Tyler D. Bowlin

Representative Experience

• Environmental Litigation, CERCLA, and Remediation Plus

  • Complex Allocation & Cost Recovery: Represented energy sector clients in multi-party Superfund actions to minimize allocation of liability for historic contamination. Developed technical-legal defenses to scrutinize agency cleanup costs and remedial action plans, significantly reducing financial exposure for responsible parties.

  • Defense of Major Oil Companies in Federal CERCLA Litigation: Served as counsel for a consortium of global oil companies in complex cost-recovery litigation regarding a contaminated site in Southern California. Successfully managed defense strategies concerning the allocation of liability for WWII-era aviation fuel production, challenging government compliance with the National Contingency Plan (NCP) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

  • Legacy Indemnity Enforcement: Executed a strategic tender of responsibility for a midstream energy company regarding a historical crude oil pipeline release discovered decades post-transaction. Leveraged “assumed liability” provisions in legacy purchase and sale agreements to shift remediation burdens to the successor-in-interest.

  • Redevelopment Remediation Disputes: Advised developers and responsible parties on remedial obligations for brownfield sites, including the negotiation of Prospective Purchaser Agreements (PPAs) and the management of vapor intrusion risks at former oil field and industrial properties.

  • CERCLA Section 104(e) Responses: Managed strategic responses to U.S. Environmental Protection Agency (EPA) Information Requests for legacy sites, protecting client privilege while navigating the scope of government inquiries into historical operations.

  • Citizen Suit Defense: Defended aerospace and industrial manufacturers against private “bounty hunter” citizen suits alleging violations of the Clean Water Act (CWA) and the Industrial General Permit (IGP) for stormwater discharges.

• Environmental Enforcement & Regulatory Defense Plus

  • Clean-Up & Abatement Defense: Defended an industrial property owner against a Clean-Up and Abatement Order (CAO) issued by the Los Angeles Regional Water Quality Control Board (LARWQCB). Successfully negotiated technical revisions to remedial design work plans for a site impacted by chlorinated solvents and heavy metals, securing reductions in groundwater monitoring frequency under the Porter-Cologne Water Quality Control Act.

  • Administrative Appeal of RCRA Penalties: Lead counsel for a major refinery in a significant penalty appeal before the Washington Pollution Control Hearings Board (PCHB). Led the defense against the Washington Department of Ecology’s attempt to retroactively reclassify permitted wastewater treatment units as unpermitted hazardous waste impoundments, utilizing complex statutory exemptions to challenge conflicting interpretations of the Clean Water Act (CWA) and the Resource Conservation and Recovery Act (RCRA).

  • Idle Well Management & CalGEM Compliance: Advised independent and major oil and gas operators on compliance with California’s rigorous idle well regulations and testing requirements. Negotiated Idle Well Management Plans (IWMPs) with the California Geologic Energy Management Division (CalGEM) to optimize abandonment schedules and mitigate fees while ensuring compliance with state statutes.

  • Retail Hazardous Waste Defense: Represented a national retailer in multi-state investigations by the EPA, California Department of Toxic Substances Control (DTSC), and district attorneys regarding the classification of unsaleable retail inventory as hazardous waste. Negotiated settlements and overhauled internal compliance programs to manage the intersection of industrial waste standards and retail logistics.

  • Toxic Tort & Proposition 65 Defense: Defended manufacturers and distributors against claims under California’s Proposition 65 (Safe Drinking Water and Toxic Enforcement Act), including matters involving labeling requirements and chemical exposure warnings. Guided clients through the shifting regulatory landscape of “clear and reasonable” warnings to avoid costly penalties.

  • Consumer Protection & Compliance: Defended national commercial clients against California Division of Measurement Standards (DMS) and various county Sealers of Weights and Measures investigations and civil claims regarding product labeling and calibration, and implemented compliance training programs to mitigate future enforcement risks.

• Commercial Litigation & Strategic Counseling Plus

  • National Coordinating Counsel: Managed a nationwide docket of environmental liabilities for a global energy company. Developed standardized defense protocols and oversaw local counsel to ensure consistent, cost-effective resolution of claims across multiple jurisdictions.

  • Maritime Lien Enforcement & Vessel Arrests: Represented global marine fuel suppliers in admiralty actions to recover unpaid bunker debts. Coordinated the seizure (arrest) of vessels in federal court to enforce maritime liens against shipowners and charterers.

  • M&A and Indemnity Litigation: Litigated breaches of representations and warranties arising from the sale of industrial and commercial assets. Defended post-closing disputes regarding undisclosed environmental liabilities and employment claims for acquiring entities.

  • Class Action Defense: Defended energy and industrial clients against putative class actions alleging environmental nuisance, toxic exposure, and property damage among other claims.