Email Donald C. Nanney
Honors and Awards Bar Admissions Professional Associations
and Memberships Classes, Seminars, and Speaking Engagements Published Works
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Partner
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Donald C. Nanney is a partner with Gilchrist & Rutter, with a practice focusing on environmental law and real estate, including environmental aspects of business and real estate transactions; regulatory compliance counseling; environmental assessments/audits; contractual allocation of environmental risks; environmental insurance; environmental claims and penalties; and hazardous materials emergencies.
Mr. Nanney is the author of Environmental Risks in Real Estate Transactions: A Practical Guide (Second Edition, 1993; First Edition, 1990) and co-author of California Environmental Law Handbook (Third Edition, 1989, through Eleventh Edition, 1999). Mr. Nanney has published widely on issues in his areas of expertise, with articles appearing in legal journals and other professional and business publications, and is a frequent seminar speaker at events held by the Los Angeles County Bar Association and other professional groups.
Mr. Nanney received his J.D. degree from the School of Law, University of California at Davis. He earned his A.B. with distinction from Stanford University, Stanford, California. Mr. Nanney was an honor graduate of the Army Judge Advocate General's School at the University of Virginia, in Charlottesville, and served as Captain in the U.S. Army Judge Advocate General's Corps.
Representative Experience:
Successfully defended a major movie studio against Proposition 65 citizen suits and claims under California's Unfair Competition Law in cases involving alleged exposures to chemicals and discharges of pollutants.
Provided compliance counseling regarding environmental laws and regulations affecting ownership or operation of real property, and advice concerning environmental liability.
Assisted clients with respect to underground storage tanks; asbestos in buildings; environmental permit requirements; hazardous substance emissions and contamination to air, soil and water; notification, warning, hazard communication and release reporting; hazardous waste disposal and related fees and taxes; sale or purchase and development of "brownfield" properties; prospective purchaser agreements or covenants not to sue; and governmental agency oversight, approval and closure of remedial activities.
Obtained a Certificate of Completion, one of the few ever issued by California regulatory agencies under the Unified Agency Review of Hazardous Materials Release Sites Law.
Handled environmental claims between potentially responsible parties, including present and past owners or operators of contaminated properties, as well as generators of hazardous waste.
Represented parties in major contaminated site cases, including "Superfund" sites requiring intensive negotiations with the federal Environmental Protection Agency (EPA).
Defended and settled administrative claims and penalty actions regarding alleged violations of hazardous waste laws or occupational safety and health regulations.
Handled emergencies and disaster management issues involving release of hazardous materials; compliance reporting duties; and extensive dealings with environmental consultants, cleanup contractors and regulatory agencies, including the defense of citations and notices of violation.
- Super Lawyer in Environmental Law, Southern California Super Lawyers; selected by Law & Politics Media, Inc.; www.SuperLawyers.com (2008, 2007, 2006, 2005, 2004)
- AV Rated, Martindale-Hubbell, www.martindale.com
- California, 1974
- District of Columbia, 1979
- U.S. Supreme Court, 1978
- U.S. Court of Appeals for the Armed Forces, 1975
- U.S. District Court Northern District of California, 1980
- U.S. District Court Central District of California, 1985
- U.S. Court of Appeals 9th Circuit, 1998
- California State Bar Association
- Member, Environmental Law Section and Real Property Law Section
- Los Angeles County Bar Association,
2008
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2009
- Chair, Real Property Section
- California State Bar Association,
2007
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2008
- Vice Chair, Real Property Law Section
- California State Bar Association,
2005
- Present
- Executive Committee Member, Real Property Law Section
- Los Angeles County Bar Association
- Member, Real Property Section and Environmental Law Section
- Los Angeles County Bar Association,
1999
- Present
- Member, Executive Committee, Real Property Section
- Los Angeles County Bar Association,
1998
-
2001
- Co-Chair, Land Use Planning & Env. Law Subsection, Real Property Sec.
- Los Angeles County Bar Association,
1995
-
1997
- Member, Environmental Law Section, Executive Committee
- Los Angeles County Bar Association,
1995
-
1997
- Chair, Env. Law Corporate Issues & Transactions Committee
- USC Law School Institute/LACBA Bejamin S. Crocker, Symposium on Real Estate Law and Business, Chair, 2003 and 2004
- Moderator of panel of seven experts selected for nationwide television program Impact of Environmental Laws on the Transaction, Environmental Aspects of Real Estate Transactions, Broadcast Live from New York City via the Continuing Legal Education Satellite Network,
1990
- Speaker, moderator or program sponsor of over 100 other seminars since 1988, for California Continuing Education of the Bar, The State Bar of California, Los Angeles County Bar Association and Other Professional Groups
- * BOOKS / HANDBOOKS *
- Environmental Risks in Real Estate Transactions: A Practical Guide (Second Edition), McGraw-Hill, Inc./Executive Enterprises Publications Co., Inc., 1993
- Real Estate Transactions and Environmental Risks: A Practical Guide (First Edition), Executive Enterprises Publications Co., Inc., New York, 1990
- California Environmental Law Handbook (Co-Author), 3rd Edition, 1989, through 11th Edition, 1999, Government Institutes, Inc., Rockville, Maryland
- * ARTICLES *
- Negotiation of Enviromental Insurance: Policy Clarifications that Insurers May Give, California Real Property Journal, Real Property Law Section - The State Bar of California, Vol. 26, No. 1, 2008
- The Lawsuit Trigger: Closing the Gap in Environmental Insurance, Brownfield News, August 2006
- Benjamin S. Crocker Symposium Embarks on New Era, Real Property Section Review, Real Property Section, Los Angeles County Bar Association, Summer 2004
- Brownfields: Consider Aggravating & Mitigating Factors (Co-Author), Valuation Insights & Perspectives, Vol. 9, No. 2, The Appraisal Institute, Second Quarter 2004
- Appraising Brownfield Sites, Brownfield News, July/August 2003
- Environmental Risk in Today's Market, Real Estate Issues, Counselors of Real Estate, Vol. 26, No. 3 (Fall 2001)
- Ninth Circuit Also Rules that Voluntary Remedial Action May be "Necessary" under CERCLA, Real Property Section Review, Real Property Section, Los Angeles County Bar Association, November/December 2000
- Mitigating Factors in Appraisal and Valuation of Contaminated Real Property (Co-Author), Real Estate Issues, Counselors of Real Estate, Vol. 25, No. 2 (Summer 2000)
- Getting All Your Ducks in a ROW: Right-of-Way Portfolio Management (Co-Author), American Gas, Dec.'98/Jan.'99
- Environmental Insurance is Finally Catching On, Real Property Section Review, Real Property Section, Los Angeles County Bar Association, September/October 1997
- Manage Mess, California Law Business, a Los Angeles Daily Journal Supplement, December 2, 1996
- Asbestos Inspection, Disclosure by Building Owners and Employers, California Real Property Journal, Real Property Law Section -- The State Bar of California, Summer 1996
- New OSHA Asbestos Standards: A New Chapter in an Old Controversy, Environmental Liability Enforcement and Penalties Reporter, January 1995
- New OSHA Asbestos Regulation Expand Duties of Employers and Building Owners and Tenants, Journal of Environmental Regulation, Winter 1994/1995
- New Asbestos Regulations Create Expanded Duties, The Corporate Counselor, December 1994
- Hazardous Materials Disaster Management, Environmental Manager, October 1994
- ASTM Standard Practice for Environmental Site Assessments, Environmental Liability, Enforcement and Penalties Reporter, August 1993
- Trustee and Fiduciary Liability Under CERCLA: What Did the Trustee Know and When Did the Trustee Know It?, Probate Law Journal of Ohio, July/August 1993
- Note: The foregoing list of articles does not include articles by others in which Mr. Nanney was quoted.
- * SYMPOSIUM / SEMINAR PROGRAM MATERIALS *
- Anthropogenic Global Warming: Believe it or Not, It's Here, Special Conference Supplement, Benjamin S. Crocker Symposium on Real Estate Law and Business 2008
- Enviromental Insurance: The Top 10 Changes in Policy Terms That Insureds Should Seek and Insurers May Give, Real Property Law Section, The State Bar of California
- Negotiation of Enviromental Insurance: Key Changes in Policy Terms That Insureds Should Seek and Insurers May Give, Real Property Section, Los Angeles County Bar Association, 2007
- Environmental Indemnities in Loan Documents: Theory and Practice, Real Property Section - Los Angeles County Bar Association, 2005
- Phase II Environmental Studies: When, Why & How?, Real Property Section - Los Angeles County Bar Association, 2003
- New Brownfields Legislation: Real Progress or Window Dressing?, Real Property Section/Environmental Law Section - Los Angeles County Bar Association, 2002
- Top 10 Pitfalls for Real Estate Attorneys Reviewing Phase I Environmental Site Assessments, Real Property Section/Environmental Law Section - Los Angeles County Bar Association, 2001
- Learning from Belmont Learning Center (An Environmental Primer for Land Deals), So. California Chinese Lawyers Association - Los Angeles County Bar Association (Real Property), 2001
- Strike While the Market is HOT: Developments and Trends in Contaminated Real Property Transactions, In-House Presentation for Confidential Client, 1999
- Mitigating Factors in Appraisal and Valuation of Contaminated Real Property (Co-Author) (Program: Beauty Is In the Eye of the Beholder: What Is Contaminated Property Really Worth?), Real Property Section/Environmental Law Section - Los Angeles County Bar Association, 1999
- To Lend or Not to Lend, That is Still the Question, but Fiduciaries Have Real New Protection from Environmental Liability (Program: Hazardous Waste and Real Property Transactions), California Continuing Education of the Bar, 1998
- Environmental Due Diligence in Real Estate Transactions: Will the Hope for a Level Playing Field be Realized? (Program: Hazardous Waste and Real Property Transactions), California Continuing Education of the Bar, 1998
- Environmental Insurance is Finally Catching On (Program: Hazardous Waste and Real Property Transactions), California Continuing Education of the Bar, 1998
- Asbestos Compliance Duties for Landlords and Tenants and Environmental Insurance (Program: Exploring the Complexities of Commercial Leasing -- A Walkabout with the Pros), The Benjamin S. Crocker Symposium / Real Property Section - Los Angeles County Bar Association, 1997
- Toxic Materials Legal and Legislative Update (Program: Fulcrum for the Future: Striving for Environmental Excellence), Association of Environmental Professionals, 1996
- Environmental Liability for Contaminated Real Property (Program: Bridging the Gap (Into Real Property Law), Part II), Real Property Section - Los Angeles County Bar Association, 1996
- New Asbestos Regulations: OSHA Rules Affecting Real Property Management (Program: Everything You Ever Wanted to Know About Real Estate Sales & Brokerage Law and Much More), Real Property Section - The State Bar of California, 1994
- Environmental Due Diligence in Real Estate Transactions: Will the Hope for a Level Playing Field be Realized? (Program: Environmental Liabilities in Real Property and Business Transactions), CLE International, 1994
- Landlord/Tenant Liability for Cleaning Up Environmental Contamination (Program: What Your Lease Doesn't Say: Environmental Issues Between Landlords & Tenants), Real Property Section - Los Angeles County Bar Association, 1994
- Liability for Cleaning Up UST Releases (Program: Underground Storage Tank Regulation in California: Compliance, Cleanup and Liability), California Business Environmental Assistance Center, 1993
- Accounting for Environmental Liability, Real Estate Accounting Institute - Executive Enterprises, 1993
- Hazardous Waste Issues in Real Property Transactions (Program: Hazardous Waste and Real Property Transactions), California Continuing Education of the Bar, 1992
- Exploring the Trends: New Developments in Legislation and Court Cases (Program: How to Conduct and Review Real Estate Site Assessments), HAZMACON, 1992
- Hazardous Waste Issues in Real Property Transactions (Program: Minimizing Risks in International Business Transactions), California Continuing Education of the Bar, 1991
- What Every Real Estate Lawyer Needs to Know About: Environmental Due Diligence (Program: Environmental Risks in Real Estate and Business Transactions), Real Property Section - Los Angeles County Bar Association, 1991
- Asbestos Regulation (Program: Fundamentals of California Environmental Law Compliance), Government Institutes, Inc., 1991
- Environmental Issues (Program: Resolving Troubled Real Estate Loans), Infocast, 1991
- Impact of Environmental Laws on the Transaction (Moderator of Panel: Environmental Aspects of Real Estate Transactions), Continuing Legal Education Satellite Network, 1990
- Asbestos Notification and Disclosure Laws (Program: Fundamentals of California Environmental Law Compliance), Government Institutes, Inc., 1990
- Developing Standards for Environmental Due Diligence: An Update From a Legal Perspective, Proceedings of the 6th Annual Hazardous Materials Management Conference West, 1990
- Recent Developments Regarding Hazardous Substance Disclosure Obligations of Lessees, Lessors, and Sellers of Real Property (Co-Author) (Program: Fundamentals of Real Property Practice), California Continuing Education of the Bar, 1989
- Hazardous Waste Issues in Real Property Transactions (Program: Fundamentals of Real Property Practice), California Continuing Education of the Bar, 1989
- Hazardous Waste Issues in Real Property Transactions (Program: The Real Estate Syndicate Disposes of a "Dirty" Property), The Benjamin S. Crocker Symposium / Real Property Section - Los Angeles County Bar Association, 1989
- * UNIVERSITY EXTENSION COURSE MATERIALS *
- Environmental Due Diligence in Real Estate Transactions: Will the Hope for a Level Playing Field be Realized? (Course: Environmental Risks in Real Estate Transactions: Performing Assessments and Avoiding Liability), University Extension Programs in Environmental Management - U.C. Riverside, 1994
- Exploring the Trends: New Developments in Legislation and Court Cases (Course: Environmental Risks in Real Estate Transactions: Performing Assessments and Avoiding Liability), University Extension Programs in Environmental Management - U.C. Riverside, 1994
- What Every Real Estate Lawyer Needs to Know About: Environmental Due Diligence (Course: Environmental Risks in Real Estate and Business Transactions), U.C. San Diego Extension, 1991
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