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Donald C. Nanney

Of Counsel

: Los Angeles
601 S. Figueroa Street
Suite 3700
Los Angeles, CA 90017
P: (310) 460-4479
TF: (800) 563-1027
F: (310) 594-3117

Donald C. Nanney

Donald’s practice focuses on environmental law and real estate, including environmental aspects of business and real estate transactions, regulatory compliance counseling, environmental assessments/audits, contractual allocation of environmental risks, environmental insurance, environmental litigation, claims and penalties, hazardous materials emergencies, and sustainability issues.

Donald is the author of Environmental Risks in Real Estate Transactions: A Practical Guide (Second Edition, 1993; First Edition, 1990) and co-author of California Environmental Law Handbook (Third Edition, 1989, through Eleventh Edition, 1999). He has published widely on issues in his areas of focus, with articles appearing in legal journals and other professional and business publications, and has frequently spoken at programs held by the Los Angeles County Bar Association, State Bar of California, and other professional organizations.

Experience

Successfully defended a major movie studio against Proposition 65 citizen suits and claims under California's Unfair Competition Law in cases involving alleged exposures to chemicals and discharges of pollutants.

Provided compliance counseling regarding environmental laws and regulations affecting ownership or operation of real property, and advice concerning environmental liability.

Assisted clients with respect to underground storage tanks; asbestos in buildings; dry cleaners; environmental permit requirements; hazardous substance emissions and contamination to air, soil and water; notification, warning, hazard communication and release reporting; hazardous waste disposal and related fees and taxes; sale or purchase and development of brownfield properties; prospective purchaser agreements or covenants not to sue; and governmental agency oversight, approval, and closure of remedial activities.

Handled environmental claims and litigation between potentially responsible parties, including present and past owners or operators of contaminated properties, as well as generators of hazardous waste, including complex allocation of liability among numerous responsible parties. Handled litigation with conflicting testimony of expert witnesses and environmental regulators as witnesses.

Handled defense of administrative orders from environmental regulators, including petitions to senior agency for administrative relief.

Obtained administrative orders against responsible party, including reopener of closed site.

Represented parties in major contaminated site cases, including Superfund sites requiring intensive negotiations with the federal Environmental Protection Agency (EPA).

Obtained determination twice by the EPA not to pursue a client for liability at a Superfund site, first for a subsidiary and next for the corporate parent.

Defended and settled administrative claims and penalty actions regarding alleged violations of hazardous waste laws or occupational safety and health regulations.

Handled emergencies and disaster management issues involving release of hazardous materials; compliance with reporting duties; and extensive dealings with environmental consultants, cleanup contractors, and regulatory agencies, including the defense of citations and notices of violation. Matters involved earthquake and fire incidents at a major movie studio, and fire at an industrial warehouse, including response to impacted runoff from fire suppression efforts.

Handled environmental claims under old insurance policies; assembled with insurance archaeology a library of a century of policies relevant to coverage for environmental claims at Superfund and other sites for a major food processing company; and negotiated and obtained new, state-of-the-art environmental insurance policies, including obtaining environmental insurance for transaction parties in lieu of consultant-recommended Phase II site assessment.

Handled a portfolio transaction involving environmental issues at over 100 sites in California and other western states.

Handled due diligence regarding sale of pipelines and transfer of rights-of-way throughout California by a major oil company.

Government/Military Experience

Planning Commissioner; Commissioner, Board of Zoning Appeals; City of Pasadena, Calif. (2017 – present)

Member of Citizens Task Force on Financial Administration and Internal Controls, appointed by Mayor of Pasadena, Calif., in response to a $6.4 million embezzlement case by a city employee (2015)

Veteran, Vietnam War Era (ending in November 1975)

Captain, U.S. Army, Judge Advocate General’s Corps (Active Duty 1975–1979); assigned as Legal Officer in the Administrative Law Division, Office of The Judge Advocate General, Department of the Army, Pentagon, Washington, D.C.; received Meritorious Service Medal and Honorable Discharge

Second Lieutenant, U.S. Army, Signal Corps, Infantry; assigned to graduate studies in law under the Distinguished Military Graduate Program of the Judge Advocate General’s Corps (1971-1974)

Army ROTC Cadet, with full tuition four-year scholarship from U.S. Army, at Stanford University (1967– 1971)

Pro Bono Experience

Pro Bono legal work for St. George’s Episcopal Church, La Canada-Flintridge, Calif. (e.g., leases, insurance claims, administration of Memorial Garden for the interment of ashes).

Symposium/Seminar Program Materials

Anthropogenic Global Warming: Believe it or Not, It's Here, Special Conference Supplement, Benjamin S. Crocker Symposium on Real Estate Law and Business, 2008

Environmental Insurance: The Top 10 Changes in Policy Terms That Insureds Should Seek and Insurers May Give, Real Property Law Section, The State Bar of California, 2007

Negotiation of Enviromental Insurance: Key Changes in Policy Terms That Insureds Should Seek and Insurers May Give, Real Property Section, Los Angeles County Bar Association, 2007

Environmental Indemnities in Loan Documents: Theory and Practice, Real Property Section - Los Angeles County Bar Association, 2005

Phase II Environmental Studies: When, Why & How?, Real Property Section - Los Angeles County Bar Association, 2003

New Brownfields Legislation: Real Progress or Window Dressing?, Real Property Section/Environmental Law Section - Los Angeles County Bar Association, 2002

Top 10 Pitfalls for Real Estate Attorneys Reviewing Phase I Environmental Site Assessments, Real Property Section/Environmental Law Section - Los Angeles County Bar Association, 2001

Learning from Belmont Learning Center (An Environmental Primer for Land Deals), Southern California Chinese Lawyers Association - Los Angeles County Bar Association (Real Property Section), 2001

Strike While the Market is HOT: Developments and Trends in Contaminated Real Property Transactions, In-House Presentation for confidential client, 1999

Mitigating Factors in Appraisal and Valuation of Contaminated Real Property (Co-Author) (Program: Beauty Is In the Eye of the Beholder: What Is Contaminated Property Really Worth, Real Property Section/Environmental Law Section - Los Angeles County Bar Association, 1999

To Lend or Not to Lend, That is Still the Question, but Fiduciaries Have Real New Protection from Environmental Liability; (Program: Hazardous Waste and Real Property Transactions), California Continuing Education of the Bar, 1998

Environmental Due Diligence in Real Estate Transactions: Will the Hope for a Level Playing Field be Realized? (Program: Hazardous Waste and Real Property Transactions), California Continuing Education of the Bar, 1998

Environmental Insurance is Finally Catching On (Program: Hazardous Waste and Real Property Transactions), California Continuing Education of the Bar, 1998

Asbestos Compliance Duties for Landlords and Tenants and Environmental Insurance (Program: Exploring the Complexities of Commercial Leasing -- A Walkabout with the Pros), The Benjamin S. Crocker Symposium/Real Property Section - Los Angeles County Bar Association, 1997

Toxic Materials Legal and Legislative Update (Program: Fulcrum for the Future: Striving for Environmental Excellence), Association of Environmental Professionals, 1996

Environmental Liability for Contaminated Real Property (Program: Bridging the Gap (Into Real Property Law), Part II), Real Property Section - Los Angeles County Bar Association, 1996

New Asbestos Regulations: OSHA Rules Affecting Real Property Management (Program: Everything You Ever Wanted to Know About Real Estate Sales & Brokerage Law and Much More), Real Property Section - The State Bar of California, 1994

Environmental Due Diligence in Real Estate Transactions: Will the Hope for a Level Playing Field be Realized? (Program: Environmental Liabilities in Real Property and Business Transactions), CLE International, 1994

Landlord/Tenant Liability for Cleaning Up Environmental Contamination (Program: What Your Lease Doesn't Say: Environmental Issues Between Landlords & Tenants), Real Property Section - Los Angeles County Bar Association, 1994

Liability for Cleaning Up UST Releases (Program: Underground Storage Tank Regulation in California: Compliance, Cleanup and Liability), California Business Environmental Assistance Center, 1993

Accounting for Environmental Liability, Real Estate Accounting Institute - Executive Enterprises, 1993

Hazardous Waste Issues in Real Property Transactions (Program: Hazardous Waste and Real Property Transactions), California Continuing Education of the Bar, 1992

Exploring the Trends: New Developments in Legislation and Court Cases (Program: How to Conduct and Review Real Estate Site Assessments), HAZMACON, 1992

Hazardous Waste Issues in Real Property Transactions (Program: Minimizing Risks in International Business Transactions), California Continuing Education of the Bar, 1991

What Every Real Estate Lawyer Needs to Know About: Environmental Due Diligence (Program: Environmental Risks in Real Estate and Business Transactions), Real Property Section - Los Angeles County Bar Association, 1991

Asbestos Regulation (Program: Fundamentals of California Environmental Law Compliance), Government Institutes, Inc., 1991
Environmental Issues (Program: Resolving Troubled Real Estate Loans), Infocast, 1991

Impact of Environmental Laws on the Transaction (Moderator of Panel: Environmental Aspects of Real Estate Transactions), Continuing Legal Education Satellite Network, 1990

Asbestos Notification and Disclosure Laws (Program: Fundamentals of California Environmental Law Compliance), Government Institutes, Inc., 1990

Developing Standards for Environmental Due Diligence: An Update From a Legal Perspective, Proceedings of the 6th Annual Hazardous Materials Management Conference West, 1990

Recent Developments Regarding Hazardous Substance Disclosure Obligations of Lessees, Lessors, and Sellers of Real Property (Co-Author) (Program: Fundamentals of Real Property Practice), California Continuing Education of the Bar, 1989

Hazardous Waste Issues in Real Property Transactions (Program: Fundamentals of Real Property Practice), California Continuing Education of the Bar, 1989

Hazardous Waste Issues in Real Property Transactions (Program: The Real Estate Syndicate Disposes of a "Dirty" Property), The Benjamin S. Crocker Symposium/Real Property Section - Los Angeles County Bar Association, 1989

University Extension Course Materials

Environmental Due Diligence in Real Estate Transactions: Will the Hope for a Level Playing Field be Realized? (Course: Environmental Risks in Real Estate Transactions: Performing Assessments and Avoiding Liability), University Extension Programs in Environmental Management - U.C. Riverside, 1994

Exploring the Trends: New Developments in Legislation and Court Cases (Course: Environmental Risks in Real Estate Transactions: Performing Assessments and Avoiding Liability), University Extension Programs in Environmental Management - U.C. Riverside, 1994

What Every Real Estate Lawyer Needs to Know About: Environmental Due Diligence (Course: Environmental Risks in Real Estate and Business Transactions), U.C. San Diego Extension, 1991

News

Cozen O’Connor Announces Hiring of Gilchrist & Rutter Attorneys

September 27, 2017

Cozen O’Connor is thrilled to announce that effective October 1, 2017, all of the lawyers from the Los Angeles real estate and commercial litigation boutique, Gilchrist & Rutter, will join the firm.

Other Lender Protections besides Waiver of Security Interest in Contaminated Real Property [Korek Land Company, Inc's Commentaries & Bulletins]

June 01, 2011

Donald Nanney and Duane Montgomery discuss this topic in Korek Land Company, Inc's Commentaries & Bulletins.

Negotiation of Environmental Insurance: Policy Clarifications that Insurers May Give

November 01, 2008

Donald Nanney, a member of Cozen O'Connor's Real Estate Practice Group, discusses environmental insurance and policies in California Real Property Journal.

Anthropogenic Global Warming: Believe it or Not, it's Here [Real Estate Southern California]

January 01, 2008

Donald Nanney, a member of Cozen O'Connor's Real Estate Practice Group, authored an article titled, "Anthropogenic Global Warming: Believe it or Not, it's Here" in Real Estate Southern California.

The Lawsuit Trigger: Closing the Gap in Environmental Insurance [Brownfield News]

January 01, 2006

Donald Nanney, a member of Cozen O'Connor's Real Estate Practice Group, authored an article titled, "The Lawsuit Trigger: Closing the Gap in Environmental Insurance" in Brownfield News.

Benjamin S. Crocker Symposium Embarks on New Era [Real Property Section Review]

January 01, 2004

Donald Nanney, a member of Cozen O'Connor's Real Estate Practice Group, authored an article titled, "Benjamin S. Crocker Symposium Embarks on New Era" in Real Property Section Review.

Brownfields: Consider Aggravating & Mitigating Factors [Valuation]

January 01, 2004

Donald Nanney, a member of Cozen O'Connor's Real Estate Practice Group, co-authored an article titled, "Brownfields: Consider Aggravating & Mitigating Factors " in Valuation magazine.

Appraising Brownfield Sites [Brownfield News]

January 01, 2003

Donald Nanney, a member of Cozen O'Connor's Real Estate Practice Group, authored an article titled, "Appraising Brownfield Sites" in Brownfield News.

Environmental Risk in Today's Market [Real Estate Issues]

October 01, 2001

Donald Nanney, a member of Cozen O'Connor's Real Estate Practice Group, discusses environmental risks in today's market in Real Estate Issues.

Ninth Circuit Also Rules that Voluntary Remedial Action May be "Necessary" under CERCLA [Real Property Section Review]

January 01, 2000

Donald Nanney, a member of Cozen O'Connor's Real Estate Practice Group, authored an article titled, "Ninth Circuit Also Rules that Voluntary Remedial Action May be "Necessary" under CERCLA" in Real Property Section Review.

Getting All Your Ducks in a ROW: Right-of-Way Portfolio Management [American Gas]

January 01, 1998

Donald Nanney, a member of Cozen O'Connor's Real Estate Practice Group, authored an article titled, "Getting All Your Ducks in a ROW: Right-of-Way Portfolio Management" in American Gas magazine.

Environmental Insurance is Finally Catching On [Real Property Section Review]

January 01, 1997

Donald Nanney, a member of Cozen O'Connor's Real Estate Practice Group, authored an article titled, "Environmental Insurance is Finally Catching On" in Real Property Section Review.

Asbestos Inspection, Disclosure by Building Owners and Employers

January 01, 1996

Donald Nanney, a member of Cozen O'Connor's Real Estate Practice Group, authored an article titled, "Asbestos Inspection, Disclosure by Building Owners and Employers" in California Real Property Journal.

Manage Mess [California Law Business]

January 01, 1996

Donald Nanney, a member of Cozen O'Connor's Real Estate Practice Group, authored an article titled, "Manage Mess" in California Law Business.

New OSHA Asbestos Regulation Expand Duties of Employers and Building Owners and Tenants [Journal of Environmental Regulation]

January 01, 1995

Donald Nanney, a member of Cozen O'Connor's Real Estate Practice Group, authored an article titled, "New OSHA Asbestos Regulation Expand Duties of Employers and Building Owners and Tenants" in Journal of Environmental Regulation.

New OSHA Asbestos Standards: A New Chapter in an Old Controversy [Environmental Liability Enforcement and Penalties Reporter]

January 01, 1995

Donald Nanney, a member of Cozen O'Connor's Real Estate Practice Group, authored an article titled, "New OSHA Asbestos Standards: A New Chapter in an Old Controversy" in Environmental Liability Enforcement and Penalties Reporter.

Real Estate and Law Symposium	Stanford, CA	01/01/2011
Environmental Indemnities in Loan Documents: Theory and Practice	Los Angeles, CA	01/01/2005
Benjamin S. Crocker Symposium on Real Estate Law and Business	Los Angeles, CA	01/01/2003
Impact of Environmental Laws on the Transaction	New York, NY	01/01/1990

Practice Areas

Brownfields Development

Real Estate

Utility, Environmental & Energy

Industry Sectors

Real Estate & Construction

Education

University of California, Davis, J.D., 1974
U.S. Army Judge Advocate General’s School at University of Virginia, Honor Graduate, 1975
Stanford University, A.B., with distinction, 1971

Awards & Honors

Outstanding Real Estate Lawyer Award, Los Angeles County Bar Association 2016

Best Lawyers In America, 2013-2018

Southern California Super Lawyers, 2004-2017

AV Preeminent Rated, Martindale-Hubbell 1999-2017

L.A.'s Top 100 Lawyers, Los Angeles Business Journal, 2009

Who's Who in L.A. Law, Los Angeles Business Journal, 2008

Bar Admissions

Court Admissions

Affiliations

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