Kevin Haroff

Partner, Shook Hardy Bacon

Biography For more than 20 years, Kevin Haroff has represented businesses, individuals and governmental entities in complex environmental law, civil litigation and regulatory enforcement cases. Kevin has handled a broad range of matters involving federal and state environmental statutes, and he has appeared before a variety of administrative agencies on environmental law and policy issues. More recently, Kevin has developed a national reputation on the subject of climate change, with respect to both current regulatory developments and climate change-related litigation. Chambers USA has consistently recognized Kevin Haroff as one of the leading environmental lawyers in California. Clients and colleagues describe Kevin as a “world-class . . . professional” who has provided “incredible expert opinions on complex environmental matters.” His “attention to execution on tough decisions makes him one of the best in the business.” Kevin is “a talented and trusted environmental, land use, and climate change lawyer with the strategic vision to advocate for his clients while understanding their business realities.” Kevin Haroff has spoken on environmental and natural resource topics at conferences held in California, throughout the United States and abroad. His speaking engagements have included presentations at the annual Asia Business Conference at Harvard University and the Euromoney Conference on Trade and Finance in Shanghai, China. Through these engagements and various writing projects, Kevin has “repeatedly demonstrated his commitment to furthering public dialogue about critical legal issues.” Kevin has a law degree from Cornell Law School. He has an undergraduate degree in philosophy and psychology from Cornell University's College of Arts and Sciences and a master's degree in business administration (with distinction) from Cornell's Johnson Graduate School of Management. Areas of Expertise Environmental Litigation - Kevin Haroff has represented clients on environmental matters in both federal and state trial and appellate courts, including matters under the federal Clean Water Act, the Clean Air Act, and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Among other things, Kevin represented a major California port in an environmental cost recovery and contribution action involving a former aeronautical manufacturing facility adjacent to the San Diego International Airport. He defended a high profile governmental enforcement action brought by the U.S. Department of Justice alleging substantial violations of the federal Safe Drinking Water Act by a retail water provider in Monterey County, California. Kevin represented an international pulp and paper company in an early court challenge to the adoption of water quality standards for toxic pollutants by the California State Water Resources Control Board. Land Use and Natural Resources - Kevin has advised and represented clients on a variety of land use and natural resource matters, with a substantial emphasis on water quality and supply issues in the western United States. He represented a major Northern California water supply agency in administrative proceedings and litigation over water supplies from the San Francisco Bay - Sacramento and San Joaquin River Delta (Bay Delta) and the California Central Valley Project. He represented residential and commercial development interests over municipal water supplies to one of the largest planned development projects in Northern California. Kevin also represented a civilian airport authority in connection with the public benefit transfer of a former Naval air station on Guam. Kevin is a recognized expert on land use processing and related issues under the California Environmental Quality Act (CEQA). Toxic Tort and Proposition 65 - Kevin has defended clients in complex toxic tort cases and a variety of matters brought under California’s Safe Drinking Water and Toxic Enforcement Act (Proposition 65). He successfully represented a client in federal court litigation asserting personal injury and fear-of-cancer claims in connection with alleged exposure to dioxin and other chemicals in local drinking water supplies. Unusually, the court dismissed the case in its entirety on a substantive motion for summary judgment, and the dismissal was upheld by the Ninth Circuit Court of Appeals in all respects. In Proposition 65 cases, Kevin has defended clients against claims of alleged unlawful exposures to lead, cadmium, mercury and other chemical substances (including second-hand smoke) in connection with a variety of different consumer products and exposure scenarios. Alternative Dispute Resolution - Kevin has been engaged frequently in connection with the mediation and arbitration of environmental and other types of disputes. Kevin was involved in one of the first arbitration proceedings convened to allocate environmental response liability under California’s hazardous waste control laws. He since has had substantial roles in private party mediations over environmental liability under CERCLA, groundwater contamination disputes, disputes over costs and pricing to dispose of municipal solid waste, arrangements for the provision of municipal water supplies, and environmental insurance disputes. According to Chambers and Partners, Kevin has been praised in this context for his ability to “keep adversaries at the table working toward a solution.” Matters of Note In re Bay-Delta Programmatic Environmental Impact Report Coordinated Proceedings, No. S138974, Supreme Court Of California, 43 Cal. 4th 1143; 184 P.3d 709; 77 Cal. Rptr. 3d 578; 2008 Cal. LEXIS 6737; 38 ELR 20135, Nos. C044267, C044577 (Cal., June 5, 2008), reversing, Court Of Appeal Of California, Third Appellate District, 133 Cal. App. 4th 154; 34 Cal. Rptr. 3d 696; 2005 Cal. App. LEXIS 1582; 2005 Cal. Daily Op. Service 8858; 2005 Daily Journal DAR 12079; 35 ELR 20205, (3d Dist. Ct. App. 2005) (California Environmental Quality Act (CEQA), water quality and water rights) United States v. Alisal Water Corp., No. C 97-20099 JF (HRL), 2007 U.S. Dist. LEXIS 41677 (N.D.Cal. 2007) (Safe Drinking Water Act – federal enforcement action) San Diego Unified Port District v. TDY Industries, Inc. et al., Civ. No. 03 CV 1146-B (POR), 2006 U.S. Dist. 54942 (S.D.Cal. 2006) (CERCLA cost recovery and contribution) State Water Resources Control Bd. Cases, No. C044714, 136 Cal. App. 4th 674; 39 Cal. Rptr. 3d 189; 2006 Cal. App. LEXIS 171; 2006 Cal. Daily Op. Service 1218; 2006 Daily Journal DAR 1735; 36 ELR 20038 (3d Dist. Ct. App. 2006) (land use and water rights) In re Vaccine Cases, No. B168163, 134 Cal. App. 4th 438; 36 Cal. Rptr. 3d 80; 2005 Cal. App. LEXIS 1840; 2005 Cal. Daily Op. Service 10028; 2005 Daily Journal DAR 13675 (2d Dist. Ct. App. 2005) (Proposition 65 and unfair business practice claims) Consumer Advocacy Group, Inc. v. Kintetsu Enterprises of America, 129 Cal.App.4th 540, 28 Cal.Rptr.3d 775 (2d Dist.Ct.App. 2005) (Proposition 65) City of Barstow v. Mojave Water Agency, No. S071728, 23 Cal. 4th 1224; 5 P.3d 853; 99 Cal. Rptr. 2d 294; 2000 Cal. LEXIS 6115; 2000 Cal. Daily Op. Service 6973; 2000 Daily Journal DAR 9265; 31 ELR 20023 (Cal. 2000) (water rights) Collier v. Simpson Paper Co., No. 97-15101, 1997 U.S. App. LEXIS 36334 (9th Cir. 1997) (toxic tort and fear of cancer claims) County of San Joaquin v. State Water Res. Control Bd., No. C023548, 54 Cal. App. 4th 1144; 63 Cal. Rptr. 2d 277; 1997 Cal. App. LEXIS 356; 97 Cal. Daily Op. Service 3403; 97 Daily Journal DAR 5791 (3d Dist. Ct. App. 1997) (water rights and civil procedure) California v. Summer del Caribe, No. C-89-3754, 821 F. Supp. 574; 1993 U.S. Dist. LEXIS 5980; 37 ERC (BNA) 1800; 125 A.L.R. Fed. 729; 93 Daily Journal DAR 9229; 23 ELR 21261 (N.D. Cal. 1993) (environmental cost recovery and remediation) Ecodyne Corp. v. Shah, No. C-88-4813-JPV, 718 F. Supp. 1454; 1989 U.S. Dist. LEXIS 10545; 30 ERC (BNA) 1500; 20 ELR 20172 (N.D.Cal. 1989) (environmental cost recovery and remediation) Chevron U.S.A., Inc. v. Le Resche, Nos. 6396, 6648, 663 P.2d 923; 1983 Alas. LEXIS 415 (Alaska 1983) (administrative law and regulation) Publications Kevin T. Haroff, Summers v. Earth Island Institute Reiterates Actual Injury Requirement for Citizen Suit Standing, 24:27 Legal Backgrounder (Wash. Legal Found. August 14, 2009) Kevin T. Haroff, Delta Smelt Biological Opinion Sets the Stage for the Latest Skirmish in California's Water Wars, Water Resources Committee Newsletter (ABA Section of Environment, Energy and Resources), May 2009, at 17 Kevin T. Haroff, Prospects for International Engagement on Climate Change by the Obama Administration, The International Environmental Law News (ABA Section of International Law), March 2009 Kevin T. Haroff, State Administrative Fees Emerge as Climate Policy Tool, 18:24 Legal Opinion Letter (Wash. Legal Found. October 10, 2008) Kevin T. Haroff, California Using Judicial Action to Regulate Greenhouse Gas Emissions, 18:4 Legal Opinion Letter (Wash. Legal Found. April 4, 2008) Kevin T. Haroff & Jacqueline Hartis, Climate Change and the Courts: Litigating the Causes and Consequences of Global Warming, Natural Resources and the Environment (American Bar Association Section on Environment, Energy and Resources), Winter 2008, at 50 Kevin T. Haroff & Katherine K. Moore, Global Climate Change and the National Environmental Policy Act, 42 U.S.F.L. Rev. 155 (2007) Kevin T. Haroff, Nicole L. Leonard, Richard J. (Tad) Ferris, & Meg Caldwell, International Environmental Law, Environment, Energy, and Resources Law - The Year in Review 2003 (American Bar Association Section on Environment, Energy and Resources), Spring 2004 Speeches and Presentations "Cap and Trade Fundamentals - An Introduction to Market-Based Regulation of Greenhouse Gas Emissions," CLE 2008 International Climate Change Conference; San Francisco, California (Updated and expanded September 2009) "Waxman-Markey – A Brief Overview of the American Clean Energy and Security Act of 2009," Bay Area Council Energy Committee, San Francisco, California (July 2009) "Introduction to the European Union’s REACH Program and California’s Green Chemicals Initiative," REACH & Beyond: Silicon Valley Manufacturing Group Workshop on the Changing Nature of Chemicals Management; Sunnyvale, California (December 2008) "Lessons Learned from the Use of Market-Oriented Strategies to Address Acid-Rain in the U.S.," Winter 2008 Meeting of the Multi-State Working Group on Environmental Performance; Chicago, Illinois (December 2008) "Climate Change Liability – The Evolving Legal Framework," Munich Re America Climate Liability Workshop; Princeton, New Jersey (October 2008) "Global Climate Change and the National Environmental Policy Act," CLE International 2008 California Climate Change Law Conference; San Francisco, California (August 2008) “Overview of ARB’s Statewide Programs and Strategies for Reducing Emissions of Smog-Forming Pollutants and Toxics By Mobile Sources,” Law Seminars International Second Annual Conference on Air Quality Regulation in California; Los Angeles, California (April 2008) “State and Local Land Use Regulation – Process and Practice,” Environmental Law Institute Western Boot Camp on Environmental Law; San Francisco, California (April 2008) "Climate Change – Potential Property and Legal Liabilities," Reinsurance Association of America 2008 CAT Modeling Conference; Tampa, Florida (February 2008) "Climate Change – Developments at the Federal Level," CLE International 2008 California Climate Change Law Conference; Los Angeles, California (February 2008) "Environmental Review of Climate Change Impacts," CLE International 2007 Conference on the National Environmental Policy Act – Process and Compliance for Water and Land Projects; Phoenix, Arizona (October 2007) "Right War, Wrong Weapon - Climate Change and the National Environmental Policy Act," University of San Francisco Law Review 2007 Symposium on Global Climate Change; San Francisco, California (March 2007) "Business Strategies for Environmental Innovation and Technology in Asia," Harvard Business School 2006 Asia Business Conference; Cambridge, Massachusetts (February 2006) “Green Energy and Environmental Protection,” Asia Pacific – USA Chamber of Commerce 2005 China Global Conference; Los Angeles, California (November 2005) “Introduction to Environmental Management Accounting,” Global Supply Chain Management Conference – Environmental Compliance, Accounting & Risk Management Issues; Palo Alto, California (October 2004) “Global Harmonization Initiatives – Hazard Communication and Strategic Management,” REACH for Compliance Conference on Managing New Global Chemicals Initiatives; Palo Alto, California (April 2004) “Manufacturing and Exporting in China: Environmental, Health and Safety Considerations,” Euromoney Conference on Trade and Finance in China; Shanghai, China (November 2003) “Overview of Wetlands Regulation,” CLE International 2002 National Wetlands Conference; San Diego, California (December 2002) “Hidden Products Liability: How to Anticipate and Respond to New Classes of Plaintiffs and Their Theories,” CLE Defense Symposium for In-House Counsel: Pitfalls, Conflicts, and Hidden Liability in Major Litigation and Investigations; Los Angeles, California (October 2002) “Environmental Regulations and Developments in Indonesia and Australia,” Government Institutes Conference on Asia Pacific Environmental Laws & Regulations: Compliance Strategies and Business Opportunities; San Francisco, California (May 1999) Recognition Chambers USA, Leading Environmental Lawyers in California (2007-2009) Memberships American Bar Association (Environmental, Energy and Resources and International Law Sections) California State Bar Association Texas State Bar Association San Francisco Bar Association Licenses Kevin is admitted to practice before the state courts of Texas, New York, and California; the U.S. District Courts for the Southern District of Texas and the Northern, Eastern, Central, and Southern Districts of California; the U.S. Court of Appeals for the Ninth Circuit; and the Supreme Court of the United States. Education 1981 J.D., Cornell Law School 1981 M.B.A., with distinction, Cornell University (Johnson Graduate School of Business Management) 1977 B.A, Cornell University (College of Arts & Sciences) Community Involvement Trustee, World Affairs Council of Northern California Member of the Board of Directors, California Asia Business Council Member, United Way of the Bay Area Campaign Cabinet