Mr. Potash’s experience includes handling matters arising under the Clean Air Act, state and regional air quality regulations, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and state analogues, the Resource Conservation and Recovery Act (RCRA), the Clean Water Act, and the California Environmental Quality Act.
Mr. Potash has represented clients before the South Coast Air Quality Management District, other air districts in California, the California Air Resources Board, and the United States Environmental Protection Agency. He has broad experience dealing with permitting matters, variances, and the defense of enforcement actions such as orders for abatement. His practice also involves counseling clients as to compliance with local, state, and federal environmental laws. He assists clients with assessing and optimizing EH&S compliance systems.
Mr. Potash has advised clients on climate change legislation and rulemaking, assisting in the representation of a coalition of businesses in the aerospace, automotive, electric power generation, and petrochemical sectors on the implementation of the California Global Warming Solutions Act of 2006 (AB 32) and the Western Climate Initiative. He represented California utilities, refiners, manufacturers, credit brokers and financiers in defending California’s AB 32 cap-and-trade offset program against citizen challenge.
Mr. Potash’s experience includes the assessment and remediation of contaminated sites. He has worked on multiparty Superfund sites as well as sites under the jurisdiction of the California Department of Toxic Substances Control and Regional Water Quality Control Boards.
Mr. Potash also assists private equity firms and investment banks with environmental matters connected to M&A deals, financings, and other transactions. He is experienced in evaluating environmental liabilities, negotiating environmental agreements for business transactions, and formulating and implementing environmental risk transfer strategies.