Jay Tufano
Partner
As a member of Ring Bender’s environmental practice, Jay Tufano represents clients in matters involving contaminated soil, water, and sediment. His practice includes overseeing site investigations and cleanups; litigation involving federal environmental statutes such as CERCLA (i.e., Superfund), and related state statutes such as California’s HSAA and Washington’s MTCA; and cleanup cost recovery actions arising from oil spills, industrial releases, dry cleaning operations, and the like.
Jay is also a proponent of brownfield cleanups and regularly advises clients involved in the sale, acquisition, and redevelopment of contaminated properties. His expertise in this arena includes risk/benefit analyses and strategy, evaluating risk-mitigation tools such as environmental insurance, contract negotiation, and drafting transactional documents. With years of experience in environmental mitigation design, construction, and implementation, Jay offers a valuable technical perspective when collaborating with clients to reach their goals.
Jay’s practice also includes several tangential practice areas including business litigation, regulatory compliance, land use and housing, carbon dioxide emissions reporting (and administrative appeals), PFAS/PFOA compliance, and land use law.
Representative Matters
- Successfully challenged a groundwater investigation enforcement order from the California Regional Water Quality Control Board against a medical device manufacturer in connection with a “legacy site” previously used for manufacturing; site investigation remains ongoing.
- Obtained full cost recovery from the Responsible Party on behalf of a Southern California County impacted by major offshore oil spill; representation of the County is ongoing in the natural resource restoration process in coordination with natural resource trustees.
- Obtained significant cost recovery from Responsible Party and settlement in an action involving an oil spill from an abandoned pipeline; representation as to ancillary parties is ongoing.
- Represented a non-profit foundation in completing cleanup action and consummation of a land sale transaction at a legacy site and successfully procured broad environmental insurance coverage to mitigate residual liabilities.
- Representing a former ship repair contractor for U.S. Navy in negotiations with EPA and other potentially responsible parties at the Portland Harbor Superfund Site, in both the response-cost allocation and Natural Resources Damages Assessment (NRDA) allocation processes.
- Represented an industrial gas producer in the State of Washington in an appeal proceeding challenging carbon emission allowances in compliance with the Climate Commitment Act.
- Obtained cost recovery on behalf of a property owner impacted by migration of chlorinated solvents from an adjacent dry cleaner in a Resource Conservation and Recovery Act (RCRA) action to fund cleanup activities.
- Representing a landowner in the investigation of soil and groundwater impacts in connection with a chrome plating facility, including per-and polyfluoroalkyl substances (PFAS) and Volatile Organic Compounds (VOCs) to position the property for sale.
- Represented a chemical recycling facility in remediating and litigating a complex groundwater contamination site involving region-wide contamination and multiple responsible parties.
- Represented landowner/lessor in Model Toxics Control Act (Washington) cleanup action and lawsuit involving soil contamination from retail fuel operations and underground storage tanks (USTs).
Professional Affiliations
- King County Bar Association: Environmental and Land Use Section – Vice Chairman (2024)
- American Bar Association: Section on Environment, Energy, and Resources – Vice Chair, Regional Reporter (2018-2023)
Presentations
- New Developments in California Environmental Law, Santa Cruz County Bar Association (2024)
- Seminar Panelist, “Is it Really Still Possible to Close Environmental Cases in California” (2023)
- Speaker, Batelle International Conference on the Remediation and Management of Contaminated Sediments: “Sediment Sites – Navigating the Liability and Site Closure Gauntlet” (2023)
- Brownfield Braintrust Podcast: California State Water Resources Control Board Resolution 92-49 (2023)
- Recent Developments in California Environmental Law, Santa Cruz County Bar Association (2021)
- Environmental Cleanups and Risk Mitigation through Environmental Site Pollution Policies March Professional Environmental Management Association (PEMA) (2021)
- Liability under CERCLA and Oregon Superfund Statute, Environmental Law Education Center Superfund Conference (2019) (Co-Author)
- Vapor Intrusion – Bases for Legal Liability and Defenses, RemTEC Remediation Technology Summit (2017)
Publications
- Environment, Energy, and Resources Law: The Year in Review 2023, Chapter Y – Constitutional Law, published by the Section of Environment, Energy and Resources Section of the American Bar Association, 2024.
- Linkedin Industry Update: “Land Transactions Involving Contaminated Property, As-is Provision Does not Entitle A Seller to Indemnity” (2023)
- Chapter contributor, California Environmental Law & Land Use Practice, Chapters 50 and 56 (Daniel P. Selmi & Kenneth A. Manaster) (2016, 2017)
- Forests & Climate Change Policy: An Analysis of Three REDD-Plus Design Options, CARBON & CLIMATE L. REV. 443 (2012)
Education
- J.D., Santa Clara University School of Law
- B.A., Vanderbilt University, cum laude
Bar Admissions
- California
Court Admissions
- U.S. District Court
- U.S. Ninth Circuit
