Noah Perch-Ahern | Primerus

Noah Perch-Ahern, a Partner in Greenberg Glusker's Environmental Department, maintains a broad national environmental and energy practice involving complex litigation, regulatory counsel, and transactional matters. Noah is known as one of the leading environmental lawyers of his generation and is often tapped to work on complicated matters without an easy solution.

“My goal, at every juncture, is achieving client success. Whether preparing for a jury trial or assisting a client with a critical development project or major deal, every strategic decision I make is not only based on a complete understanding of the relevant legal framework and the key points of persuasion, but fundamentally, the relationship of the strategy to a final successful outcome for the client.”

Having developed specialized knowledge across the wide field of environmental law, Noah employs his skills and knowledge in a variety of contexts. He has significant litigation experience and has tried jury and bench trials. At the same time, Noah regularly helps clients devise solutions to difficult regulatory problems, represents clients in connection with administrative proceedings, assists clients with deals and development projects, and represents energy-focused startup companies.

Noah has played a key role in variety of high stakes matters, including cost recovery and tort actions involving Superfund sites, constitutional litigation, public utility litigation, appellate litigation, environmental remediation projects, portfolio deals concerning electric generation facilities, landfills, and downstream petroleum assets, development projects related to renewable energy projects and industrial expansion, and compliance matters concerning air quality, water quality, hazardous waste, and energy and utility regulation. Noah has counseled clients concerning all of the major federal environmental statutes, including CERCLA, RCRA, the Clean Water Act, the Clean Air Act, and NEPA, and has also advised clients concerning various state environmental statutes and regulations around the country, including regulatory programs related to climate change and cap-and-trade, coastal regulations, Brownfield laws, water rights, and land use regulations such as CEQA.

Noah augments his practice through his leadership in a variety of organizations focusing on environmental and energy issues, through which he works with key decision-makers of environmental and energy regulatory initiatives.

Professional Affiliations

Young Professionals in Energy Los Angeles (YPE), President
Southern California Water Committee (SCWC), Board of Trustees
Valley Industry and Commerce Association (VICA), Board of Directors and Co-Chair of Environmental, Energy and Utilities Committee
TreePeople, Board of Directors
Los Angeles Area Chamber of Commerce, Co-Chair of Water, Energy & Environmental Sustainability Council
Pacific Council on International Policy, Elected Member

Awards

Benchmark Litigation, “40 & Under Hot List,” 2018 - 2019
Next Generation Lawyer of the Year, Century City Bar Association, 2018
Southern California Super Lawyers, Rising Stars, 2018 - 2020

Bar Admissions

California, 2009
District of Columbia, 2007

Court Admissions

United States District Court for the Central and Northern Districts of California

Education

Tulane University (J.D., magna cum laude)
University of New Hampshire (B.A., summa cum laude)
- Political Science
- Phi Beta Kappa

Representative Matters

Litigation

Represented ranching company in lawsuit involving open-pit mining and Superfund site, including claims relating to water rights, common law tort claims, and CERCLA claims, and involving issues related to acid mine drainage, statutes of limitations, continuing tort, and restoration damages
Represented television manufacturer in constitutional challenge against electronic waste program under dormant Commerce Clause and other constitutional provisions
Represented metals fabricator in citizens suit arising under the Clean Water Act alleging violations of the statewide industrial general permit for stormwater discharge
Represented a major oil company with respect to defense and prosecution of claims and cleanup activities at one of California’s largest hazardous waste sites, including participation in a PRP working group
Represented real estate development company against municipal defendant through trial in cost recovery action arising under CERCLA and the HSAA, including issues related to burden of proof under CERCLA as well as the third party defense
Defended a water utility against a claim involving a regional groundwater contamination dispute based on CPUC preemption and non-liability under CERCLA
Represented electric generating facility in writ against California Coastal Commission under the Warren-Alquist Act
Defended a water utility with respect to a wrongful death drinking water contamination action based on CPUC preemption
Defended a seller in an indemnity action concerning a cleanup at a former aerospace facility
Defended a seller against a claim that inadequate measures were being taken in pursuit of regulatory closure relating to an ongoing remediation
Prosecuted a constitutional challenge under the Dormant Commerce Clause with respect to interstate waste restrictions
Defended multiparty claims against the seller of a portfolio of service stations under the Petroleum Marketing Practices Act, including emergency federal appellate practice
Represented an excess insurance company in a subrogation claim involving defining principles of bad faith insurance law
Defended a partnership against a partner’s claim with respect to obligations and rights relating to an organic farm
Defended a nutritional supplement manufacturer against a claim by an Olympic athlete relating to doping

Business Transactions and Development Projects

Performed the environmental work, including due diligence and preparation of purchase and sale agreement, for a large portfolio sale of gasoline service stations
Performed the environmental work for acquisition of after-market auto products company, including due diligence, preparation of relevant provisions of stock purchase agreement, and permit transfers
Advised a real estate development company with respect to the acquisition of a former aerospace facility
Advised several startup companies in connection with corporate-related work
Counseled the developer of a major water storage and solar energy project with respect to CEQA compliance and other environmental land use matters, including endangered species regulations
Provided CEQA counsel for industrial expansion project involving metals fabrication
Negotiated and prepared lease documents for the conveyance of a deal involving hundreds of service stations
Conducted due diligence and preparation of a stock purchase agreement for a portfolio of energy production facilities
Conducted due diligence for a large-scale sale of landfill assets. Advised a range of clients concerning the purchase and sale of various Brownfield properties, including matters relating to allocation of liability, indemnity and cleanup standards
Advised numerous financial institutions concerning potential environmental liability associated with lending and financing, including advice concerning lenders’ environmental recourse options under loan and mortgage agreements and potential protections for foreclosing lenders under CERCLA’s secured creditor exemption and similar state lender liability protections
Advised clients with respect to NEPA requirements for a variety of proposed developments, including a light rail project and a nuclear energy facility
Advised clients concerning regulatory requirements of industrial transactions, and assisted clients in connection with subsidies and financing for renewable energy and low-greenhouse gas emitting projects

Regulatory and Administrative

Managed dozens of environmental cleanups across the county by directing environmental consultants and working with agencies to devise investigations and remediations in accordance with regulatory standards
Counseled client in water master proceeding in connection with water right claim involving surface water rights
Defended administrative action by DTSC alleging unlawful waste transport
Provided regulatory counsel to electric generation facility in connection with environmental enforcement action by City and California Coastal Commission
Counseled the owners of a former oil refinery in an EPA enforcement action involving potential civil and criminal penalties
Assisted client relating to issues involving emissions allowances and offsets generated pursuant to California’s cap-and-trade program
Provided environmental auditing advice to major oil and chemical company
Provided regulatory counsel concerning numerous compliance issues relating to water rights and water quality matters, including issues relating to wetlands (under state and federal law) and stormwater permitting (including the Industrial General Permit), pollutant and waste discharge requirements (including WDRs and NPDES), and regulatory requirements relating to drinking water standards and protocols
Provided advice concerning various air quality matters, including issues relating to air quality standards for mobile source fuelers, gasoline dispensing facilities, scrap metal facilities, and large generators
Provided counsel concerning release reporting requirements and solid and hazardous waste disposal
Counseled clients concerning endangered species regulations in connection with property maintenance and operation of renewable energy projects
Counseled client with respect to oil and gas regulatory issues, including rights relating to leases
Drafted insurance products relating to green building standards, including LEED
Drafted protocols for developers for handling potential lead and asbestos during construction, renovation, and demolition activities and best management practices to prevent stormwater pollution. Advised clients concerning the political landscape pertaining to greenhouse gas regulation for automobiles, and assisted with lobbying efforts concerning the waste industry
Provide advice concerning California Proposition 65 in connection with electronic consumer products

Practice Areas

Commercial Litigation Law

Environmental Law

Zoning, Planning and Land Use Law