Jodi Smith is an experienced environmental and land use attorney who represents real estate developers, commercial property owners, manufacturers, energy project developers, and waste management companies.
Jodi's experience includes a broad range of permitting, compliance and enforcement issues, including CERCLA, RCRA, the Clean Air Act, the Clean Water Act, the Toxic Substances Control Act, the California Environmental Quality Act, and others.
She represents developers and other businesses in real estate transactions and corporate mergers and acquisitions involving contaminated property and management of environmental liabilities, including environmental and land use due diligence, drafting and negotiating environmental provisions in purchase and sale agreements, voluntary cleanup agreements, land use covenants, and other strategic agreements, and environmental insurance.
Jodi also represents manufacturing companies in regard to regulatory compliance, supply chain management and claims filed by plaintiffs regarding environmental, consumer product, and work place exposures under product safety laws such as Proposition 65 and the Consumer Products Safety Improvement Act.Representative Experience
- Represents clients at EPA and California Superfund Sites.
- Performed environmental due diligence for numerous real estate and corporate transactions throughout the United States, including acquisition of:
- Hotels: approximately 60 hotels for a publicly-traded REIT;
- Data Centers: approximately 50 data centers;
- Residential development: 800-acre residential development site;
- Manufactured gas plant: an historically contaminated manufactured gas plant.
- Food manufacturer. Represents food manufacturer in air quality permitting, enforcement matters and CEQA matters.
- Multiple Asian companies. Represents multiple Asian companies regarding compliance with EPA and California Air Resources Board regulations regarding construction equipment under Transitional Program for Equipment Manufacturers program.
- Multiple social media corporations. Represented social media corporations in connection with remediation and/or redevelopment of contaminated property for use as corporate campuses and data centers.
- Biomass companies. Represented biomass companies in air quality and hazardous waste enforcement matters.
- Property developer. Counseled development client with regard to Proposition 65 and air quality compliance in connection with development of large-scale residential on serpentinite-containing soils.
- Manufacturing and retail. Counseled and/or defended multiple manufacturing and retail clients in connection with Proposition 65 labeling compliance. Assisted numerous clients in developing corporate compliance plans.
- Retail. Defended retail clients in connection with enforcement actions for the sale of noncompliant products by the South Coast Air Quality Management District.
- Nonprofits. Represented multiple nonprofits in connection with development of affordable housing.
- Oil company. Counseled oil company regarding groundwater compliance at California plants.
- Power plants. Represented multiple clients in preparing Applications for Certification for development or expansion of power plants under California Energy Commission jurisdiction.
- Government. Performed multi-media environmental compliance auditing at multiple National Park Service sites and U.S. Airforce bases.
- Veterinary drug manufacturer. Represented manufacturer of veterinary drugs in assisting EPA and California with investigation and enforcement of illegal manufacture and sale of counterfeit veterinary drugs.
J.D., Vermont Law School, 1998
B.A., University of Texas, 1983
Advisor and past Chair, Environmental Law Section, State Bar of California
Member, Board of Directors, Resources for Community Development
Member, Environmental Law Section, San Francisco Bar Association