gary a. lucks jD, CPEA

Principal Environmental Counsel and Scientist

education

University of Pacific, McGeorge School of Law

J.D., 1985

Tulane University

B.S., Biology and Environmental Sciences, 1982

registration

  • California State Bar, 1985
  • California Environmental Assessor, 1998
  • Certified Professional Environmental Auditor, 2006

skills and experience

Mr. Lucks is a principal environmental attorney and scientist with over 20 years of regulatory compliance and sustainability experience. He advises clients on pollution prevention and sustainability strategies after exploring the multimedia regulatory compliance implications of these approaches. He also provides legal review and analysis for a variety of laws and regulations affecting the environmental permitting process and environmental auditing compliance.

Mr. Lucks is also a co-founder of the Sustainable Earth Initiative, a non-profit specializing in EMS and dedicated to helping public agencies improve their environmental performance.

Mr. Lucks' primary areas of expertise include statutory, regulatory, case law, and legislative research and analysis involving: compliance with air quality, solid and hazardous waste management laws; environmental permitting and audits of industrial facilities; compliance with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA); and environmental property assessments associated with property transfers. Mr. Lucks' relevant experience includes involvement in the following projects.

Environmental Audits:

Mr . Lucks has led or participated in more than 150 major multimedia environmental health and safety compliance and management systems audits to assess internal compliance with environmental standards. The compliance audits included evaluation of compliance with California and federal rules governing hazardous waste management (under RCRA), hazardous materials, air quality, water quality, and other toxics requirements. He has managed or participated in on-site facility audits for oil refineries, semiconductor manufacturers, furniture manufacturers, breweries, industrial ceramics and novelty manufacturers, electronics manufacturers, aerospace manufacturers and maintenance facilities, a food packing facility, beverage distributing facilities, smelting operations, Department of Defense Army bases, Air Force bases (using ECAMP), the National Aeronautics and Space Administration (NASA), the Federal Aviation Administration, the National Parks System, and the Los Angeles Unified School District.

Environmental Management Systems:

  • Mr. Lucks developed over a dozen environmental management systems (EMS) for several United States Air Force installations and remote sites.
  • Mr. Lucks participated in an integrated health, safety, and environmental management system gap analysis for the Lawrence Berkeley National Laboratories.

Mr. Lucks lead a study evaluating the feasibility of implementing EMS and integrated environmental, health and safety management systems in public school districts for the Los Angeles Unified School District and the United States Environmental Protection Agency.

Corporate Social Responsibility (CSR):

Mr. Lucks completed a comprehensive analysis comparing the respective advantages and criteria for obtaining international certificates governing enhanced performance in environmental, labor, and human rights for Hewlett Packard. Mr. Lucks also served on a panel for the Environmental Audit Roundtable where he presented on the comparative benefits of the CSR standards.

Environmental Permitting and Compliance:

Mr. Lucks has managed a number of air quality permitting, auditing, and regulatory analyses projects as follows:

  • Led the environmental impact analysis for hazardous waste RCRA Subpart X permit for open burn/open detonation of spent munitions for the Naval Air Weapons Station in China Lake, California.
  • Led the critical path multimedia permitting strategy for several power plant and incineration projects over 50 megawatts capacity for Ogden Environmental, Texaco, Calpine, and Mitsubishi.
  • South Coast Air Quality Management District (SCAQMD) Audit manual: Mr. Lucks drafted the air quality protocol for a series of environmental compliance audits used to evaluate compliance in the South Coast District as well as other districts in California pursuant to the Air Force ECAMP program.
  • Authored Air Quality Chapter for the Complete Guide to Hazardous Materials Enforcement and Liability (California District Attorneys Association) in the fall of 1999.
  • Drafted a CEQA analysis submitted to the SCAQMD which evaluated the impacts of air toxics as a result of proposed rule 1401.
  • Managed preparation of authority to construct (ATC) permit and permit to operate (PTO) applications for 23 inline printing presses, five glue-seal paper cup machines, and a flexographic printing press for a paper cup manufacturer in the San Joaquin Valley Air Quality Management District. The application provided for Best Available Retrofit Control Technology (BARCT) for existing operations, Best Available Control Technology (BACT) for new operations, and air emission offset credits from a community bank.
  • Completed historical case law analysis of appellate court decisions interpreting the following aspects of the Clean Air Act for a confidential client: New Source Review (NSR) definitions of "major modification", Reasonably Available Control Technology (RACT), volatile organic compounds (VOC) baseline, and Stationary Source Prevention of Significant Deterioration (PSD) "potential to emit' and "net emissions increase" (NEI) definitions.
  • Prepared regulatory analyses to determine air quality and hazardous waste management permitting requirements including a chemical manufacturer, several cogeneration power plants, and an oil pipeline and pumping station in California.
  • Performed an air quality study for the Arizona Department of Environmental Quality evaluating the implications of establishing a plant-wide definition of "source" for the purpose of permitting new or modified sources in nonattainment areas and under the Prevention of Significant Deterioration (PSD) program. The analysis additionally identified other regulatory approaches which in establishing a plant-wide definition for source would compensate for a relaxation in the permitting requirements.
  • Completed an analysis for a major, confidential aerospace manufacturer of the implications of the 1990 Clean Air Act Amendments to manufacturing a new line of airplanes.
  • Led the regulatory compliance analysis of a Title V Operating Permit application for Davis Monthan Air Force Base, Arizona.
  • Led the permit acquisition effort to obtain five Alcohol Fuel Producer's permits for Shell/Texaco and Shore Terminals. The permits allowed for denaturing of alcohol with ethanol at fuel terminals. According to the issuing agency, the permits for the Shell/Texaco project were issued more quickly than any other application.
  • Prepared a permit application for a phytoremediation and spray evaporation project for the Geothermal Inc. Landfill in the Lake County Air Pollution Control District.
  • Prepared Spill Prevention Control and Countermeasure Control (SPCC) plans for Shore terminals and the Port of Oakland

Legislative Tracking:

Mr. Lucks serves on the California State Bar Environmental Legislation Committee where he tracks and analyzes environmental legislation. He has published an environmental newsletter and lectured on California environmental legislation for the past 14 years. Served on the California State Bar Legislation Committee and Executive Committee since 1995.

EH&S Training:

For the past 14 years, Mr. Lucks has taught a number of EH&S training courses at the University of California Berkeley, Davis, Santa Cruz, and Riverside campuses and for private industry as follows:

  • Environmental Regulatory Framework (multi­media environmental courses on hazardous waste, air quality, and water quality) at the University of California Berkeley and Davis campuses, Phillips Petroleum)
  • Overview of Environmental Laws & Regulations at the University of California Berkeley and Davis campuses, United States Air Force, East Bay Municipal Utility District (EBMUD) Golden Gate Paints Association)
  • Hazardous Waste Refresher & Initial Training ( University of California Davis and Berkeley, University of San Francisco Lawrence Livermore National Laboratories, United States Air Force
  • Air Quality Regulatory Framework ( University of California Berkeley and Davis campuses, University of San Francisco United States Air Force)
  • Site Assessment and Remediation ( University of California Davis)
  • Superfund, Brownfields, RCRA Corrective Action Remediation ( University of California Davis)
  • Storm water (United States Air Force)
  • Water Quality (United States Air Force)
  • Sustainability ( University of California Davis, Berkeley and the United States State Department)
  • Environmental Auditing & Compliance: United States Air Force, the Los Angeles Unified School District, and Hastings School of Law
  • Environmental Legislative & Regulatory Updates: (University of California Davis, Riverside, Santa Cruz campuses, Pacific Gas & Electric (PG&E), EBMUD
  • The Hastings School of Law and Tulane Law School (guest lecturing)

Pollution Prevention

Mr. Lucks has managed preparation of several solid waste management plans for the United States Navy. These plans characterized volumes of waste generated and developed pollution prevention strategies for reducing wastes generated and to improve recycling and composting.

Publications

  • "2006 Environmental Legislative Recap: Election Year Bonanza" California Environmental Law Reporter January 2007. Matthew Bender Publisher
  • "Chapter 84: Environmental Compliance Auditing in California" California Environmental Law and Land Use Practice . Matthew Bender Publisher
  • "Special Report: New Legislation Parts I and II" California Environmental Insider October 2006
  • "2005 Environmental Legislative Recap: Special Election Fallout" California Environmental Law Reporter February 2006. Matthew Bender Publisher
  • "2005 California Environmental Year in Review" EnviroSource January 2005. STP Publisher
  • "2005 Environmental Legislative Forecast: Heavy Lifting on Shaky Ground" California Environmental Law Reporter January 2005. Matthew Bender Publisher
  • "2004 Environmental Legislative Recap-A Lightweight Year" California Environmental Law Reporter December 2004. Matthew Bender Publisher
  • "2004 California Environmental Year in Review" February 2005. Specialty Technical Publishers
  • "2004 Environmental Legislative Forecast-Policy-making in the Wake of an Abrupt Transition" California Environmental Law Reporter May 2004. Matthew Bender Publisher
  • "An Early Lame Duck Session Comes to a Close-the 2004 Legislative Recap" California Environmental Law Reporter December 2003. Matthew Bender Publisher
  • "The 2003 Environmental Legislative Forecast: A Fiscal Fiasco," California Environmental Law Reporter April 2003. Matthew Bender Publisher
  • "Legislative Recap-Election Year Restraint," California Environmental Law Reporter December 2002. Matthew Bender Publisher
  • "2002 California Environmental Year in Review February 2003." Specialty Technical Publishers
  • "2002 Environmental Legislation Forecast-Doing More with Less" California Environmental Law Reporter April 2002. Matthew Bender Publisher
  • " California's Toxic Mold Legislation" California Environmental Law and Land Use Practice treatise (June 2002)
  • "Toxic Mold" California Environmental Law Reporter September 2002. Matthew Bender Publisher
  • "The 2001 Environmental Legislative Forecast: An Energy Obsession," California Environmental Law Reporter April 2001. Matthew Bender Publisher
  • "2001 Environmental Legislative Year in Review" February 2001. Specialty Technical Publishers
  • "The 2000 Environmental Legislative Forecast: Preserving the Status Quo," California Environmental Law Reporter March 2000. Matthew Bender Publisher
  • "1999 Environmental Legislative Year in Review: A Prolific Year in the California Legislature" March 1999. Specialty Technical Publishers
  • "The 1999 Environmental Legislative Forecast: Charting a Steady Course" California Environmental Law Reporter March 1999. Matthew Bender Publisher
  • The Comprehensive Guide to Hazardous Materials Enforcement & Liability: A number of chapter updates on air quality law. Specialty Technical Publishers
  • "1998 Legislative Forecast-An Era of Uncertainty and Change" CaliforniaEnvironmental Law Reporter" April 1998. Matthew Bender Publisher
  • Brownfields Law & Practice-the Cleanup & Redevelopment of Contaminated Land (chapter 22). March 1998. Matthew Bender Publisher
  • "A Greener Legislature: The 1997 Environmental Forecast" California Environmental Law Reporter March 1997. Matthew Bender Publisher
  • "The 1995 Legislative Session: A Forecast" Environmental Law News Spring 1995. California State Bar
  • Drafted Air Quality Sections of the Environmental Compliance A Simplified National Guide) 1999. Specialty Technical Publishers
  • Drafted Air Quality Sections for Environmental Auditing: California Compliance Guide and Federal Compliance Guide 1999. Specialty Technical Publishers

Presentations

  • Construction Specification Institute: " California Legislative Forecast 2005" August 11, 2004 ( San Francisco, CA)
  • California District Attorney's Association: "Advanced Topics in Environmental Enforcement "Environmental Management System for Pleas and Settlements" June 7, 2004 ( Pacific Grove, CA)
  • Keynote Speaker: Pacific Industrial Business Association "Corporate Responsibility and EHS Compliance: Building Your Risk Management Toolbox "SB 945: Environmental Sustainability Legislation-Performance Over Prescription" February 26, 2004 ( Foster City, CA)
  • Speaker: Pacific Industrial Business Association: "Regulatory Update Including Health and Safety" Inaugural Regulatory Management Conference October 30, 2003 ( San Jose, CA)
  • Panelist at the Greening of Industry Network: "What can business do to accelerate progress toward sustainability?" October 13, 2003 ( San Francisco, CA)
  • Speaker: City of Oakland Lunch Series: "Key Federal Environmental Developments and New Sustainability Reporting" October 1, 2003 ( Oakland, CA)
  • Speaker at Lorman Education Services on "Selected Topics in Environmental Management in California" August 19, 2003 ( Oakland, CA)
  • Panelist at the Semicon West Environmental, Health & Safety (EHS) Interest Group Meeting: International EHS Regulations Update on July 13, 2003 entitled "Shifting United States Environmental Policies and Sustainable Reporting Guidelines" ( San Francisco, CA)
  • Panelist at the Environmental Audit Roundtable Conference, "Sustainability Reporting Guidelines & the 3 E's: Environment, Economics, and Equity" March 2003 ( New Orleans, LA)
  • Key note speaker at the Santa Clara County Bar Association "Environmental Legislative Update" 2002 ( Santa Clara, CA)
  • Bar Association of San Francisco "Environmental Legislative Update and Forecast" 2002 and 2003 ( San Francisco, CA)
  • Bar Association of San Francisco "Environmental Legislative Update and Forecast" 2001 and 2002 ( San Francisco, CA)
  • Barrister Association of the San Francisco County Bar Association "Environmental Legislative Update and Forecast" 2000 and 2001 ( San Francisco, CA)
  • City of San Francisco Department of the Environment "Environmental Legislative Update" March 2003 ( San Francisco, CA)
  • Pacific Industrial Business Association (PIBA) "Environmental Legislative Update" annually since 1995 ( Sunnyvale, CA)
  • Environmental Law Forum "Environmental Legislative Update" January 29, 2003 ( San Francisco, CA)
  • The Future 500: Environmental Sustainability Legislation: Performance Over Prescription-Critical Analysis of a Legislative Approach to Sustainability September 2000 (Berkeley, CA)
  • Sustainability: Bay Area Environmental Safety Group (BAESG) 1998 ( Sunnyvale, CA)
  • Industrial Ecology III Conference "Legislative and Regulatory Innovations" April 26, 1998 ( San Francisco, CA)