Donald Clary is a partner in the Public Policy and Regulation Practice Group of the Los Angeles Office of Holland and Knight. He is a member of the Energy, Environment, and Water Practice Teams.
Environmental Experience: He has handled a wide range of federal, state and local environmental and land use matters. His practice has included transactional and litigated matters arising under the Federal Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA), the Federal Resource Conservation and Recovery Act (RCRA), the Federal and California Clean Air Acts, the Federal Clean Water Act, the Porter-Cologne Water Quality Control Act, the California Safe Drinking Water and Toxic Enforcement Act, the California Environmental Quality Act, and the Endangered Species Acts. These cases have included cost recovery actions for environmental cleanup expenses, Superfund and related cost contribution cases, environmental insurance issues, and underground storage tank matters. Mr. Clary has extensive experience with environmental permitting and compliance matters. His experience includes the obtaining of air emission and water discharge permits, and he has substantial experience representing clients in compliance actions (such as notice of violation proceedings) that have arisen out of such Permits.
Mr. Clary has extensive experience in transactions involving the acquisition and sale of corporations and real properties in situations where the past handling of hazardous materials present substantial issues. He has successfully negotiated agreements between buyers and sellers and governmental agencies relating to these issues, and represents clients in the obtaining of insurance coverage for such transactions. In addition to these matters, Mr. Clary has particular experience in the siting of facilities and related environmental evaluations.
Utility and Energy Experience: Prior to joining Holland and Knight, LLP, Mr. Clary was an attorney with the Southern California Edison Law Department for ten years and also served as the Assistant General Counsel of Luz International Ltd., a major independent power production company. While at Edison, Mr. Clary was responsible for the negotiation of significant inter-utility power sale and transmission service contracts, as well as the renegotiation and settlement of significant disputes with the Company’s major resale customers. Mr. Clary also negotiated agreements for such important power projects as Hoover Dam, San Onofre Nuclear Generating Station, and the Palo Verde Nuclear Generating Station. Mr. Clary’s responsibilities also included licensing, permitting, procurement, construction, and operation of such power facilities. While at Edison, Mr. Clary was also responsible for the negotiation of power purchase and transmission service agreements with major renewable energy projects. In addition, Mr. Clary regularly participated in Edison’s legislative review process. Mr. Clary represented Southern California Edison in major hearings before the California Public Utilities Commission (CPUC) and the Federal Energy Regulatory Commission (FERC). This representation included the Company’s CPUC and FERC general rate proceedings, other rate proceedings, PUC investigative hearings, and complaint proceedings. Mr. Clary also represented Edison in administrative workshops and rulemaking proceedings. Mr. Clary was responsible for all phases of these proceedings, including discovery, drafting of testimony, pre-hearing matters, witness preparation, hearings, and administrative appeals.
Mr. Clary served as Assistant General Counsel for Luz International Ltd. Mr. Clary represented the company on all power and transmission contract matters, as well as in all administrative hearings before the PUC and California Energy Commission.
Mr. Clary has served as an instructor of Business Law at the U.C.L.A. Anderson Graduate School of Management and has written many articles and lectured extensively.