For more than 35 years, Morgan has represented companies and property owners in complex environmental regulatory and litigation matters involving industrial and commercial facilities, oil refineries, mining sites, and agricultural chemicals. He also regularly advises clients on Clean Air Act permitting, compliance strategies, and enforcement defense, as well as California's climate regulations, including the Cap-and-Invest Program and Low Carbon Fuel Standard (LCFS) regulations. Morgan has provided long-term counseling to clients regarding four Superfund sites in Silicon Valley, and he has extensive experience with brownfields redevelopment and contaminated property transactions. Morgan has tried cases involving alleged perchloroethylene (PCE), hexavalent chromium, and petroleum contamination, including toxic tort and property damage claims..

Morgan’s experience at the firm includes:

• Advising a global industrial gas company on California Cap-and-Invest and LCFS compliance, including obtaining a determination that refinery fuel gas derived from biogenic sources is exempt from Cap-and-Invest obligations and securing regulatory guidance on “book-and-claim” accounting for hydrogen used in fuel-cell vehicles, as well as counseling on greenhouse gas reporting requirements under California SB 253 and SB 261
• Advising a leading semiconductor manufacturer on the investigation and remediation of multiple Superfund (CERCLA) sites, including negotiating with the U.S. Environmental Protection Agency (EPA) and Regional Water Quality Control Boards on chlorinated solvent contamination, allocation among responsible parties, cost recovery claims, and development of alternative cleanup strategies
• Representing a leading semiconductor equipment manufacturer regarding the acquisition of contaminated property in Silicon Valley, including drafting environmental provisions, releases and indemnities, negotiating access, and obtaining regulatory comfort letters
• Advising clients regarding the law related to climate change, including California’s Cap-and-Invest regulation and Low Carbon Fuel Standard, and state and federal Mandatory Reporting Regulations
• Representing clients in federal and state enforcement actions, litigation and administrative proceedings under the Clean Air Act, CERCLA, EPCRA, the Clean Water Act, and state law
• Providing advice regarding the environmental aspects of real estate transactions, including due diligence, purchase and sale of contaminated properties, and contracting
• Prosecuting and defending citizen suit claims under federal and state environmental law, including RCRA, Clean Water Act, and Proposition 65
• Representing clients in cases involving soil and groundwater contamination, and toxic tort and property damage cases
• Representing clients in federal and state courts and before government agencies, including EPA, Regional Water Quality Control Boards, Air Quality Management Districts, and city and county agencies