Tessa Opalach represents clients in the energy, environment and natural resources space facing civil and criminal interactions with regulators, investigations, and litigation, including class action defense. She assists clients responding to government investigations brought by federal and state regulators, including the US Environmental Protection Agency, the US Department of Justice, California’s Division of Occupational Safety and Health (Cal/OSHA), and the California Department of Toxic Substances Control. She is well versed in handling issues arising under a variety of environmental laws and has litigated matters in trial courts at the federal and state levels. Ms. Opalach also advises clients on environmental, social and governance topics, including responses to shareholder proposals and navigating enforcement and litigation risks.

Professional Activities 

Ms. Opalach serves as Co-Chair of the Barristers Environment, Land Use and Real Estate Section of the Bar Association of San Francisco. She also serves as Liaison to the Environmental Section. 

Experience

    • Represents a hospitality company in defending against claims brought under the Endangered Species Act related to alleged injuries to seabirds at a large resort. 
    • Represents a former property owner in dispute concerning alleged releases of hazardous substances brought under the Resource Conservation and Recovery Act and the Comprehensive Environmental Response, Compensation, and Liability Act.
    • Representing an environmental remediation contractor defending False Claims Act and mass tort actions alleging the falsification of data at a Superfund site.
    • Represented a railroad in enforcement and class action litigation following a derailment and the alleged release of hazardous substances.
    • Represented an individual in criminal prosecution under the Endangered Species Act and the Lacey Act for alleged unlawful transactions involving protected wildlife, resulting in all charges being dismissed by the Department of Justice.
    • Conducted a wood sourcing assessment in response to a shareholder proposal for a major home improvement retailer, prepared recommendations for the enhancement of the retailer’s policies and procedures, and drafted a public forestry report.
    • Represented a public agency in state criminal and civil investigations of alleged violations of the Clean Water Act and reporting laws.
    • Representing a company in an investigation by Cal/OSHA for alleged workplace safety violations.
     

Recognition

Insights & News

Credentials

  • Education

    • JD, University of California, Davis School of Law, 2020

    • BA, International Relations, History, and Spanish, University of California, Davis, 2015

  • Admissions

    • California

  • Clerkships

    • The Hon. Nanette K. Laughrey, US District Court for the Western District of Missouri, 2020 - 2021

Credentials

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