Bob Nicksin
Counsel
Bob Nicksin is a counsel in O’Melveny’s Los Angeles office, a member of the Transactions Department, and a member of the Project Development and Real Estate Practice group. Bob has more than twenty years’ experience in environmental litigation, due diligence, compliance, policy development, and advocacy.
Bob’s practice covers a wide range of environmental issues, including air quality, climate change and greenhouse gas regulation, reporting obligations, permitting issues, orders for abatement, and enforcement actions. He also handles national and international environmental diligence associated with mergers, acquisitions and financings. Bob has significant experience with Superfund and hazardous waste law, as well as the redevelopment, transfer, and cleanup of contaminated property. Bob has also handled numerous actions brought under the California Safe Drinking Water and Toxics Enforcement Act, better known as Proposition 65.
Bob was awarded California Trout’s 2010 Streamkeeper Award for his
pro bono work representing California Trout, an organization dedicated to trout protection, in Casitas Municipal Water District v. US. In the case, which is awaiting another decision from the Federal Court of Claims, Casitas Municipal Water District argued that the federal government owed it compensation for the water used to protect endangered fish species’ survival.
Illustrative Professional Experience
- Represents Los Angeles County’s largest landfill operator in matters before the South Coast Air Quality Management District
- Represents a short-line railroad in matters including acquisition of a fleet of low-emission locomotives, negotiation of operating agreements, and obtaining government grants
- Represents Los Angeles’ largest refuse handler regarding CERCLA liability at various sites
- Represented a liquefied natural gas port proponent in permitting matters before local, state and federal regulators
- Represented a Los Angeles refinery in one of the largest environmental enforcement actions brought under the Clean Air Act
- Litigated under the US Freedom of Information Act on a pro bono basis for a US Navy veteran wrongfully court martialed
- Handled environmental due diligence for numerous mergers and acquisitions, including cruise ship companies, resort hotel operations, pool and spa equipment makers, electronics manufacturers and food processors, among others
- Counseled a major national retailer regarding compliance with environmental laws
- Co-authored, with the Environmental Protection Agency, the second White Paper on implementation of the federal air operating permits program
- Led a diverse coalition that won approval for low emission vehicle fleet rules, ensuring a viable natural gas vehicle market
- Developed a compromise on federal rule enforceability that streamlined South Coast Air Quality Management District’s RECLAIM rules
- Played a key role along the US-Mexican border in winning environmental support and approval for pipeline and power plant projects
- On a pro bono basis, won a jury verdict and judgments of over US$2 million in the case of an Indonesian woman trafficked into the US to work as a domestic servant. The case was selected by the legal newspaper Daily Journal as one of the high impact jury verdicts for 2009
Professional Activities
Admitted to Practice, US Court of Appeals, Ninth Circuit; US District Court, Central District of California; US District Court, Southern District of California; US Court of Appeals for the Federal Circuit
Member, Los Angeles County Bar Association, Environmental Law Section, Past Chair
Author, “New Frontiers for the Push and Pull of Federalism - Implementation of the Clean Air Act’s Operating Permit Program in Southern California,”
Environmental Law Reporter, 1999; “Latest Developments in International Maritime Environmental Regulation,”
Tulane Maritime Law Journal, Winter 2008
Honors, Named a "Super Lawyer" in a survey conducted by Law & Politics Media Inc. and published in
Los Angeles magazine (2012 - 2013)