About Summer L. Nastich

  • Bio

    Summer L. Nastich is a litigator, counselor, scientist, engineer, and arbitrator specializing in environmental, construction, and land use law, including any necessary litigation. Summer has a life-long passion for learning and problem solving. She received three undergraduate degrees (Oceanography, Biology, and Zoology), then a J.D. cum laude, and then Master’s degree in Environmental Engineering. Although at this point she clearly needed to stop going to school and go get a job, her thirst for gaining and applying knowledge never ebbed. And it led her to an exciting law practice that incorporates all of her book learning, the knowledge she gained working as an environmental consultant, and the knowledge and experience she’s assimilated over more than a decade of practicing law. Now Summer brings all of this knowledge and experience to bear to solve her clients’ challenges.

    Summer speaks Legalese, Geek, Science, Construction, and Normal Person. Her interactions with technicians, experts, courts, clients, and adversaries are seamless, as she literally speaks all of their languages. Her education and experience also allow her to quickly synthesize technical issues and analyze data and information to unearth solutions to each client’s unique needs.

    When she’s not working, Summer reads voraciously, takes wilderness survival classes, lifts and carries heavy stuff, trains in self-defense, goes mushroom hunting (don’t worry, she goes with experts, though she’s happy to pass along what she knows about why it’s actually really hard to hurt yourself with mushrooms), eats too much, pranks her kids, and listens to podcasts while wandering through the woods. Summer revels in life and will always push herself to learn, improve, and grow.

  • Education

    University of California, Berkeley
    Masters in Environmental Engineering, December 2004.

    Boston University School of Law
    Juris Doctor, Cum Laude, May 2003.
    Honors: Edward F. Hennessy Scholar (2003); Paul J. Liacos Scholar (2002); 2002-2003 Esdaile Moot Court Director

    Humboldt State University
    Bachelor of Science degrees; Oceanography, Biology, and Zoology, all awarded May 1998.
    Honors: Phi Kappa Phi Academic Honor Society, Presidential Scholar (4-semesters), Recognition of Achievement from Speech Communication Department.

    University of Guam (Spring 1994 on exchange).
    Honors: Academic Honor Roll.

  • Bar Memberships

    Admitted to practice in all California state courts and the United States District Courts for the Northern, Eastern, and Central Districts of California.

  • Legal Work Experience

    Partner, Morris Polich & Purdy LLP, San Francisco, CA (July 2014–July 2016)
    Attorney, SmithTrager P.C. (formerly Smith & Rendon, LLP) San Francisco/Berkeley, CA (February 2007–July 2014)

    Engage in all aspects of legal practice focused on environmental and heavy industrial/commercial construction projects, hazardous substance remediation and removal projects, environmental law and regulation compliance, release reporting, and pollution-related disputes. Advise, counsel and litigate issues involving state and federal governmental statutes, including, as examples, the federal Comprehensive Environmental Response Compensation and Liability Act (CERCLA, aka “Superfund”), The Resource Conservation and Recovery Act (RCRA), The California Environmental Quality Act (CEQA), The California Hazardous Substance Account Act (HSAA), The Clean Water Act (CWA), and in trespass and nuisance. Assist with and advise and counsel on the development of documents required by the environmental laws including, but not limited to, initial studies, feasibility studies, Environmental Impact Reports (EIRs), Heath Risk Assessments (HRAs), and Mitigated Negative Declarations (MNDs). Represent clients before state and federal regulatory agencies with respect to contamination, including work at both state and federal “Superfund” sites and smaller regulator cleanups. Advise and counsel clients regarding heavy industrial and commercial construction contracts, assist with contract negotiations, and litigate construction-related disputes. Perfect and enforce (or defend) mechanics’ liens. Manage and engage in all aspects of litigation practice including drafting Complaints and responsive pleadings, law and motion, fact and expert discovery, pre-trial conferences, settlement negotiations, trial preparation, mediation, and trial.

    Associate Attorney, Walsworth, Franklin, Bevins & McCall, LLP, San Francisco, CA (May 2005–January 2007)
    Practiced civil litigation primarily focused on product defect cases in state court. Conducted fact and expert discovery including extensive deposition practice. Performed legal research, prepared legal memoranda for clients and other attorneys, drafted correspondence to clients, opposing counsel, and insurance carriers, and engaged in law and motion practice.

    Summer Associate, Sugarman, Rogers, Barshak & Cohen, P.C., Boston, MA (Summer 2002)
    Researched, drafted, and edited interoffice memoranda and points and authorities in support of and in opposition to various motions.

  • Scientific Work Experience

    Intern, Engineers for a Sustainable World, Baja Sur, Mexico, Summer 2003.

    Client Services Representative, Bench Technician, and Field Sampling Technician, Chevron Environmental Laboratory, Richmond, California, 1999–2000.

    Environmental Consultant, MEC Analytical Systems, Inc., Tiburon, California, 1997–1999.

    Member, Clean Pacific Oil Spill Rapid Response Team, Eureka, California, 1996–1997 (responded to the 1997 Humboldt Bay Oil Spill).

    Field Sampling Technician, Pacific Gas and Electric Company, Eureka, California, 1995–1997.

    Research Assistant for Dr. Valerie Paul, University of Guam Marine Laboratory, Mangilao, Guam, 1995.

  • Publications

    California Civil Practice: Environmental Law and Litigation: Chapter 3, Superfund Litigation; Chapter 4, Proposition 65 Litigation; Chapter 6, Citizen Suits; Chapter 10, Bankruptcy Issues; Chapter 11, Environmental Terms, Thompson Reuters/West.

    New EPA Rule on Hazardous Pharma Waste: Overview on EPA’s new rule for management of hazardous pharmaceutical wastes at healthcare facilities, including how individuals can help eliminate pharmaceuticals in the environment, Alameda County Bar Association Environmental Law Executive Committee Newsletter, January 2017.

    Supreme Court Confirms Immediate Judicial Review of Approved Jurisdictional Wetland Delineations, Morris Polich & Purdy LLP Environmental Law Newsletter, June 2016.

    Ninth Circuit Issues Wild Romp Through Esoteric But Key Aspect of CERCLA in Whittaker Corp. v. United States (2016 WL 3244838), Morris Polich & Purdy LLP Environmental Law Newsletter, June 2016.

    California Supreme Court Tells California State University Board of Trustees, “No, You Can’t Just Make Other Public Entities Pay For Your Stuff,” Morris Polich & Purdy LLP Environmental Law Newsletter, March 2016.

    Your Expert is Your Case: Choose Wisely, or Don’t Bother (The Cautionary Tale of Department of Toxic Substances Control v. Technichem, Inc.), Morris Polich & Purdy LLP Environmental Law Newsletter, March 2016.

    Summary Judgment for a CERCLA Contribution Defendant—is it Appropriate Action When Their Share of Liability is 0%? Morris Polich & Purdy LLP Environmental Law Newsletter, February 2016.

    Louisiana District Court Lets One of the Deepwater Horizon Parties Off Easy With a Penalty of $159,000,000, Morris Polich & Purdy LLP Environmental Law Newsletter, February 2016.

    Ninth Circuit Requires EPA to Apply Scientific Studies Supporting Its Actions in Regulating Honeybee Pesticide, Morris Polich & Purdy LLP Environmental Law Newsletter, December 2015.

    Goldfarb v. Mayor and City Council of Baltimore Offers Guidance for RCRA Citizen Suits, Morris Polich & Purdy LLP Environmental Law Newsletter, August 2015.

    Allegations of a Discharge to Navigable Water Plus Allegations of an Injury Equals a Possible Clean Water Act Citizen Suit, Morris Polich & Purdy LLP Environmental Law Newsletter, July 2015.

    In the Service of Kings, Court Pulls Some of CEQA’s Teeth, Morris Polich & Purdy LLP Environmental Law Newsletter, June 2015.

    Is It or Is It Not a Water of the United States? A Complex Issue that Both Provides for Federal Jurisdiction and Bars Such a Jurisdiction Claim, Morris Polich & Purdy LLP Environmental Law Newsletter, April 2015.

    Little Hocking Water Association, Inc. v. E.I. Du Ponte de Nemours and Company Determines Some Issues Where the Resource Conservation and Recovery Act, the Clean Water Act, and the and the Clean Air Act Meet in a Way That May Make it Easier for Plaintiffs to Prevail on Certain Claims, Morris Polich & Purdy LLP Environmental Law Newsletter, April 2015.

    Touch a Hazardous Substance, Worry About CERCLA Liability, Morris Polich & Purdy LLP Environmental Law Newsletter, February 2015
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    Paulek v. California Department of Water Resources — Cal.Rptr.2d —- 2014 WL 5499844 Challenges to EIRs Are Easy to Make, But Hard to Win, Morris Polich & Purdy LLP Environmental Law Newsletter, January 2015.

    Utah District Court Finds Prairie Dogs Stand in the Way of Progress, OKs Obliterating Them, Morris Polich & Purdy LLP Environmental Law Newsletter, January 2015.

    Court Wrestles with Issues of Causation and the Associated Burden of Proof in Two-Site CERCLA Actions in Asarco LLC v. Cemex, Inc. — F.Supp.2d (W.D. Tex. 2014) WL 2112121, Morris Polich & Purdy LLP Environmental Law Newsletter, November 2014.

    A California Court Finds That Payments for an Attorney’s Time Are Not ‘Attorney Fees’ but ‘Costs and Expenses’, Morris Polich & Purdy LLP Environmental Law Newsletter, November 2014.

    Ninth Circuit Issues a Head-Shaker in a Clean Air Act Permitting Case Supporting EPA’s Failures, Morris Polich & Purdy LLP Environmental Law Newsletter, October 2014.

    Fifth Circuit Rules for Texas Commission on Environmental Quality in Whooping Cranes Matter, Morris, Polich & Purdy LLP Environmental Law Newsletter, September 2014.

    ASARCO Decisions Offer Lessons for the Environmental Practitioner, Morris Polich & Purdy LLP Environmental Law Newsletter, September 2014.

    Children are Like Diamonds: Forever. Only, More Expensive, Alameda County Bar Association Newsletter, May 17, 2013.

    Indemnity Provisions for Environmental Liability: The Devil is in the Contractual Details, ABA Environmental Transactions and Brownfields Newsletter (2013) (with Diane R. Smith).

    Minimizing the Risk Buying or Leasing “Environmentally Challenged” Property: New Developments, Orange County Lawyer Magazine, May 2013 (with Diane R. Smith).

    There’s Got To Be A Better Way: Satisfying the Public Participation Requirements of the NCP in the Internet Age, ABA Environmental Transactions and Brownfields Newsletter, Volume 13, Issue 1, page 15 (January 2011) (with Diane R. Smith and Maxy Rush Otuteye).

    Can You Trust A Trust? The Potential CERCLA Liability of Trustee and Beneficiaries, 23 J. ENVTL. LAW & LITIG, 401 (2008) (with Diane R. Smith).

    And You Thought It Was Safe To Get Back In The Real Estate Market! Cooper v. Aviall, Orange County Lawyer Magazine, May 2005 (with Diane R. Smith).

    Questioning The Marriage Assumptions: The Justifications For “Opposite-sex Only” Marriage As Support For The Abolition Of Marriage, 21 L. & INEQ. J. 115 (Winter, 2003).

    • Speaking Engagements

      Introduction to Environmental Law:  Avoid the Boom, Alameda County Bar Association, February 2017.

      CERCLA Actions and Statute of Limitations: Navigating the Circuit Split, Lessons From Recent Decisions, Stafford Webinars, February 2017.

      EHS on Tap E07: Navigating the Proposed Pharmaceutical Rule (podcast), Released August 31, 2016 (available for download on iTunes and Stormcloud).

      Risks and Opportunities For Fiduciaries Under the Environmental Laws, Professional Fiduciary Association of California (PFAC), annual conference, June 2016 and April 2015, similar presentations given to the San Mateo, Sonoma, and Silicon Valley PFAC Chapters at various times in 2015 and 2016.

      Litigating under the Environmental Laws, as guest speaker in the Real Estate Litigation Seminar at the University of San Francisco School of Law, March 2016 and 2017.

      Biennial Reporting Deadline Approaching: How to Comply With Your Requirements Under The Resource Conservation and Recovery Act, BLR Seminar, October 2015.

      Rehabilitating Contaminated Sources, part of the Finding New Water seminar, Law Seminars International, October 2015.

      Water Rights Law and Water Quality Laws, HalfMoon Education Seminars, August 2015.

      A Primer on the Law of Health Care Waste Disposal, Orange County Bar Health Care Section, November 2014.

      Contracting Basics, guest speaker at the American Academy of Art, July 2014.

    • Professional Involvement, Fund-raising, Giving Back

      Arbitrator for the California State Bar Association Mandatory Fee Arbitration Program (pro bono), since 2015.

      Co-Chair (2016-current), Vice Chair (2015–2016), Member (2014–2016), Alameda County Bar Environmental Law Executive Committee.

      Role player, LaMOrinda Police and Emergency Medical Services active shooter response training (2014 and 2016).

      Barbells for Boobs fund-raising participant, 2015.  (Barbells for Boobs is a not-for profit organization that seeks to “remove the factors of age, gender, income, and insurance status and focus on the early detection of breast cancer.”  https://www.barbellsforboobs.org/.)

      St. Baldrick’s Foundation Shave-a-Thon fund-raising participant and member of GORUCK NorCal’s St. Baldrick’s team, 2014 and 2017.  (“The St. Baldrick’s Foundation is a volunteer-powered charity committed to funding the most promising research to find cures for childhood cancers and give survivors long, healthy lives.”  http://www.stbaldricks.org/. GORUCK is a for-profit company that makes and sells phenomenal backpacks (rucks), in addition to other stuff, and aims to bridge the gap between the military and civilian populations. GORUCK seeks to “promote and empower stronger local leaders, stronger communities, better veteran transitions into the civilian world, and active lifestyles…”  www.goruck.com.)

      Pro bono work through the Volunteer Legal Services Corporation (the pro bono arm of the Alameda County Bar Association); Wiley E. Manual Certificate recipient (for the provision of pro bono legal services to indigent clients) 2010, 2011, 2012, 2013, and 2014.

      Trustee, The Berkeley School Board of Trustees, 2011 to 2014. (The Berkeley School is a progressive, independent private school in Berkeley, California who’s mission is to “ignite curious minds, awaken generous hearts, and engage a changing world.” http://www.theberkeleyschool.org/)