Experience

• Ms. Morrissey’s experience includes representing clients facing state and federal agency environmental enforcement actions and negotiations, Clean Water Act citizen suits, hazardous waste investigations, and federal and Cal/OSHA investigations and appeals. She has experience with the Clean Water Act, Clean Air Act, CERCLA, RCRA, FIFRA, the California Environmental Quality Act as well as other California statutes.

  Ms. Morrissey has also worked closely with agency representatives from the US Department of Justice, Environment and Natural Resources Division, the California Department of Toxic Substances Control, the California Department of Resources Recycling and Recovery, the California State Water Control Board and various regional water boards, and California District Attorney Offices to reach agreement on compliance and enforcement matters.

  Recent representative matters include:

  • Represent pharmaceutical stewardship entity in regulatory and enforcement proceedings before CalRecycle regarding California requirements for covered drugs and sharps takeback programs, including reporting and user “convenience standard” requirements.
  • Represent major transportation company in environmental enforcement actions, including negotiations with U.S. EPA and the Department of Justice, and related litigation initiated by various federal and state agencies in the wake of a significant incident garnering national media attention.
  • Conduct civil rights audit and prepare public report in response to shareholder proposal for major medical services company, including an environmental justice screening of the company’s US industrial facilities and assessing the company’s policies and procedures that implicate environmental justice risks and opportunities.
  • Conduct racial equity audit and prepare public report in response to shareholder proposal for global snack food company, which review included an environmental impact assessment and environmental justice evaluation, and a review of the company’s plastics and packaging impacts and initiatives.
  • Conduct deforestation assessment in response to shareholder proposal for major home improvement retailer, prepare recommendations for enhancement of policies and procedure, and draft public forestry report.
  • Led high-profile OSHA investigation for major transportation company, which investigation included union involvement and national media attention, and reached favorable settlement on numerous proposed citations, and worked with corporate communications to prepare press responses.
  • Represent Ukrainian family fleeing Russian invasion in obtaining temporary protected status (TPS) and submitting application for asylum.
  • Analyze Environmental, Social, Corporate Governance (ESG)-related disclosure frameworks and recent Securities & Exchange Commission Proposed Climate Disclosure Rulemaking, and consult with consultants and securities attorneys to counsel clients on comment letters and compliance policies.
  • Conduct environmental justice (EJ)/racial equity audits and deforestation assessment for three major public companies in response to shareholder proposals, including internal fact investigation, recommendations for enhancement of policies and procedures to address potential EJ concerns, and proponent engagement.
  • Successfully represented pro bono trafficking victim in obtaining vacatur of criminal record due to alleged crimes committed while under the control of the client’s trafficker.
  • Counsel on environmental insurance issues, including negotiation and favorable settlement with insurance coverage counsel for remediation coverage at redevelopment site.
  • Assisted ongoing congressional investigation regarding strategy for disclosure of sensitive documents and newsworthy events.
  • Assessed (and, with a team at the firm, is currently closely tracking) President Biden’s climate change policies, including developing issues relating to ESG disclosures, emissions reductions strategies, and environmental justice initiatives.
  • Counseled several major Bay Area and national companies on compliance with state and local public health orders, business operational requirements, and related OSHA mandates during the COVID-19 pandemic, including during the shelter-in-place orders issued across the country.
  • Advised semiconductor manufacturer on recycling exemptions under RCRA hazardous waste regulations.
  • Defended retail client in hazardous waste enforcement action brought by California Attorney General and various county District Attorneys.
  • Represented a major residential and commercial developer in obtaining approvals for remediation and redevelopment construction site. Issues at the site included vapor intrusion mitigation and compliance with deed restrictions.
  • Represented a corporate client in connection with deed restrictions and a soil management plan at a redevelopment site. Successfully petitioned Regional Water Board to reduce mandates imposed under Water Code section 13267 Letter.
  • Represented client in major transaction and assisted with environmental diligence and analysis for redevelopment. Issues at the site included vapor intrusion mitigation and compliance with land use covenants.
  • Negotiated various asset and stock purchase agreements and merger agreements and conducted environmental diligence for transactions on behalf of technology, real estate, mining, airline and other corporations.
  • Represented major industrial manufacturer in administrative enforcement proceeding before the California South Coast Air Quality Management District and successfully negotiated air emissions curtailment agreement.
  • Advised large oil and gas client on environmental liability issues in bankruptcy proceeding and represented client in filings before the California State Lands Commission related to assets in bankruptcy.
  • Negotiated diverse land use agreements including development agreement with local government agency and advised various corporations, including solar developer, on zoning, land use and permitting issues throughout California.
  • Successfully represented pro bono clients in guardianship proceeding, obtained approval for Special Immigrant Juvenile Status in federal immigration proceeding and received approval for Lawful Permanent Residence status.