
- Advise multiple clients with regard to TSCA, California’s “Green Chemistry” initiative and the Safer Consumer Products Regulations.
- Represented a native Alaskan corporation with regard to the transfer of Adak Island from the Navy to the corporation under the Alaska National Interest Lands Conservation Act and Alaska Native Claims Settlement Act.
- Represented an environmental liability assumption firm in a number of liability assumption transactions in California, Florida, Michigan, New York, and Tennessee, negotiating liability assumption agreements, environmental insurance agreements, regulatory agreements, and remediation agreements and qualified settlement fund trusts.
- Defended a lead and asbestos abatement firm from charges alleging illegal discharges to San Francisco Bay. Avoided criminal charges and settled the civil case on favorable terms.
Presentations and Publications
- Presenter, “Ethics and Environmental Law 2019,” San Francisco Bar Association, Environmental Law Section, January 15, 2019
- Author, "The Next Turn For 'Waters of the United States,'" Water Online, January 2, 2019
- Author, “'Waters of the US' Would Alter Environmental Reg As We Know It,” The Hill, January 1, 2019
- Quoted, “3 Takeaways From The New Trump Water Rule,” Law360, December 11, 2018
- Author, “Storm Water Citizen Suits – Discharger Beware,” Industry Today, December 5, 2018
- Author, “How Is California Affected By The Clean Water Act Mess?”, Water Online, October 5, 2018
- Author, “Proposition 65 Meets Common Sense,” Daily Journal, August 3, 2018
- Quoted, “Sugar, Cream and a Prop 65 Warning Label With Your Coffee?" The Recorder, March 30, 2018
- Author, “Practitioner Insights: The Never Ending Saga of Defining Waters of the U.S.,” Bloomberg BNA Environment & Energy Report, March 22, 2018
- Author, "Proposition 65 After 40 Years: Public Benefit or Enrichment for a Few?," The Recorder, December 22, 2017
- Author, “Practitioner Insights: Challenges Ahead for Clean Power Plan as EPA Eyes Repeal,” Bloomberg BNA Daily Environment Report, November 24, 2017
- Author, “Is ‘Repeal and Replace’ on the Horizon for the Clean Water Act?”, ACCDocket, November 2017
- Presenter, “Ethics Considerations for the California Water Law Practitioner,” 25th Annual California Water Law Institute Conference, November 13, 2017
- Quoted, “Tainted: Can California solve pot’s pesticide problem?” East Bay Times/The Cannifornian, September 25, 2017
- Author, “Bills Leave Unresolved Cap-and-Trade Issues,” Daily Journal, August 2017
- Author, “Prop 64: Don’t Ignore Existing Environmental Laws,” MG magazine, August 2017
- Author, “Bill is the Next Phase of Cap-and-Trade in California,” Daily Journal, June 7, 2017
- Author, “California’s Next Big Act On Cleaning Chemical Disclosures,” Daily Journal, May 8, 2017
- Presenter, Environmental Law Society Symposium, University of San Francisco School of Law, March 1, 2017
- Author, “Forecast for the ‘Waters of the US’ Rule? Murky,” ACCDocket.com, March 20, 2017
- Presenter, “Ethics and Environmental Law 2017,” San Francisco Bar Association, Environmental Law Section, January 17, 2017
- Author, “Chemical Regulation Enters the 21st Century: A New Day for the Toxic Substances Control Act,” ACC Docket, November 2016
- Q&A Interview, "What New Chemical Regulations Mean for California," The Recorder, July 7, 2016
- Author, "Regaining Your Wetlands," The Registry: Bay Area Real Estate, June 30, 2016
- Author,"The High Court's Logical Approach To Clean Water Act Jurisdiction," Law360, June 17, 2016
- Author, "The Never-Ending Saga: Defining 'Waters of the U.S.'," The Environmental Forum, May/June 2016
- Presenter, “Ethics and Environmental Law 2016,” San Francisco Bar Association, Environmental Law Section, January 26, 2016
- Presenter, "Allocating the $$$$ in Private Settlements: For Whose Benefit?," Prop. 65 Annual Conference, September 28, 2015
- Author, “New Water Rule Is Not The End Of The Story,” Daily Journal, June 9, 2015
- Author, “Competing TSCA Reform Bills: A Break in Partisan Fever?” Corporate Counsel, May 27, 2015
- Author, “EPA Proposes Greater Scrutiny of Nanoscale Chemicals,” Nanotechnology Now, April 16, 2015
- Author, “New Prop. 65 Regulations Being Considered in California,” Natural Products Insider, March 17, 2015
- Moderator and Presenter, “Ethics and Environmental Law 2014,” Bar Association of San Francisco, California, January 27, 2015
- Author, “Prairie dogs vs. Congress,” Daily Journal, January 12, 2015
- Author, “Utah Prairie Dog Could Narrow Endangered Species Act,” Law360, December 15, 2014
- Author, “Work Plan Signals Expanded Calif. Green Chemistry Program,” Law360, October 15, 2014
- Moderator and Presenter, Prop. 65/Green Chemistry Clearinghouse Annual Conferences, San Francisco, California, September 15-16, 2014
- Author, “Endangered Species Acts New Mission: Not Just Survival,” Law360, May 20, 2014
- Author, “The Safer Consumer Products Regulation,” The Recorder, November 13, 2013
- Moderator and Presenter, “Ethics and Environmental Law 2013” conference, Environmental Section of The Bar Association of San Francisco, 2013
- Author, “Green Chemistry Law Has Lawyers, Industry on Alert,” The Recorder, January 27, 2012
- Moderator and Presenter, “Ethics and Environmental Law 2012,” Bar Association of San Francisco, California, January 26, 2012
- Author, “Green Chemistry Initiative - Once More,” The Recorder, November 16, 2011
- Presenter, Prop. 65 Clearinghouse Annual Conference, San Francisco, California, November 29, 2011
- Author, “Green Chemistry Initiative is Down But Not Out,” The Recorder, April 28, 2011
- Presenter, “Pioneering Approaches to Citizen Enforcement,” State Bar of California Environmental Law Conference at Yosemite, October 23, 2010
- Presenter, “Water Supply, Public Health and Infrastructure: Challenges Facing the Nations Principal Cities and the Bay Area Delta Communities,” U.S. Conference of Mayors, Regional Meeting of The Mayors Water Council, Pleasanton, California, October 14, 2010
- Presenter, “Res Judicata: Deja Vu All Over Again,” Prop65 Clearinghouse Conference, 2010
- Presenter, “Navigable Waters: The Legacy of SWANCC and Rapanos Cases,” California Water Quality & Supply Conference, 2010
- Author, “Endangered Species Act Requires Enforceable Mitigation,” Washington Legal Foundation Backgrounder, May 2, 2008
- Author, “Defining ‘significant nexus after Rapanos,” Trends: ABA Section of Environment, Energy and Resources, March/April 2008
- Author, “High Court Addresses Interplay Between Federal Water and Species Acts,” Washington Legal Foundation Backgrounder, August 24, 2007
- Author, “What's Next After Rapanos?” Natural Resources & Environment, Summer 2007
- Author, “Environmental-liability Buyouts: How to Know When It's the Real Thing,” Natural Resources & Environment, Winter 2006
- Member, The State Bar of California
- Member, Environmental Law Institute Leadership Council (2016-present)
- Executive Committee Member, Bar Association of San Francisco’s Environmental Law Section, 2011-present (Committee Chair, 2013)
- Advisory Board Member, Green Chemistry Clearinghouse, 2013-present
- Advisory Board Member, Prop. 65 Clearinghouse, 2012-present
- Board Member, University of San Francisco Environmental Law Student Association Advisory Board, 2013-present
- Chair (2006-2007) and Vice Chair (2004-2006), ABA Section on Environment, Energy and Resources, Special Committee on Science and Technology
- Member, City of Rockville, Maryland, Stormwater Task Force (1992-1994)
- University of San Francisco School of LawJD, magna cum laude, 1990
- State University of New YorkMA, BA, 1982, 1981
- London School of Economic and Political Studies, 1980