Profile

Peter McGaw brings an understanding of a wide range of issues to the practice of law, with a particular expertise in environmental issues.

Guidance on Environmental Permitting for Public Entities

Over the years, Peter has provided services as special counsel on NPDES and waste discharge permitting issues to multiple public entities. He consults with many other public and private entities on waste discharge issues, including permitting and TMDL development. Peter also provides formal and informal advice on legislative and regulatory drafting, and advocacy on environmental issues affecting his clients.

Practical Solutions for Clients in Environmental Disputes

Although Peter is an accomplished litigator, he emphasizes practical problem solving over litigated conflict resolution, and demonstrates a special sensitivity to issues of public perception in the environmental arena.

He has represented clients in regulatory, remediation, personal injury, and property damage cases arising out of environmental legislation. These include the Federal Clean Water Act, the State Porter-Cologne Water Quality Control Act, the Clean Air Act, Federal Superfund, State of California Superfund and California’s unique “Proposition 65.”

Environmental Leadership in Contra Costa County

Peter's strengths are perhaps best exemplified by his chairmanship of the Environmental Task Force for the Contra Costa Council for over a decade and his election as Chair of the Council’s Board of Directors. Peter is the Council advocator locally, state-wide and nationally on issues affecting economic vitality and the quality of life.

His leadership in the development and advocacy of issues of significance to the Council and its members led to his being named “Outstanding Task Force Chair” and later receiving the Council's Distinguished Service Award. Peter also serves on the Council's Executive Committee and as its Chief Legal Counsel. 

Authoritative Counselor on Water and Wastewater

Peter has been active in the California Association of Sanitation Agencies (CASA) for many years. He serves on its Attorneys Committee where he is recognized as an authority on wastewater permitting issues. He currently serves as counsel for CASA in the CASA/Vacaville permitting litigation, which challenges the Regional Water Quality Control Boards’ adoption of key provisions of Basin Plans throughout the state.

Trusted Advocate on Air Quality Issues

Peter has counseled clients in enforcement and compliance matters before local air districts and the state Air Resources Board. In addition, he has counseled individual clients and coalitions of clients regarding the environmental warning requirements under Proposition 65. He received commendation for his service on the Bay Area Air Quality Management District’s Environmental Justice Working Group.

A Persuasive Force in Environmental Remediation

Whether representing clients regarding a leaking underground storage tank or a complex Superfund site, Peter brings a common approach to his cases.

He emphasizes credibility with the regulatory agencies and has good working relationships with consultants and regulators across the state. He believes that in the regulatory arena, the ability to persuade is paramount and professional reputation is critical.

Leading Protectorate of Clients in Preventing Prop 65 Pitfalls

California's "Proposition 65" poses a potentially expensive trap for in-state and out-of-state manufacturers, distributors and retailers.

Peter is a co-author of the Proposition 65 Guidebook for the Crop Protection Industry, and a guiding participant in the successful effort to amend Proposition 65 to restrict egregious abuses. He has a long history of proactive defense against these private enforcement claims. Peter quickly assesses the client's potential liability, counsels the client on how to minimize that exposure, and negotiates for an appropriate resolution. 

Experience

Peter McGaw's representative matters include:

Water and Wastewater 

• In 2002, Peter negotiated the first NPDES permit issued by the San Francisco Bay Regional Water Quality Control Board without opposition in over two years, for which he received public commendation from the Chairman of the Board. His relationships with individual members of the Board and with members of the Board’s staff allow his clients special insight into the workings of this regulatory body.
• Peter was counsel of record in the first appellate court decision to apply the fractured Supreme Court Rapanos decision regarding the extent of federal jurisdiction under the Clean Water Act. The case, Northern California River Watch v. City of Healdsburg, extends federal permitting jurisdiction to water bodies with an underground connection to a navigable waterway.   The matter garnered national attention and amicus briefs from organizations around the country on both sides of the issue before finally being denied certiorari by the United States Supreme Court.

 Air Quality

• Counseled hospital on air emissions compliance and resulting Notice of Violation
• Represented chrome plating company in enforcement action by local air district for excessive emissions and invalid source testing
• Evaluated and advised client regarding air emissions credits under air district cap and trade program
• Advised manufacturer of architectural coatings regarding enforcement of alleged violation of sell-through provisions for emissions-limited products
• Advised out-of-state manufacturers and retailers regarding compliance with stringent California emissions requirement

Proposition 65 counseling and litigation

Peter has represented a wide range of in-state and out-of-state manufacturers and distributors regarding compliance with California’s unique warning law, “Proposition 65.” Substances that have been at issue include:

• Toluene in pool cue tip cement 
• Brass in darts
• Paradichlorobenzene in toilet bowl sanitizers
• Lead in artwork decorated glassware and ceramic containers, in restaurant supplies, in PVC insulation and coatings, in brass, in dietary supplements and in computer components
• Chlorine disinfection byproducts
• Toluene in construction adhesive
• Environmental exposures from power plant emissions
• Perchlorethelyne exposure from dry cleaners
• Benzene exposure from leaking Underground Storage Tank
• Various chemicals in auto parts stores
• Methylene chloride in photostencil film chemicals
• Exposure to jet aircraft fumes in airports
   

Financial Services

• Successfully defended residential lender in class action seeking recovery of reconveyance fees throughout State of California under Federal Real Estate Settlement Procedures Act (RESPA)
• Recovered full amount of note and fees secured by property destroyed by rare fungus
• Avoided taking title to property contaminated with pesticides while recovering full balance of note in default
• Settled for nominal amount action for wrongful imposition of impound account which resulted in damage award of almost $1 million against non-settling co-defendant
• Successfully represented financial institutions in claims for fraud and embezzlement from trust accounts
• Defended banks against allegations of improper handling of forged checks

News/Publications

News and Articles

Press Releases

06.19.08 Ed Shaffer Chairs Contra Costa Council
06.07.07 Edward L. Shaffer Installed as Chairman-Elect of Contra Costa Council 

Articles / Speaking Engagements

• "California’s Proposition 65-A National Problem," published in For the Defense, Vol. 42, No. 6
• Proposition 65 Guidebook for the Crop Protection Industry, prepared for the members of the Western Crop Protection Association (Co-author)
• "Only in California: Proposition 65 and Pest Control," presented to Target Specialty Products’ 26th Annual Seminar and Exhibit
• "Lurking in the Weeds: Proposition 65 and Pest Control," presented to Target Specialty Products’ 25th Annual Seminar and Exhibit

Archives

• AN Attorney Named Go-To Lawyer in East Bay
• Environmental lawyer's key is family
• Archer Norris Receives Contra Costa Council's Highest Honor
• Partner Installed as Chairman of Contra Costa Council
• New rules may rain on business
• Environment/regulation: don't ignore variations in state laws