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J. MICHAEL SOWINSKI JR.
Professional Experience
Opper & Varco LLP
San Diego, California
Associate Attorney, January 2007 to present. Private law practice concentrating in the redevelopment of contaminated properties, hazardous waste cleanup (including civil litigation relating thereto), environmental compliance counseling, environmental permitting, land use, environmental covenants (institutional controls), underground storage tank issues, and related environmental matters.
DPRA, Inc.
San Marcos, California
Principal, 1998 to 2007. At private environmental consulting practice, provided policy advising, engineering support, project management, and “business unit” management. For federal, state and local government clients as well as private sector clients, developed environmental policy studies and performed similar consulting support in the areas of environmental cleanup, brownfield redevelopment, clean water act compliance including stormwater management, RCRA compliance, due diligence, and “institutional control” policy and management.
Pro Bono Legal Counsel
Baltimore, Maryland
1998-1999. Represented three community associations in their tri-party legal dispute with the Baltimore Department of Housing and Community Development and a private construction company concerning the siting of a of a twenty-two acre “clean excavation fill” dump site near the edge of a Chesapeake Bay tributary. Legal issues involved discharges under the Clean Water Act, disposal under the Resource Conservation and Recovery Act, Superfund liability, land use permitting, zoning, and environmental justice.
U.S. Department of Justice Law Clerk
Washington, DC
1997. Among other things, prepared legal memorandum in support of large Clean Water Act enforcement case, which investigated a novel area of law relating to the enforcement of the CWA and the Oil Pollution Act when spills occurred during the no-flow periods of intermittent streams.
Environmental Defense Fund Law Clerk
Washington, DC
1996. Prepared “white paper” report about state voluntary cleanup programs, brownfields, and “institutional controls.”
General Physics Corporation
Columbia, Maryland
Environmental Engineer, 1991-1995. Prepared NPDES permit applications for stormwater “associated with industrial activity” for over 200 sites. Managed project to investigate, in accordance with RCRA Subtitle D, the groundwater quality at two landfills. Prepared site investigation and remedial action plans for sites contaminated with chlorinated solvents or petroleum. Conducted treatability studies in support of both government and private sector CERCLA cleanups.
Education
Vermont Law School, South Royalton, Vermont, J.D., 1998.
● Jessup International Moot Court (1998)
- First place legal brief, New England regional competition
- Top ten legal brief, international competition
● Environmental Moot Court Advisory Board
● Secretary, Environmental Law Society
University of Maryland, College Park, Maryland, M.S., 1996.
University of Maryland, College Park, Maryland, B.S., 1991.
Publications
-J. Michael Sowinski and Richard Opper, Land Use Control Implementation Plans – The Child of More Intercourse Between Land Use and Environmental Law, Zoning and Planning Legal Review, Zoning and Planning Law Report Vol 29, No. 3 (Mar. 2006)
-J. Michael Sowinski, Brownfield Redevelopment Under California’s AB 389, EnviroMatters (June, 2005)
-J. Michael Sowinski, Minnesota Court Addresses EPA’s One Call Obligations, Lucs.org (Feb. 05) (available at http://www.lucs.org/news.cfm?id=229).
-J. Michael Sowinski and Joe Schilling, An “Institution” for Institutional Control Tracking and `Monitoring: The Institutional Control Umbrella; ICMA PM Magazine Special Brownfields Edition (October, 2004).
-Michael J. Sowinski, Emily A Vavricka, and Robert D. Morrison; An Overview of Perchlorate Contamination in Groundwater; Legal, Chemical, and Remedial Considerations; Environmental Claims Journal, 15 (Summer, 2003).
-J. Michael Sowinski Jr., The Risk of CERCLA Liability Associated With DOE-Generated Scrap Metal, Radwaste Solutions (March/April 2001).
Speeches and Conference Presentations
-State and Local Institutional Control Cooperation in California, Presented at the US EPA Long Term Stewardship Roundtable and Training (April, 2007).
- Institutional Control Title Searching, Presented at the US EPA Long Term Stewardship Roundtable and Training (April, 2007).
-Admissibility of Expert Witness Opinion Testimony Where Environmental Forensics Methods Form the Basis of the Opinion, Presented at the California Bar Association Environmental Law Conference, Fish Camp, California (October, 2005).
-Conflict of Interest Issues for Environmental Experts During Brownfield Cleanups, Presented at the San Diego County Bar Association and AEHS-Sponsored Workshop on Environmental Expert and Attorney Teams Working Through Brownfield Transactions, San Diego, Ca. (March, 2004).
-Land Use Controls: Local Government Management of LUCs, Presented to the Environmental Counsel of States (ECOS)/Department of Defense (DoD) Land Use Control Working Group, Washington, DC (February, 2005) (available at http://www.ecos.org/section/lucs_task_group/)
-Institutional Controls at Vapor Intrusion Sites, Presented at AEHS Soils, Sediment and Water Workshop Presentation, San Diego, Ca. (March, 2004).
-Designing and Implementing Institutional Controls at Risk-Based Corrective Action Sites. Presented AEHS Soils, Sediment and Water Workshop, San Diego, Ca. (March, 2004).
-Building the Institution for Institutional Controls. Presented at Brownfields 2003, Portland, Oregon (October, 2003).
-Making the Call Before You Dig Program Work for Environmental Contamination. Presented at Brownfields 2003, Portland, Oregon (October, 2003).
-ASTM IC Tracking Group; Status of Current Efforts. Presented at the Institutional Controls Tracking Network Workshop at the EPA Brownfields Conference, Portland, Oregon (October, 2003).
-Vapor Intrusion; Overview of Comments to November, 2002 OSWER VI Guidance. Presented at RCRA National Conference, Washington, DC (August, 2003).
-Coordinating Land Use Controls: The Institutional Control Tracking Umbrella. Presented at Brownfields 2002 (November, 2002).
-Legal Issues Concerning Low Level Radioactive Waste Disposal: The Balance of Federal and State Power. Presented at DODRAD 2001 (May, 2001).
-Whether Land Use Controls Qualify as Regulatory Takings. Presented at Defense Environmental Restoration Program (DERP) Conference (December, 2000).
-Legal Issues Concerning Scrap Metal Recycling. Presented at Spectrum 2000 Conference (May, 2000).
Admissions
State Bar of California
State Bar of Maryland
Professional Affiliations and Memberships
California Bar Association, Environmental Section
American Bar Association Environmental and Natural Resources Section
San Diego County Bar Association, Environmental Section
National Brownfields Association, California Chapter
Committee Participant, California Redevelopment Association Brownfield Committee
Co-Chair ASTM Practice Standard Task Force on Practices to Meet CERCLA’s Post-Purchase “Continuing Obligation” Requirements (focusing on procedures required to comply with land use control and to maintain the integrity of institutional controls).
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