Scott leverages his extensive environmental, energy and natural resource experience to advise clients in the national and international public policy arenas.

Scott represents clients domestically and in overseas jurisdictions on a broad spectrum of high-profile and high-risk issues. He leverages his power plant operations background and natural resource economics consulting experience to help clients navigate complex regulations, disputes and policy issues affecting their business operations. He is often the first line of defense for national and multinational clients, developing comprehensive strategies addressing legislative and regulatory policy advocacy, defending government enforcement and NGO litigation, and shepherding complex permitting and transactional matters.

Well-known for his international insights, clients based in Asia, Canada, Europe and the United States look to Scott for creative, business-oriented solutions. He assists clients with respect to adoption or amendment of legislative and regulatory programs, seeking government permits and authorizations, due diligence on acquisitions or divestitures of assets in California, across the US and overseas jurisdictions, and defending government enforcement investigations. Scott has also represented several clients respecting mobile source and clean fuels regulation and projects; air, waste and water management standards and permitting; and EHS audits and due diligence of facilities across the US and in foreign jurisdictions.

Scott maintains a broad practice, having defended federal and state civil and criminal enforcement matters involving numerous regulatory programs including the Resource Conservation and Recovery Act (RCRA), Safe Drinking Water Act (SDWA), Clean Water Act (CWA), and Clean Air Act (CAA), among others. He frequently interacts with industry trade organizations, nongovernmental research and policy organizations, as well as US and foreign agencies, ministries and delegations.

In addition to his national and cross-border experience, Scott has advised numerous clients in the petroleum refining, upstream oil & gas, chemicals and automotive sectors, among others, respecting their California facilities and operations. His California experience ranges from permitting of projects and expansions to regulatory compliance, rule development, variance petitions, and site remedial matters before many of the key state regulatory agencies including SCAQMD, BAAQMD and several other state air districts, the California Air Resources Board (CARB), Los Angeles and other Regional Water Quality Control Boards, DTSC and OEHHA.

Scott regularly contributes to the firm’s Nickel Report blog, including an influential post on the EPA CERCLA 108(b) hard rock mining financial assurance rulemaking proposal and posts related to environment and social governance (ESG) and related environmental, health & safety and social (EHSS) considerations in cross-border transactions and due diligence. He has a working knowledge of the Korean language.

Relevant Experience

Representative Enforcement & Litigation Experience

• Defended and prosecuted CERCLA, RCRA and state-law PRP claims related to environmental impacts at multiple facilities across the country, including related litigation, negotiation of state and federal consent orders and judicial consent decrees, and management of site remedial investigation and corrective action.
• Defended high-profile class action lawsuits brought by plaintiffs’ counsel associated with Erin Brockovich and Johnnie Cochran asserting personal injury and property damage claims related to a Japan-based client’s Florida mining and chemical manufacturing subsidiary, and similar claims related to Canada-based client’s Idaho mining and chemical manufacturing subsidiary.
• Defense of citizen suit claims asserting violation of federal and state environmental regulations governing operation of two US-based petroleum client terminal facilities in California, and similar claims related to a Japan-based client’s Texas petroleum and chemical terminal operations.
• Defended state and federal civil and criminal investigations and a personal injury/toxic tort lawsuit related to several chemical manufacturing facility release incidents in California.
• Advising pesticide and agricultural products client regarding state and federal waste regulation and corrective action matters and negotiation of multi-party response measures and joint participation agreement respecting an ethanol plant site remedial investigation, including interface with the Nebraska Department of Environment and Energy (NDEE) and US EPA.
• Defense of multi-media civil and criminal allegations and related litigation involving virtually every major federal environmental program including claims brought pursuant to the CAA, CERCLA, CWA, EPCRA, SDWA/UIC, RCRA and related state law involving numerous petroleum refineries, terminals, upstream oil and gas exploration & production operations, mining, mineral processing and chemical manufacturing facilities in California and  across the United States.
• Defended US and international NGO claims related to Asia-based client’s Indonesia forestry, palm oil, and energy operations.
• Defended Canada- and Japan-based clients respecting state and federal investigation of several rail and highway chemical release incidents in various states, including Idaho, Kansas and Washington.

• Advised public entity client regarding re-negotiation of federal Consent Decree governing CWA issues related to municipal combined sewer system operation and water quality impacts to the Great Lakes.
• Defended multifacility federal CAA enforcement matter related to Europe-based client’s seven sulfuric acid facilities across the United States.
• Defended several federal CAA enforcement proceedings relating to Canada-based client’s ammonia and nitric acid facilities across the United States.
• Defended federal criminal and civil enforcement of RCRA, CWA and SDWA claims relating to California upstream oil and gas production and petroleum refining operations.
• Negotiated favorable settlement of litigation involving South Korea-based conglomerate client’s US manufacturing and distribution operations.
• Advised US electric power generation client in relation to NGO claims impacting Nevada facility operations and related federal CAA investigation.

Representative Government Regulation & Policy Experience

• Extensive representation of diverse clients before numerous California air districts and other state agencies including DTSC, DOGGR and multiple Regional Water Quality Control Boards.
• Advised numerous petroleum refineries, chemical, automotive and industrial facilities regarding CAA, CWA, RCRA, SDWA/UIC and state environmental permits, approvals and regulatory matters.
• Advised foreign-based client regarding US legislative and executive branch strategy for seeking revision to federal statute and successfully opposing an EPA rulemaking impacting US subsidiary operations.
• Managed CEQA, NEPA and Equator Principles ESIA matters for clients in California and other jurisdictions, including challenge to a City of Los Angeles landfill project, resulting in EIR withdrawal and amendment of the project to address client “piecemealing” concerns; advising on NEPA considerations for a large cross-border gas pipeline project; commenting on CEQA compliance of California environmental agency rulemaking proceedings; and assessment of an Africa mine facility’s ESIA conformance.
• Developed and managed environmental, health & safety (EHS) and environmental management systems (EMS) audit programs and internal audit function for US and North American operations of Canada, EU, Japan and US-based automotive, chemicals, mining, petroleum and transportation clients.
• Advised Japan- and EU-based automotive manufacturing clients regarding CAA, CWA, RCRA and related state regulations and permitting programs affecting US manufacturing and assembly operations and cross-border waste management and recycling issues.
• Advised Germany-based solar energy development client respecting regulatory issues impacting its entry into the US market.
• Advised several California municipalities respecting EPA CWA NPDES regulatory matters including municipal separate storm sewer (MS4) permits.
• Worked with Washington DC and regional trade organizations to develop comments and legislative strategies to challenge or amend numerous federal and state environmental regulations and statutes impacting client operations.
• Worked with Washington DC and local trade organizations and state Attorneys General regarding NGO litigation challenging EPA regulations pertaining to state water quality standards, petitions and federal solid waste and hazardous waste regulations and TSCA regulation impacting client operations.
• Advised Japan-based client regarding state and federal environmental regulations governing US and cross-border chemical manufacturing and transportation matters.
• Work with numerous Washington DC think tanks and policy institutes to advance US and foreign-based client business interests related to US energy, environment and climate policy matters.
• Advised Republic of Korea (ROK) government ministry and R&D institute regarding US and international climate policy and environmental regulatory issues affecting South Korean government energy policy and international clean energy technology commercialization.
• Facilitated MOUs between various US and ROK government and private sector parties regarding advanced energy technology R&D and commercialization.
• Advised multinational energy client respecting international frameworks governing multi-modal hazardous materials transportation, related implementing legislation and environmental liability regimes in Singapore, Thailand and Malaysia.

Representative Project & Transaction Experience

• Managed due diligence, negotiation of PSA and environmental indemnity & allocation agreements related to acquisition and divestiture of numerous petroleum refining, mining and chemical manufacturing, and related terminal and distribution assets across the United States for US and foreign-based multi-national clients, and defense of various government and third-party claims related to issues identified during the due diligence.
• Advised financial services underwriter client regarding UAE petroleum refining and terminal facility environmental due diligence.
• Advising multinational energy client regarding cross-border US-Mexico natural gas purchase, transportation and related regulatory matters.
• Managed evaluation of Mexico petroleum refinery waste water treatment plant project for Japan-based conglomerate client.
• Managed evaluation of Mexico mining and chemical facility M&A project for Canada-based multi-national client.
• Managed EHSS due diligence respecting Africa mine and processing facility for China (PRC)-based client, including host country and international standards.
• Managed due diligence team regarding a US uranium recovery and processing facility joint venture project for a Japan-based client, focusing on nuclear and environmental regulatory, project finance, government and public relations, and product off-take and export.
• Managed interface with Republic of Korea (ROK)-based EPC and investment parties regarding Canada-based client’s US coal gasification and chemical manufacturing project.
• Advised US electric utility client in relation to siting and environmental regulatory approvals for two California utility-scale PV solar projects.
• Advised US energy project development client in relation to regulatory issues impacting development of wind power project in Washington and PPA governing sale of electricity to California-based off-take party.
• Advised US financial services client regarding environmental remediation and related state and federal regulatory issues impacting California properties in which the client held a security interest.
• Managed due diligence for US client acquisition of competitor’s financial services operations in South Korea, and managed ROK local counsel regarding post-acquisition resolution of ROK law and international treaty issues identified during the due diligence.
• Advised US startup client and ROK affiliate and managed Korean counsel regarding evaluation of ROK and US law issues pertaining to development of recycling technology prototype project in South Korea and commercialization in the United States.
• Managed evaluation of regulatory issues, intellectual property rights, licensing and joint venture arrangements for a US-based energy technology startup company seeking investment from Asia-based strategic partners.
• Managed US client interface with ROK government and private parties regarding development of integrated gasification combined cycle (IGCC) and related carbon capture, use and storage (CCUS) project in South Korea.
• Advised US energy client regarding partnership with ROK parties to develop clean energy projects in Europe, People’s Republic of China (PRC) and the Middle East.

Bar Admissions

Education
JD, UCLA School of Law, 1994BA, University of California, Irvine, magna cum laude, 1989