Diana Martin’s practice focuses on environmental issues ranging from compliance counseling, to site remediation, enforcement defense and litigation, and transactional matters.

Diana has extensive experience counseling energy, manufacturing, mining, agricultural, food and beverage, and municipal clients, among others, on permitting and compliance issues associated with federal, state and local hazardous waste, hazardous material, solid waste, water quality, underground storage tank, and endangered species laws. Diana also works with clients on all aspects of site cleanup and reuse. In addition to her regulatory work, Diana's practice focuses on environmental litigation. She concentrates on matters that arise under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), the Clean Water Act (CWA) and California’s Proposition 65 as well as on product liability and contaminated property matters. Her experience includes administrative proceedings and multiparty complex negotiations. Diana also has substantial experience providing transactional support to clients.

Earlier in her career, Diana worked as in-house counsel for a permitted hazardous waste disposal company. Diana also practiced environmental law at other firms before joining the firm.

Diana is admitted to practice before the US District Courts for the Northern, Southern, Central and Eastern Districts of California.

Relevant Experience

• Compliance Counseling and Permitting. Diana counsels clients on compliance and permitting issues under a host of regulatory programs. She has significant experience assisting petroleum, manufacturing and municipal clients on RCRA and California’s unique non-RCRA hazardous waste laws as well as on hazardous materials, and aboveground and underground storage tank requirements. Diana also does extensive water quality work, assisting clients obtain and comply with wastewater, storm water, and drinking water permits including sanitary sewer, NPDES, and underground injection control well permits. Diana regularly negotiates waste discharge requirements with Regional Water Quality Control Boards throughout California. She also has considerable experience with solid waste laws, including compliance with California’s Title 27 requirements. Diana’s regulatory work includes renewable fuels requirements, including compliance with the renewable fuels standard and California’s low carbon fuel standard.
• Site Cleanup. Diana negotiates cleanup standards and site remediation agreements for impacted properties with private parties, insurers, and local, state, and federal regulatory agencies. She has considerable experience assisting industrial and municipal clients in negotiating cleanup and closure of solid and hazardous waste facilities as well as appealing decisions of various Regional Water Quality Control Boards. Diana also represents potentially responsible parties and steering committees in remediation proceedings and cost recovery actions.
• Enforcement Defense. Diana defends industrial and municipal clients in civil and administrative actions brought by the United States Environmental Protection Agency, the Regional Water Quality Control Boards, the Department of Toxic Substances Control, and Certified Unified Program Agencies. Diana’s experience includes defending alleged non-compliance with hazardous waste, hazardous materials, underground storage tank, Spill Prevention, Control and Countermeasure, storm water, and wastewater requirements.
• Environmental Litigation. Diana’s litigation experience includes defending against environmental group alleged CWA storm water and NPDES violations as well as Proposition 65 discharge prohibition and failure to warn non compliance. She also defends clients against product liability and other tort claims alleged by water utility districts. Diana litigates contaminated property cases, including asserting and defending CERCLA cost recovery and RCRA imminent and substantial endangerment claims. Diana defended petroleum clients against claims brought by the California Attorney General alleging non-compliance with underground storage tank requirements.
• Transactional Work. Diana assists clients evaluate environmental exposure as well as draft and negotiate environmental provisions for transfers of industrial properties, including chemical facilities, refineries, terminals, gasoline service stations, as well as municipal operations, including landfills, and compost and resource recovery facilities. She also advises clients on permit transfer and compliance obligations associated with transactions. Post-transaction, Diana helps ensure fulfillment of agreement commitments. In addition, Diana works with clients to evaluate and obtain environmental insurance.

Bar Admissions

Education
JD, University of San Diego, cum laude, 1990BS, Zoology, University of Wisconsin-Madison, 1982