future-focused

Practices

Assistant

Debbie Torroll

504.556.4076

“Environmental law is all about the details, but it also demands an eagle eye perspective on the matter as a whole. My engineering background sets me up to dig in deep, while my legal expertise allows me to strategize to reach my client’s ultimate goal.”

Overview

Clare Bienvenu is an environmental regulatory and litigation lawyer who has practiced in both Louisiana and California, working with clients across the U.S. Clare counsels clients regarding regulatory problems spanning the major federal environmental statutes, including the Clean Air Act, CERCLA, RCRA, the Clean Water Act, OPA, the Endangered Species Act, and NEPA, and advises clients concerning various state environmental statutes and regulations. Her regulatory and transactional experience includes assisting energy, petrochemical, and industrial clients in compliance matters concerning air quality, water quality, hazardous waste, land remediation, and renewable energy projects, including wind and carbon capture matters. Clare also advises clients on permitting and regulatory matters for new industrial development facilities. She has significant litigation experience, including CERCLA cost recovery and tort actions for land contamination, tort actions associated with storm water damage, environmental products liability actions, and environmental insurance coverage disputes.

Clare has assisted clients in several substantial site clean-up matters. Her experience includes the representation of clients as part of potentially responsible party groups formed to negotiate cleanup orders and response actions with state and federal environmental regulatory agencies. In connection with these sites, she has worked with consultants regarding site evaluations and remedial alternatives to implement clean-up goals.

Clare represents clients in connection with administrative proceedings and agency enforcement actions. She has participated in consent decree negotiations with the Environmental Protection Agency and the Department of Justice, as well as settlement negotiations with the Louisiana Department of Environmental Quality and the California Air Resources Board. Clare works with companies and trade associations in agency rulemaking processes and is admitted to the U.S. Court of Appeals for the D.C. Circuit where federal rulemaking challenges are heard.

Clare has counseled several non-California companies distributing or selling products in California regarding California Proposition 65 and the environmental aspects of California’s consumer products regulations. Clare is admitted to the California bar and is admitted to practice in both federal and state courts in California. . She has practiced at environmental law firms in San Francisco and Los Angeles, in addition to New Orleans.

Talks about

#environmental #regulatory #california #renewables #airandwater

Highlights

Experience

Practiced at environmental law firms in San Francisco and Los Angeles, in addition to New Orleans.

Experience

Regularly draws on her engineering background to assist clients in environmental matters.

Insight

Practices in emerging renewable energy law, including wind and carbon capture and sequestration

Notable Experience

Renewable Energy

  • Provided legal advice on carbon capture and sequestration project, including financial incentives under Louisiana and California law.
  • Performed regulatory review of subcontractor’s contractual and environmental permitting obligations under offshore wind project.
  • Provided environmental law compliance and land use advice to developer of a major water storage and solar energy project in California.

Air & Water

  • Successfully defended Louisiana Department of Natural Resources coastal use determination for client’s development project in state court litigation.
  • Provided regulatory counsel concerning numerous compliance issues, including advising natural gas company as to how new National Emissions Standards for Hazardous Air Pollutants regulations applied to its facilities under the Clean Air Act and advising chemical companies regarding solid waste and hazardous waste classification of materials used in production process, pursuant to the Resource Conservation and Recovery Act (RCRA).
  • Counseled clients with respect to oil and gas regulatory issues, including advising oil company regarding discharge release reporting requirements under NPDES permit and the Clean Water Act.
  • Facilitated, negotiated, and enforced insurance coverage for environmental claims on behalf of water utility company.
  • Resolved regulatory enforcement claims brought by the California Air Resources Board based on alleged violation of California consumer products emission standards.
  • Counseled client and negotiated with state and local agencies regarding diesel truck and generator emission issues.
  • Assisted in negotiating Consent Decrees on behalf of two different natural gas companies involved in enforcement proceedings for potential violations of the Clean Air Act within tribal air sheds in Utah. Parties to the Consent Decree included EPA Region 8 and the U.S. Dept. of Justice.

Land Remediation

  • Represented developer with claims against a municipality arising under CERCLA based on groundwater contamination caused by leaking sewer.
  • Represented adjacent landowner in lawsuit involving a Superfund site, including common law tort claims and CERCLA claims, and involving issues related to acid mine drainage, statutes of limitations, continuing tort, and restoration damages.
  • Represented industry client with legacy CERCLA liabilities attributable to former chemical manufacturing and recycling subsidiaries at Superfund site.
  • Represented multiple clients in environmental cleanups across the country and developed investigations and remediations in accordance with state laws, including Louisiana’s Voluntary Remediation Program and Risk Evaluation Corrective Action Program (RECAP).

Other Experience

  • Advised client through process of terminating consent decree with EPA.
  • Performed due diligence for a large portfolio sale of gasoline service stations.
  • Defended and settled California Proposition 65 enforcement claims and counseled clients regarding Proposition 65 compliance issues and risks.
  • Represented large well-known hotelier to resolve flood damage claims based on historic California storm incidents, including a 500-year storm.
  • Represented excess insurance carrier in multimillion-dollar bad faith claim against primary insurance carrier.

Involvement

  • The Foundation for Natural Resources and Energy Law, Member
  • Air & Waste Management Association, Louisiana Section, Member
  • Louisiana State Bar Association, Section of Environmental Law, Member

Credentials

Education

  • Tulane University Law School (J.D., magna cum laude, 2004)
  • Texas A&M University (B.S., Civil Engineering, magna cum laude, 2001)

Bar Admissions

  • Louisiana, 2004
  • California, 2013

Court Admissions

  • U.S. District Court, Central District, California
  • U.S. Court of Appeals, District of Columbia

Languages

  • Italian

Clerkships

  • Law Clerk to Administrative Law Judge Richard Mills, U.S. Department of Labor, Office of Administrative Law Judges, 2004-2006
  • Law Clerk to the Honorable Richard Ganucheau, Judge, Civil District Court for the Parish of Orleans, 2002

Publications

After Hours

“My biggest thrill is exploring through travel. I’ve visited 29 countries and 5 continents, and I met my husband on one of those trips. At home, I enjoy involving our children in my hobbies, and we’ve recently taken up vegetable gardening.”

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