Gene Tanaka

Partner

Tel: (925) 977-3301

Location(s)

At a Glance

Gene represents municipalities in a myriad of environmental and hazardous waste issues.

He has nearly 30 years of experience representing public agencies, and understands that litigation reflects the public's concerns.

Northern California Super Lawyers has recognized Gene for Environmental Litigation every year since 2011.

Gene Tanaka’s practice focuses on environmental, land use and public agency litigation. A partner at Best Best & Krieger LLP, he strives to reduce the uncertainty of litigation by providing his clients with case analyses and budgets at the outset and taking a measured, consistent approach through the course of the case.
 
Environmental Litigation 
Environmental litigation can be complicated, protracted and very expensive. Early preparation and evaluation are key to obtaining favorable results and efficiently directing experts and discovery. Gene has taken this approach in a wide range of environmental matters.

  • Clean Water Act and Resource Conservation and Recovery Act: Represented the City of Merced in an action brought by approximately 2,200 plaintiffs for alleged chemical and biological contamination, CWA and RCRA violations, and flood damages. The City obtained dismissal of the CWA and RCRA claims and settled on favorable terms.
  • Comprehensive Environmental Response, Compensation, and Liability Act: Represented the City of Colton in approximately 10 federal and state lawsuits, in litigation lasting nearly 10 years, over perchlorate groundwater contamination. The cases settled with Colton recovering almost all of its damages, and the responsible parties funding a nearly $100 million cleanup.
  • California Hazardous Substances Account Act: Represents Los Angeles County before the California Department of Toxic Substances Control regarding the cleanup of the former BKK Carson Landfill and cost recovery from numerous public agencies and private entities.
  • Water Law: Represented North Kern Water Storage District as co-counsel in a three-month bench trial concerning pre-1914 appropriative water rights. North Kern prevailed on appeal. North Kern Water Storage District v. Kern Delta Water District, 147 Cal. App. 4th 555 (2007).
  • California Radiation Control Law and Federal Land Policy and Management Act: Represented the City of Needles in two related lawsuits that helped prevent the licensing of a low-level radioactive waste facility at Ward Valley, Calif. 
     

Land Use Litigation 
Public agencies must balance the rights of project applicants with protecting their land use policies. Gene helped public and private clients strike the right balance in many different land use lawsuits. 

  • Fair Housing Act and Civil Rights Act: Plaintiffs claimed a regulatory taking and violations of the CRA and FHA regarding the City of Claremont’s implementation of its sewer policy and its opposition to plaintiffs’ Alzheimer’s facility. After a six-day jury trial, the jury found for the City. The City prevailed on all claims after an appeal to the Ninth Circuit. Sanghvi, et al. v. City of Claremont, et al., 328 F.3d 532 (9th Cir. 2003).
  • Regulatory Takings: Lockheed Martin sued the Riverside County Habitat Conservation Agency, Riverside County and seven cities for $90 million claiming that their endangered species habitat conservation plans amounted to a regulatory taking and other legal violations. All claims except the permanent takings claim were dismissed by the trial court and court of appeal. Defendants settled the permanent takings claim by purchasing the property close to their appraised value with mostly state funding.
  • California Endangered Species Act: Successfully represented RCHCA, Riverside County and seven cities in defending a habitat conservation plan for an endangered species under the CESA. San Bernardino Valley Audubon Society v. City of Moreno Valley, 44 Cal.App.4th 593 (1996).
  • Mello Roos Act: Plaintiff challenged Riverside County’s formation of a district under the Mello Roos Act. Gene successfully defended the County before the trial court and court of appeal. New Davidson Brick Co. v. County of Riverside, 217 Cal.App.3d 1146 (1990). 


Public Agency Litigation
Public agency litigation often reflects the concerns of the public, whom we serve. With nearly 30 years of experience representing public agencies, Gene understands this dynamic and has had the good fortune to handle many high profile, unique cases. 

  • First Amendment: A neighborhood association sued for access to Riverside Unified School District’s elementary school under the First Amendment. After two appeals to the U.S. Ninth Circuit Court of Appeals, the parties settled the case.
  • 1965 Voting Rights Act: Defended the Merced County Local Agency Formation Commission in a federal court case regarding the Voting Rights Act of 1965. LAFCO prevailed on a motion to dismiss.
  • California Cartwright Act: Defended the Cucamonga Valley Water District in an antitrust lawsuit regarding its ownership of a mutual water company. Following class certification and extensive discovery, CVWD settled with mostly insurance proceeds. 
  • Gene taught trial advocacy and deposition skills for the National Institute of Trial Advocacy and others in Boulder, Col.; Denver; Des Moines, Iowa; San Diego, Calif.; Belfast, Ireland; Osaka, Japan and Hobart, Australia.


He is licensed to practice law in the State of California.

 Education

  • Columbia Law School, Columbia University, J.D.
  • Columbia College, Columbia University, B.A., political science
  • Northern California Super Lawyers List, Environmental Litigation, 2011-2016
  • The Best Lawyers in America®, Litigation, Environmental and Natural Resources Law, 2016
  • Super Lawyers Business Edition List, Construction, Real Estate and Environmental, 2015
Endangered Fish v. Humans: The Fight Over Competing Water Needs
Authored Articles & Publications Nov 9, 2016

Endangered Fish v. Humans: The Fight Over Competing Water Needs

The Struggle to Find Balance is Explored by BB&K Partner Gene Tanaka in Municipal Lawyer Magazine

No Good Deed Goes Unpunished: Public Agency Liability for Flood Control
Authored Articles & Publications Dec 21, 2015

No Good Deed Goes Unpunished: Public Agency Liability for Flood Control

BB&K Partner Gene Tanaka Discusses in Municipal Lawyer Magazine How Local Agencies May Be Liable for Flood Damage — Just in Time for the Expected Rainy Season

New Federal Fracking Rules
Legal Alerts Apr 7, 2015

New Federal Fracking Rules

Local Government Agencies with Authority Over Fracking Sites May Be Impacted

  • “Double Jeopardy and More: Citizen Suits Under The Clean Water Act,” IMLA’s Municipal Lawyer, March/April 2013
  • “What The Frack – Legal Liability for Hydraulic Fracturing,” California Bar Journal, Summer 2012 (co-authored with Shawn Hagerty)
  • “Walking the Tightrope Over Stormwater Management and Liability,” California Bar Journal, Fall 2011 (co-authored with Shawn Hagerty)
  • “Finding The Missing Link of Toxic Torts: Using ‘Cottle’ Orders to Determine Causation,” California Environmental Law Reporter, December 2010
South Ontario Neighborhood Has Lived on Trucked-In Water for Nine Years, Here’s Why
BB&K In the News Sep 28, 2016

South Ontario Neighborhood Has Lived on Trucked-In Water for Nine Years, Here’s Why

BB&K Partner Gene Tanaka Discusses Possible Resolution of Toxic Water Issue with San Bernardino Sun

Event Sep 28 - Oct 2, 2016

IMLA’s 81st Annual Conference

International Municipal Lawyers Association

Press Releases Aug 15, 2016

20 BB&K Attorneys Make Best Lawyers in America 2017 List

Two Named Lawyers of the Year

Press Releases Jul 8, 2016

Congratulations to BB&K’s Attorneys on the Northern California Super Lawyers and Rising Stars Lists

Eight Attorneys Recognized for Their Professional Achievements

BB&K In the News May 10, 2016

NACWA Asks Court to Scrap EPA ‘Underground’ Water Testing Mandate

An Amicus Brief Authored by BB&K on Behalf of NACWA Is Discussed in InsideEPA.Com Article

Event Apr 16-17, 2016

2016 Mid-Year Seminar

International Municipal Lawyers Association

Event Apr 4, 2016

Cities in Transition

Association of Environmental Professionals

Client Successes Feb 26, 2016

BB&K Team Helps L.A. County Get State Funding for Exide Contamination

Board of Supervisors gives commendation to attorneys John Holloway and Gene Tanaka

Press Releases Aug 17, 2015

19 BB&K Attorneys Included on the 2016 Best Lawyers in America List

Partner Iris Yang and Of Counsel Joseph Coomes Selected as Lawyers of the Year

Press Releases Jul 10, 2015

Six BB&K Attorneys Included on the Northern California Super Lawyers and Super Lawyers Rising Stars List

The Attorneys in the Firm’s Walnut Creek and Sacramento Offices Represent a Cross-Section of Practices

California Tribe Seeks to Drop Claims Against Utility in Tax Fight
BB&K In the News Apr 9, 2015

California Tribe Seeks to Drop Claims Against Utility in Tax Fight

BB&K Partner Roderick Walston Discusses in Law360 Desert Water Agency Role in Tribal Land Groundwater Tax and Fee Case

Event Sep 10-12, 2014

BB&K Attorneys Appeared on Panels Covering Telecommunications, the Environment, Hot Federal Issues and More

IMLA 2014 Annual Conference

Press Releases Jul 4, 2014

BB&K Attorneys Recognized as 2014 Northern California Super Lawyers and Rising Stars

Congratulations to These Attorneys