Jay Tufano
Partner
Jay Tufano practices out of Ring Bender’s Orange County office and Northern California, specializing in environmental, water, and insurance law, as well as commercial litigation.
Jay’s environmental practice involves counseling and representing clients in litigation and negotiations with regulatory agencies regarding compliance with federal statutes such as CERCLA (i.e. Superfund), RCRA, and related state statutes, including California’s HSAA. He also represents businesses in private cost recovery suits, including groundwater cleanup litigation and actions involving dry cleaners.
On the transactional side, Jay counsels private developers and public entities in matters involving the sale, acquisition, cleanup, and redevelopment of contaminated properties (i.e. “brownfield redevelopment”). His expertise includes evaluating potential regulatory risks and site closure requirements, together with risk-mitigation tools such as environmental insurance. 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.
Representative Matters
- Represented County impacted by Southern California oil spill to recover response costs from the responsible party and in the natural resource restoration process in coordination with natural resource trustees.
- 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 NRDA allocation processes.
- Representing a medical device manufacturer in the investigation and remediation of former manufacturing facility under Regional Water Quality Control Board oversight, including litigation of enforcement orders.
- Representing a landowner in the investigation of soil and groundwater impacts in connection with chrome plating facility, including PFAS and VOCs to position the property for sale.
- Representing a chemical recycling facility in remediating and in litigation of complex groundwater contamination site involving region-wide contamination and multiple responsible parties.
- Advising and Representing County Oversight Board in implementing the redevelopment agency “Dissolution Law” and disbursement of funds.
- Represented a non-profit foundation in completing cleanup action and consummation of land sale transaction; developing risk management strategies; and procuring environmental insurance coverage.
- Represented property owner impacted by migration of chlorinated solvents in RCRA action to obtain funds from responsible party for remediation and agency approval.
- Represented landowner in matter involving the spread of naturally occurring asbestos at construction project; advised on regulatory risk, affirmative claims, water rights, and insurance coverage.
- Represented shopping center owner in prescriptive easement dispute with adjacent landowner.
- Representing Community Services District in bench trial and appeal in dispute with City involving payment responsibilities for $250 million rehabilitation of regional wastewater treatment facility.
- 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
- American Bar Association: Section on Environment, Energy, and Resources – Vice Chair, Regional Reporter (2018-present)
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
- B.A., Vanderbilt University (1997)
- J.D., Santa Clara University School of Law (2012)
Bar Admissions
- California
Court Admissions
- U.S. District Court
- U.S. Ninth Circuit
