Accomplished environmental, insurance coverage, and complex commercial

HANS W. HERB, ESQ.

P.O. Box *** · Santa Rosa, CA 95402 · 707-***-**** · ****@*******.***

California Bar No. 136018 (1988) · Arizona Bar No. 012751 (1989) · Washington Bar No. 19422 (1990)

Ninth Circuit Court of Appeals · All Federal District Courts in California

PROFESSIONAL PROFILE

Accomplished environmental, insurance coverage, and complex commercial litigator with more than 35 years of California bar experience and an unusually broad practice spanning trial and appellate courts at both state and federal levels. Practice concentrations include underground storage tank (UST) law, Clean Water Act, RCRA, stormwater regulation, Proposition 65, and hazardous materials compliance, as well as high-stakes insurance coverage disputes, construction defect and development matters, real estate litigation, and False Claims Act plaintiff and defense (qui tam and enforcement). Served as general counsel to major waste-management enterprises for over 20 years. Licensed in three states with Ninth Circuit and all California federal district court credentials. Former California EPA Registered Environmental Assessor and licensed private investigator. United States Marine Corps veteran.

EXPERIENCE

Law Offices of Hans W. Herb Santa Rosa, California

Principal — Complex Commercial Litigator & Counselor 1990 – Present

Operate and manage a statewide law practice with a primary focus on environmental regulatory law — underground storage tank compliance and enforcement, Clean Water Act, RCRA, stormwater, and analogous state environmental statutes.

Represent clients in complex insurance coverage disputes, real estate transactions and litigation, construction defect matters, and Proposition 65 compliance.

Provide contract general counsel services to corporations, LLCs, and family businesses across a range of industries, including waste management, real estate development, and construction.

Practice before federal and state trial courts, the Ninth Circuit Court of Appeals, the California Courts of Appeal, and numerous state and federal administrative agencies, including DTSC, RWQCB, and the State Water Resources Control Board.

Supervise and mentor associate attorneys and legal support staff.

Pacific Sanitation / M&M Services, Inc. Windsor, California

General Counsel / In-House Attorney 2000 – 2023 (concurrent with solo practice)

Served as general counsel to a mid-sized solid and liquid waste company for more than 20 years, managing the full spectrum of legal and regulatory matters.

Led and coordinated government and regulatory affairs, including permit compliance, enforcement defense, and legislative interaction at local, state, and federal levels.

Structured and executed mergers and acquisitions in the waste management industry; conducted due diligence and negotiated transaction documents.

Developed internal compliance programs and policies; supervised and managed a panel of outside counsel across multiple practice areas.

Rivkin Radler Santa Rosa, California

Associate 1989 – 1990

Performed coverage analysis of complex environmental insurance claims for a major New York-based national law firm.

Drafted motions, coverage opinions, and legal memoranda.

Zelle & Larson San Francisco, California

Litigation Associate / Law Clerk 1986 – 1989

Managed and litigated complex multi-party insurance coverage and subrogation disputes for a Minneapolis-based national law firm.

Drafted motions and appellate briefs; appeared in federal and state trial and appellate courts throughout California.

Hon. Lucy Kelly McCabe, San Francisco Superior Court San Francisco, California

Judicial Law Clerk

Researched and prepared analyses of law and motion matters for a busy Superior Court judge.

Briefed multiple Superior Court judges on complex legal issues.

Foley & Lardner Orlando, Florida

Summer Law Clerk

Performed legal research for one of the nation's largest general civil practice law firms.

San Francisco Police Commission San Francisco, California

Legal Intern

Investigated cases of police misconduct for the civilian oversight commission.

Universal Ventures, Inc. & Northwest Security Services Havre, Montana

Owner / General Manager

Owned and managed full operations of two companies across two states, including personnel, regulatory compliance, and business development.

United States Marine Corps Various Locations

Sergeant (E-5) 1973–1979 / 1983–1985

Communications specialist; earned three meritorious promotions.

Honorably served in two separate enlistments.

EDUCATION

UC Hastings College of the Law (now UC College of the Law San Francisco) San Francisco, California

J.D., 1988

Note/Technical/Symposium Editor, The Hastings Journal of Communications and Entertainment Law (COMM/ENT). Completed first year in top 15% of class.

Golden Gate University San Francisco, California

B.A., Administration of Justice — Summa Cum Laude

Recipient of The Chief William Cann Memorial Award for outstanding graduate in Administration of Justice.

Normandale Community College Bloomington, Minnesota

A.A., Administration of Justice — with High Honors

Recipient of President's Award for 4.0 GPA. Internship with Computer Crime Subcommittee.

SELECTED PUBLICATIONS & PUBLISHED DECISIONS

Publications:

"Recent Legislation Marks 'New Deal' for Underground Fuel Tank Owners," San Francisco Daily Journal (Daily Journal Corp.), December 1996.

"Understanding Environmental Liability," The Business Journal (Sloan Publications), December 1996.

"Successfully Choosing and Using Environmental Consultants," The Business Journal (Sloan Publications), December 1994.

"Corporate Criminal Liability for Environmental Transgressions," The Business Journal (Sloan Publications), September 1992.

"Dealing With the Cleanup of Contaminated Property," The Business Journal (Sloan Publications), September 1991.

"The Insurer's Duty to Provide Independent Counsel Under California's 'Cumis' Statute," 16 W. St. U.L. Rev. 603 (1989).

Published Decisions:

Etchell v. Royal Ins. Co., 165 F.R.D. 523 (1996).

Chevron U.S.A., Inc. v. Superior Court (DiSalvo Trucking Co.), 44 Cal.App.4th 1009 [54 Cal.Rptr.2d 324] (1994).

Grange Debris Box and Wrecking Co., Inc. v. Superior Court (City of San Rafael), 16 Cal.App.4th 1349 [20 Cal.Rptr.2d 515] (1993).

Northrop Corp. v. American Motorists Ins. Co., 220 Cal.App.3d 1553 [270 Cal.Rptr. 233] (1990).

LICENSES, CREDENTIALS & AFFILIATIONS

Former California EPA Registered Environmental Assessor No. 06175 (1995)

California Licensed Private Investigator No. 16203 (1983–Present)

FAA Licensed Pilot — Single Engine Land (SEL), 1980

Co-Founder, Environmental Resource Council (ERC)

Santa Rosa Salvation Army Corps Advisory Board

Active member of several national, state, and local bar associations

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