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Michael S. Tracy (Mike)  


Partner

mike.tracy@dlapiper.com

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401 B Street, Suite 1700
San Diego, California 92101-4297
United States
T: +1 619 699 3620   F: +1 619 764 6620

Mike Tracy concentrates his practice in environmental regulatory and compliance matters, CERCLA Litigation, RCRA, Proposition 65 Litigation, property contamination, toxic tort.

Mr. Tracy is one of the Pro Bono Coordinators for DLA Piper's San Diego (Downtown) office. He has been named a San Diego Super Environmental Lawyer.

Representative Matters

  • Cleanup of burn ash contaminated property in San Ysidro, California
  • Cleanup of various hydrocarbon and MTBE contaminated sites in Los Angeles and San Diego, California
  • 3000 E. Imperial LLC v. Robertshaw Controls Co. (CERCLA, nuisance, trespass)
  • Voluntary cleanup of Long Beach property under the jurisdiction of the California Department of Toxic Substances Control
  • City of San Diego v. Kinder Morgan Energy Partners (Nuisance, trespass, Business and Professions section 17200, Proposition 65, Water Code violations)
  • San Diego Regional Water Quality Control Board Cleanup & Abatement Proceeding (represent discharger in the cleanup and remediation of the Qualcomm Stadium site)
  • San Diego Regional Water Quality Control Board Cleanup & Abatement Proceeding (representation of BAE Systems San Diego Ship Repair in sediment cleanup of San Diego Bay)
  • City of San Diego v. NASSCO, et al. (CERCLA contribution action)
  • St. Vincent DePaul v. Cal. Linen (try to verdict dry cleaner in property contamination)
  • Representation of major defense contractor before the California Department of Toxic Substances Control and the San Diego Regional Water Quality Control Board (Believed to be the first sediment cleanup under California’s new SQO process)
  • Representation of mining company in mining operation at Aerojet Superfund Site
  • Otay Land Company v. United Enterprises, Ltd. (CERCLA action relating to use of former shooting range)
  • City of Fresno v. Dow (multiple city property contamination/toxic tort actions)
  • Represent Cytec Industries (Carbon/solvent exposure toxic tort/property damage)
  • Cleanup of lead contaminated site for residential development
  • United States v. Stringfellow (CERCLA jury trial)
  • Represent Robertshaw Company in cleanup of various properties in California and Tennessee
  • Represent Jones Chemical Company in various Superfund actions and cleanups in New York, Florida, Pennsylvania and California (including US v. Montrose Chemical Co.)
  • Represented many companies in negotiation of environmental insurance coverage and represent companies in environmental coverage actions in new Jersey, California and Washington
  • Represent many companies in actions to collect against California UST Cleanup Fund
  • Undertaken dozens of environmental due diligence and negotiating representations and warranties in scores of transactions

Admissions

  • California
  • United States District Court for the Northern District of California
  • United States District Court for the Central District of California
  • United States District Court for the Southern District of California
  • United States Court of Appeals for the Ninth Circuit
  • United States Court of Federal Claims

Civic and Charitable

  • Adjunct Professor, Environmental/Toxic Tort Course, University of California, San Diego Extension Program
  • ABA Vice Chair, Toxic and Hazardous Substances and Environmental Law Committee of the Torts and Insurance Practice Section
  • State Bar of California, Environmental Section
  • Member of Chamber of Commerce Environmental Committee
  • San Diego County Bar Association, Environmental Law/Land Use and Insurance/Bad Faith Section


EDUCATION

  • J.D., University of San Francisco 1981
  • B.A., University of California at Davis 1976

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