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Kevin T. Haroff

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Click to Email: kharoff@martenlaw.com

Kevin Haroff has represented Fortune 500 corporations, governmental entities, and private citizens in civil litigation, regulatory issues, and alternative dispute resolution matters for more than 30 years.

Kevin holds graduate degrees in law and business administration from Cornell University and has attended Harvard Law School’s Program on Negotiation, focusing on the mediation of complex multi-party disputes. He repeatedly has been recognized by Chambers USA, Best Lawyers in America, and other organizations for his skills in environmental law and litigation. Kevin is the author of numerous professional and scholarly publications and has spoken at business, law, and policy conferences throughout the United States and internationally, including programs at Cornell, Harvard, and the University of San Francisco.

In addition to his professional practice, Kevin is active in local government affairs, having served as mayor and city councilmember for his community in Marin County, California, and as a member of the board of directors and executive management committee for MCE Clean Energy, California’s first and most successful non-profit community choice electricity provider.

Education

  • J.D., Cornell Law School (1981) 
  • M.B.A., with distinction, Cornell University (Johnson Graduate School of Management) (1981)
  • B.A, Cornell University (College of Arts & Sciences) (1977)

Admitted to Practice

  • Texas (1982)
  • New York (1985)
  • California (1986)
  • Oregon (2016)
  • U.S. Supreme Court (1985)
  • U.S. Court of Appeals for the Ninth Circuit (1991)
  • U.S. Court of Appeals for the Fifth Circuit (2010)
  • U.S. District Court for the Southern District of Texas (1982)
  • U.S. District Court for the Northern District of California (1986)
  • U.S. District Court for the Eastern District of California (1988)
  • U.S. District Court for Central District of California (1993)
  • U.S. District Court for the Southern District of California (2003)
  • U.S. District Court for the Northern District of Texas (2010)

Professional Activities and Honors

  • Member, American Bar Association (Environmental, Energy and Resources and International Law Sections)
  • Member, California State Bar Association
  • Member, Texas State Bar Association
  • Member, Bar Association of San Francisco
  • Listed in Chambers USA, America’s Leading Lawyers for Business – California Environmental (2007-2012)
  • Listed in Northern California Super Lawyers (2004-2017)

Decisions of Note

  • Chubb Custom Insurance Company v. Space Systems/Loral, Inc., et al., 710 F.3d 946 (9th Cir. 2013), cert. denied, 82 U.S.L.W. 3241 (U.S. Jan. 13, 2014) (No. 13-412) (CERCLA cost recovery and subrogation)
  • California Air Resources Board, et al., v. Association of Irritated Residents, et al., No. A132165 (1st Dist. Ct. App. 2011) (climate change and cap and trade)
  • Monsanto v. Geertson Seed Farms, 130 S. Ct. 2743, 561 U.S.  __139, 177 L. Ed. 461 (2010), rev’g Geertson Seed Farms v. Johanns, 541 F.3d 938 (9th Cir. 2008) (NEPA)
  • In re Bay-Delta Programmatic Environmental Impact Report Coordinated Proceedings, 43 Cal. 4th 1143; 184 P.3d 709 (Cal. 2008), (CEQA, water quality, and water rights)
  • United States v. Alisal Water Corp., No. C 97-20099 JF (HRL), 2007 U.S. Dist. LEXIS 41677 (N.D.Cal. 2007) (federal SDWA enforcement)
  • San Diego Unified Port District v. TDY Industries, Inc. et al., 2006 U.S. Dist. 54942 (S.D.Cal. 2006) (CERCLA cost recovery and contribution)
  • State Water Resources Control Bd. Cases, No. C044714, 136 Cal. App. 4th 674; 39 Cal. Rptr. 3d 189;36 ELR 20038 (3d Dist. Ct. App. 2006) (land use and water rights)
  • In re Vaccine Cases, No. B168163, 134 Cal. App. 4th 438; 36 Cal. Rptr. 3d 80 (2d Dist. Ct. App. 2005) (Proposition 65 and unfair business practice claims)
  • Consumer Advocacy Group, Inc. v. Kintetsu Enterprises of America, 129 Cal.App.4th 540; 28 Cal.Rptr.3d 775 (2d Dist.Ct.App. 2005) (Proposition 65)
  • City of Barstow v. Mojave Water Agency, 23 Cal. 4th 1224; 5 P.3d 853; 99 Cal. Rptr. 2d 294; 31 ELR 20023 (Cal. 2000) (water rights)
  • Collier v. Simpson Paper Co., No. 97-15101, 1997 U.S. App. LEXIS 36334 (9th Cir. 1997) (toxic tort and fear of cancer claims)
  • County of San Joaquin v. State Water Res. Control Bd., No. C023548, 54 Cal. App. 4th 1144; 63 Cal. Rptr. 2d 277; 1997 Cal. App. LEXIS 356; (3d Dist. Ct. App. 1997) (water rights and civil procedure)
  • California v. Summer del Caribe, 821 F. Supp. 574; 23 ELR 21261 (N.D. Cal. 1993) (CERCLA cost recovery and remediation)
  • Ecodyne Corp. v. Shah, No. C-88-4813-JPV, 718 F. Supp. 1454;  20 ELR 20172 (N.D.Cal. 1989) (CERCLA cost recovery and remediation)
  • Chevron U.S.A., Inc. v. Le Resche, Nos. 6396, 6648, 663 P.2d 923 (Alaska 1983) (administrative law and regulation)

Select Publications

  • Kevin T. Haroff, How Community Choice Is Transforming California’s Retail Energy Markets, Climate Change, Sustainable Development, and Ecosystems Committee Newsletter (ABA Section of Environment, Energy and Resources, November 2018)
  • Kevin T. Haroff, Can Constitutional Standing Arguments Restrain Citizen-Suit Enforcement of Federal Environmental Laws?, Legal Backgrounder (Washington Legal Foundation, September 2017)
  • Kevin T. Haroff, EME Homer City v. EPA Affirms Role of Federalism in Environmental Regulation, The Legal Pulse (Washington Legal Foundation, September 2012)
  • Kevin T. Haroff, Open or Shut? – Pleading Federal Environmental Claims After Twombly and Iqbal, Environmental Litigation and Toxic Torts Committee Newsletter (ABA Section of Environment, Energy and Resources, July 2012)
  • Kevin T. Haroff, With Diminished Prospects Overall for a Comprehensive Strategy on Climate Change in the United States, the State of California Moves Forward on Its Own, International Environmental Law Committee Newsletter (ABA Section of International Law, January – April 2012)
  • Kevin T. Haroff, On Thin Air: Standing, Climate Change, and the National Environmental Policy Act, 46 Val. U. L. Rev. 411 (2012)
  • Kevin T. Haroff, California’s Climate Change Program Comes Together in 2012 – Or Does It?, Climate Change, Sustainable Development, and Ecosystems Committee Newsletter (ABA Section of Environment, Energy and Resources, April 2012)
  • Kevin T. Haroff and Amanda Leiter, On the Merits: EME Homer City Generation v. U.S. Environmental Protection Agency (Wash. Legal Found., April 2012)
  • Kevin T. Haroff, Climate Change Game Changers: The Evolution of Regulation and Litigation, Aspatore Special Report - Understanding Recent Climate Change Developments (Thompson Reuters/Aspatore, December 2010)
  • Kevin T. Haroff, Assessing the Environmental Impacts of Agricultural Biotech – Geertson Seed Farms and Beyond, Joint Newsletters of the Environmental Litigation and Toxic Tort, Agricultural Management, and Environmental Impact Assessment Committees (ABA Section of Environment, Energy and Resources, November 2010)
  • Kevin T. Haroff, The New Environmental Paradigm: Trends and Strategies for Responding to the Challenge of Climate Change, The Legal Impact of Climate Change – Leading Lawyers on Navigating New Laws, Avoiding Liability, and Anticipating Future Challenges for Clients (Thompson Reuters/Aspatore, 2010 ed.)
  • Kevin T. Haroff, Climate Change Litigation in the United States, Liability for Climate Change? – Experts’ Views on a Potential Emerging Risk (Munich RE Corporate Climate Centre, March 2010)
  • Kevin T. Haroff, Summers v. Earth Island Institute Reiterates Actual Injury Requirement for Citizen Suit Standing, 24:27 Legal Backgrounder (Wash. Legal Found., August 14, 2009)
  • Kevin T. Haroff, Delta Smelt Biological Opinion Sets the Stage for the Latest Skirmish in California’s Water Wars, Water Resources Committee Newsletter (ABA Section of Environment, Energy and Resources, May 2009)
  • Kevin T. Haroff, Prospects for International Engagement on Climate Change by the Obama Administration, The International Environmental Law News (ABA Section of International Law, March 2009)
  • Kevin T. Haroff & Jacqueline Hartis, Climate Change and the Courts: Litigating the Causes and Consequences of Global Warming, Natural Resources and the Environment (American Bar Association Section on Environment, Energy and Resources, Winter 2008)
  • Kevin T. Haroff & Katherine K. Moore, Global Climate Change and the National Environmental Policy Act, 42 U.S.F.L. Rev. 155 (2007)

Select Speeches and Presentations

  • “Climate Change Liability,” 2019 ASHRAE Winter Conference, Atlanta, Georgia (January 2019)
  • “Negotiating Consent Decrees for Environmental Violations,” Strafford Webinar (December 2018)
  • “Defending Against Citizen Suits Under Environmental Laws,” Strafford Webinar (August 2018)
  • “Private Enforcement of U.S. Environmental Laws: Standing Challenges Amid Divergent Circuit Court Rulings,” Strafford Webinar (November 2017)
  • “The California Sustainable Groundwater Management Act,” Urban Water Institute Spring Conference, Palm Springs, California (April 2015)
  • “California Water Quality and Supply Consideration,” LSI Conference on Environmental Regulation and Hydraulic Fracturing in California; Santa Monica, California (July 2013)
  • “Developing Offset Projects for Compliance,” Moderator, Marten Law and American Carbon Registry Conference on California’s Cap and Trade – Strategies for Effective Market Participation; Sacramento, California (July 2013)
  • “Pleading Federal Environmental and Toxic Tort Claims – Navigating Pleading Standards Amid Differing Court Decisions, and Overcoming Other Procedural Challenges,” Strafford Webinar (January 2013)
  • Coalition for Responsible Regulation v. EPA – A Key New Decision for Climate Change Regulation,” Moderator, LSI TeleBriefing (August 2012)
  • “Rolling the Dice: Using Science-Based Risk Assessment in Making Decisions on Energy Policy,” Cornell Environmental Law Society 2011 Energy Conference at Cornell Law School: Ithaca, New York (April 2011)
  • “Water Supply Planning Considerations For Land Use and Development Projects,” Association of Environmental Professionals 2011 Annual State Conference: Monterey, California (March 2011)
  • “Climate Change Litigation Under the National Environmental Policy Act (NEPA),” 2011 Monsanto Lecture and Conference on Climate Change Litigation, Valparaiso University School of Law: Valparaiso, Indiana (February 2011)
  • “Land Use Planning Approaches to the Climate Change Challenge,” 2010 SHB Conference on the Next Generation of Environmental Law; Miami, Florida (December 2010)
  • “Overview of California Water Law and Regulation,” LSI Conference on California Water Quality and Its Impact on Water Supply; San Francisco, California (July 2010)
  • “Changes in Pleading Requirements: Bolstering Defense Advantages by Using Potential Plaintiff Problems with the Iqbal-Twombly Standard,” ACI Conference on Chemical Products Liability and Environmental Litigation; Chicago, Illinois (April 2010)
  • “Environmental and Regulatory Challenges to Developing Energy Alternatives – A Case Study,” Law, Science and Sustainability Seminar at Cornell Law School; Ithaca, New York (March 2010)
  • “Cap and Trade Fundamentals - An Introduction to Market-Based Regulation of Greenhouse Gas Emissions,” CLE 2008 International Climate Change Conference; San Francisco, California (updated and expanded – September 2009)
  • “Waxman-Markey – A Brief Overview of the American Clean Energy and Security Act of 2009,” Bay Area Council Energy Committee, San Francisco, California (July 2009)

Civic Activities

  • City of Larkspur (Marin County, California) - City Council Member (2013-Present); City Planning Commissioner (2012-2013)
  • MCE Clean Energy - Board Member (2014-Present)
  • Cornell Law School Alumni Association - Executive Board Member (2012-Present)
  • Voluntary Legal Services Program of the Bar Association of San Francisco – Board and Executive Committee Member (2012)
  • San Francisco Bar Association Foundation –  Member of the Board of Directors (2010-2011); Board Secretary (2011); Chair, Lawyers Campaign for VLSP and Diversity (2010)
  • United Way of the Bay Area – Member, Campaign Cabinet (2011-2012); Recipient of the Silverback Award for Extraordinary Campaign Efforts and Personal Leadership (2009)
  • World Affairs Council of Northern California –  Past Trustee and Member, Education Committee
  • California Asia Business Council – Past Member of the Board of Directors

Alliance for Responsible Neighborhood Planning (ARNP)

The firm represented ARNP, a private citizen group based in Hillsborough, California, in state court litigation challenging a local school redevelopment project under the California Environmental Quality Act (CEQA). Construction of the project was preliminarily enjoined, resulting in a favorable settlement requiring the reconfiguration of key elements of the project’s design. More

Barkman Honey, LLC

The firm has represented Barkman Honey, LLC, an international processor and packager of honey and other natural sweeteners, in connection with compliance and enforcement actions under California’s Proposition 65 toxics enforcement and notification law. More

Belnick, Inc.

The firm has represented Belnick, Inc., a large internet retailer of office furniture and medical equipment, in connection with compliance and enforcement actions under California’s Proposition 65 toxics enforcement and notification law. More

ECS Refining, LLC

The firm represented ECS Refining, one of the nation’s largest electronics recycling companies, in connection with a range of environmental compliance and enforcement matters. Among other things, the firm helped ECS negotiate the favorable resolution of disputes regarding compliance with California environmental regulations at the company’s facility in Santa Clara, California. More

Ford Motor Company

The firm represented Ford Motor Company in connection with a complex environmental cost recovery and insurance subrogation case involving a former aeronautical manufacturing facility in Palo Alto, California. The U.S. More

Klamath Basin Adjudication

The firm has represented the Mathis Family Trust, a large privately-held ranching operation, in an administrative adjudication and subsequent litigation over water rights to the Klamath River Basin in Southern Oregon. The matter involves various U.S. government interests (including the federal Bureau of Reclamation), the State of Oregon, native American Tribes, and numerous private parties. More

Laconia Development LLC

The firm represents Laconia in connection with the remediation of petroleum contamination at a redevelopment project in downtown Seattle, Washington. The matter is ongoing.

San Francisco partner Kevin Haroff represents Laconia in this matter.

Mother’s Market & Kitchen

The firm has represented Mother’s Market and Kitchen, a Southern California specialty grocery chain, in administrative proceedings brought by the South Coast Air Quality Management District (SCAQMD) over alleged violations of SCAQMD regulations governing the use of commercial refrigeration equipment. The matter was resolved successfully. More

NCR Corporation

The firm has represented NCR on a variety of environmental litigation matters, including a complex, multi-party tort ligation matter (DSA v. Micro-Instruments, Inc., et al.) involving soil and groundwater contamination at a number of properties in Southern California. More

Sysco Corporation

The firm represented Sysco Corporation, a multinational distributor of food products to restaurants, healthcare and educational facilities, and hospitality businesses, in connection with alleged violations of California environmental regulations involving Sysco’s Northern California distribution facilities. The matter was resolved successfully. More