Christopher "Smitty" Smith
Christopher "Smitty" Smith
Primary Office
Experience

Environmental

  • Advising a product packaging producer on environmental regulatory compliance with California Extended Producer Responsibility obligations, including SB343 and SB54.
  • Defending a pesticide manufacturer from allegations of unregistered pesticide sales and distribution by the California Department of Pesticide Regulation.
  • Prosecuting cost recovery claims on behalf of a sustainable aviation fuel equipment manufacturer.
  • Prosecuted CERCLA cost recovery claims for a residential real property developer against consultants responsible for redevelopment grading and resultant environmental contamination.
  • Guided airway and railway logistics companies on environmental compliance issues raised by industrial operations.
  • Defended a construction aggregate mining company in a federal Clean Water Act citizen suit for alleged non-compliance with National Pollutant Discharge Elimination System (NPDES) permit terms to resolution with citizen suit enforcer.
  • Successfully petitioned SCAQMD for a variance from a risk reduction plan regulating an industrial facility’s emissions of hexavalent chromium to provide for additional time to implement necessary risk reduction measures.
  • Litigated CERCLA, RCRA, and common law environmental claims related to soil and groundwater on behalf of a railroad, resulting in dismissal of a public nuisance claim.
  • Represented a California oil and gas pipeline company in litigation preserving access to mineral rights provided by agreement.
  • Prosecuted and defended CERCLA cost recovery claims on behalf of a railroad company against prior tenants and surrounding property owners for environmental contamination across the United States.
  • Guided a chemical manufacturer on navigating California thermal emittance standards for insulation, roofing and composite products.
  • Counseled a railroad transportation company on regulatory dealings with federal and state environmental regulators, addressing concerns over environmental impacts at properties throughout the United States.
  • Represented a collection of real property owners in defending and prosecuting federal and state environmental claims for soil and groundwater contamination.
  • Counseled a public utility on issues of environmental regulatory compliance for business operations around Southern California.
  • Represented a public utility, commercial real property owners, and a national theme park in environmental regulatory dealings with federal and state regulatory agencies and in litigation matters arising under relevant environmental statutes.
  • Guided industrial facilities through NPDES permitting and compliance.

Real Estate

  • Advised a commercial real estate developer on environmental representations and warranties in asset purchases in order to minimize or eliminate associated environmental liabilities.
  • Defended a commercial real estate property owner in an eminent domain property valuation dispute, resulting in the adoption of the preferred property valuation by the court.
  • Advised a property owner on obtaining closure from California regulators for soil contamination at and around an apartment complex.

Products Liability/Proposition 65

  • Defended product manufacturers, suppliers, and retailers in Proposition 65 product liability actions prosecuted by citizen-enforcers by challenging pleadings, leveraging fact- and expert-discovery burdens, prosecuting summary judgment motions, and engaging regulatory contacts to identify non-litigation resolution options for clients.
  • Counseled a renewable energy company on product warning compliance issues arising out of Proposition 65.
  • Defended a natural gas regulator manufacturer from products liability claims in state court resulting from an explosion.
  • Guided a food flavoring company on environmental regulations governing operations in California.
  • Advised consumer products distributors on necessary warnings under Proposition 65.

Litigation

  • Managed a team of attorneys to successful settlement by prosecuting contract-based claims for a large public pension fund.
  • Second-chaired a successful nine-day federal jury trial involving claims of fraud and breach of contract against a reality television star, resulting in a seven-figure jury verdict.
  • Challenged and successfully removed a default judgment against a client for alleged violations of Cal/OSHA workplace safety regulations.

Published Decisions

  • City of Arcadia v. Dow Chemical Company, 2021 WL 3206806 (C.D. Cal. 2021) (favorable summary judgment ruling dismissing product liability, nuisance, and trespass against a pesticide manufacturer client).
  • Voggenthaler v. Maryland Square, LLC, 724 F.3d 1050 (9th Circ. 2013) (environmental cost recovery case parsing the application of the bona fide prospective purchaser exception to CERCLA liability).
  • KFD Enterprises, Inc. v. City of Eureka, 2012 WL 6554097 (N.D. Cal. 2012) (favorable summary judgment ruling dismissing environmental cost recovery claims against a dry cleaning equipment manufacturer).
  • Heim v. Estate of Heim, 2012 WL 993681 (N.D. Cal. 2012) (favorable motion to dismiss ruling dismissing environmental cost recovery claims against a dry cleaning equipment manufacturer).

Smitty has been named one of the 2024 Leaders in Environmental Law by The Lawdragon Green 500 annually since 2024.