JOSHUA A. BLOOM Joshua Bloom is a Principal at Meyers Nave in the firm s Land Use and Environmental Law Practice Groups. With more than 25 years of experience, he specializes in all areas of state and federal environmental and natural resources law, including complex environmental litigation, brownfields, environmental aspects of transactional matters, and compliance counseling, representing both public and private clients. Joshua A. Bloom Principal 555 12th Street, Suite 1500 Oakland, California 94607 T: 510.808.2000 F: 510.444.1108 jbloom@meyersnave.com Practice Groups Land Use Environmental Law California Bar Number 183358 Education University of San Francisco School of Law, J.D. magna cum laude, 1990 State University of New York, Albany, M.A., 1982, B.A., 1981 London School of Economic and Political Studies, 1980 Practicing Since: 1990 Josh s environmental transaction practice includes negotiating real estate, risk allocation and agency agreements with respect to brownfields redevelopment, property dispositions, and risk-based cleanups, and regularly assists clients with environmental insurance, policy negotiation and claims disputes. As part of that 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 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. He is highly regarded as a leading negotiator on environmental risk transfer transactions. Josh s environmental regulatory practice includes counseling, litigation, and defense with regard to all state and federal environmental laws, including Proposition 65, the California Safer Consumer Products Regulation (the Green Chemistry Initiative ), the Endangered Species Act, the Clean Water Act, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Resource Conservation Recovery Act (RCRA) the Toxic Substances Control Act (TSCA), 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 provides unique insights for his work representing clients in citizen enforcement actions. Bloom Page 1 of 6
Presentations and Publications Q&A Interview, "What New Chemical Regulations Mean for California," The Recorder, July 7, 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 Speaker, Allocating the $$$$ in Private Settlements: For Whose Benefit?, Prop. 65 Annual Conference, September 28, 2015 Co-Author, New Water Rule Is Not The End Of The Story, Daily Journal, June 9, 2015 Co-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 Co-Author, New Prop. 65 Regulations Being Considered in California, Natural Products Insider, March 17, 2015 Moderator and Speaker, Ethics and Environmental Law 2014, Bar Association of San Francisco, California, January 27, 2015 Co-Author, Prairie dogs vs. Congress, Daily Journal, January 12, 2015 Co-Author, Utah Prairie Dog Could Narrow Endangered Species Act, Law360, December 15, 2014 Co-Author, Work Plan Signals Expanded Calif. Green Chemistry Program, Law360, October 15, 2014 Moderator and Speaker, Prop. 65/Green Chemistry Clearinghouse Annual Conferences, San Francisco, California, September 15-16, 2014 Co-Author, Endangered Species Act s New Mission: Not Just Survival, Law360, May 20, 2014 Author, The Safer Consumer Products Regulation, The Recorder, November 13, 2013 Moderator and Speaker, 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 Speaker, Ethics and Environmental Law 2012, Bar Association of San Francisco, California, January 26, 2012 Co-Author, Green Chemistry Initiative - Once More, The Recorder, November 16, 2011 Bloom Page 2 of 6
Speaker, Prop. 65 Clearinghouse Annual Conference, San Francisco, California, November 29, 2011 Co-Author, Green Chemistry Initiative is Down But Not Out, The Recorder, April 28, 2011 Speaker, Pioneering Approaches to Citizen Enforcement, State Bar of California Environmental Law Conference at Yosemite, October 23, 2010 Speaker, Water Supply, Public Health and Infrastructure: Challenges Facing the Nation s 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 Speaker, Res Judicata: Deja Vu All Over Again, Prop65 Clearinghouse Conference, 2010 Speaker, Navigable Waters: The Legacy of SWANCC and Rapanos Cases, California Water Quality & Supply Conference, 2010 Co-Author, Endangered Species Act Requires Enforceable Mitigation, Washington Legal Foundation Backgrounder, May 2, 2008 Co-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 Professional Affiliations Member, The State Bar of California Member, Leadership Council of the Environmental Law Institute (2016-2017) Member, Legal Action Committee and Environmental & Natural Resources Committee, California Construction and Industrial Materials Association (2016-2017) Executive Committee Member, Bar Association of San Francisco s Environmental Law Section (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 Former Chair (2006-2007) and Vice Chair (2004-2006), ABA Section on Environment, Energy and Resources, Special Committee on Science and Technology Bloom Page 3 of 6
Representative Matters 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). Member of lead defense negotiating team for multi-plaintiff/multi-defendant Proposition 65 cases 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 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. Advised multiple clients with regard to California s Green Chemistry initiative and the Safer Consumer Products Regulations. Negotiated a $100 million ESCA with the Department of the Army, environmental insurance, 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 Base. 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. Negotiated numerous cost cap and pollution legal liability policies for private environmental liability assumption firms and developers and property purchasers with regard to CERLCA, Bloom Page 4 of 6
RCRA and other contaminated sites in California, Florida, Michigan, New York, Tennessee, and Wisconsin. Represented a developer in Santa Clara County in obtaining a Section 404 permit and in Section 7 consultations with the Corps of Engineers, U.S. Fish & Wildlife Service, and California Department of Fish and Game. Advised numerous clients and negotiated with the Army Corps of Engineers with respect to wetlands delineations and the scope of waters of the United States. Negotiated Section 404 permits and developed a 404(b) alternatives analysis for a major university. Represented a coalition of landowners and water districts 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.). Counseled various clients and negotiated agreements with the U.S. EPA with respect to PCB regulations under TSCA. Defended a Fortune 100 company in a lawsuit brought by the Department of Justice and EPA alleging unpermitted discharges to waters of the United States. The government initially sought $80 million in penalties and injunctive relief. The matter was settled for a civil penalty of $300,000. 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. Defended a developer against Endangered Species Act take allegations by the U.S. Attorney s office. No indictment was issued. Represented an environmental liability assumption firm in a significant transaction concerning a CERCLA site in Wisconsin, negotiating the liability assumption, environmental insurance and regulatory agreements. Negotiated a habitat conservation plan and conservation easement for a mining company in Santa Cruz County. Represented a developer in the Central Valley of California seeking a Section 404 fill permit in a Section 7 consultation with the U.S. Fish & Wildlife Service. Bloom Page 5 of 6
Counseled a major university with regard to radiological waste issues and closure requirements. Represented a major university in negotiating a medical waste disposal agreement. Represented a large city with regard to compliance with sewage sludge regulations under the federal Clean Water Act. Represented clients in California, Florida, Maryland, Michigan, New York, and Tennessee, negotiating site cleanup and closure agreements with federal and state agencies. Bloom Page 6 of 6