Thomas S. Lee

Tom Lee
  1. People /

Thomas S. Lee

Thomas S. Lee

Partner


San Francisco
Tom Lee
  1. People /

Thomas S. Lee

Thomas S. Lee

Partner


San Francisco

Thomas S. Lee

Partner

San Francisco

Office Managing Partner and PFAS Team Leader

T: +1 415 675 3447

VcardVcard
Download PDFDownload PDF
Print
Share

Biography

Thomas Lee is a Partner in the firm's Energy, Environment and Infrastructure Practice Group, and is a trusted advisor to clients on a range of environmental topics. Tom regularly works with clients in a variety of industries including real estate investment and development, food and agriculture, retail and consumer products, and chemical manufacturing and distribution.

Tom's practice focuses on three main areas: transactional work, compliance counseling, and enforcement defense. In his transactional work he represents buyers and sellers of real estate and corporate entities that are impacted by environmental conditions or related liability, with a particular focus on brownfield acquisition and redevelopment. Tom takes projects from initial due diligence, through contract drafting, closing, and post-closing remediation and regulatory closure, all with an eye towards balancing the costs and risks posed by the environmental conditions. Tom also provides compliance counseling to ensure clients’ continued compliance, especially in the face of changing regulations. He regularly works with a network of environmental consultants to conduct facility audits where necessary, and to prepare and submit permit applications, and correct non-compliant conditions. Finally, Tom represents clients in enforcement actions under the Clean Air Act, California Air District rules, California Air Resource Board regulations, California’s Proposition 65, California’s Green Chemistry Initiative, and TSCA.

Tom is the founder and leader of the firm’s PFAS Team and his deep understanding of the ever-changing PFAS regulatory environment has made him a trusted counselor for companies evaluating their PFAS risk in transactional, regulatory, and litigation contexts. Tom is also the founder and editor of the firms’ Emerging Contaminants/Emerging Solutions blog, and writes and presents at conferences and webinars on a variety of topics including California’s Proposition 65, and the developing regulation of PFAS.

Civic Involvement & Honors

  • 2022, 2024 JDSupra Readers Choice Awards Top Author, Environmental
  • Recognized by The Best Lawyers in America© 2021 "Ones to Watch" Report for Environmental Law
  • Recognized as a Super Lawyers Northern California "Rising Star" for business litigation and environmental law from 2016-present. No more than 2.5 percent of California lawyers are named to Super Lawyers’ list of "Rising Stars."
  • Bar Association of San Francisco Wellness Committee
  • United Way of the Bay Area: Koko Campaign Winner in 2012 and 2013 for fundraising; Awarded 2013 Koko Campaign Top Banana for best overall campaign coordinator.

Recruiting Committee (Co-Chair)

Head of the San Francisco Wellness Committee

Admissions

  • California, 2011
  • New York, 2011

Education

Northwestern University, J.D., 2009

Colgate University, B.A., 2005

Related Practice Areas

  • Ethylene Oxide Team

  • PFAS Team

  • Hotels and Hospitality

  • Real Estate Retail

  • Brownfields

  • Citizen Suits/NIMBY

  • Clean Air Act

  • Clean Water Law

  • Compliance Audits and Internal Investigations

  • Cost Recovery Litigation (Superfund/CERCLA and State equivalents)

  • Criminal Enforcement

  • Endangered Species (ESA)

  • Environmental Review (NEPA and State EIS laws)

  • Hazardous Materials Transportation (HMTA)

  • Hazardous Waste (RCRA)

  • Insurance Counseling

  • Oil Spills

  • Pesticides (FIFRA)

  • Reporting Requirements (EPCRA, CERCLA, Prop 65 and other state laws)

  • Safe Drinking Water (SDWA)

  • Solid Waste and Landfills

  • Toxic Substances Regulation (TSCA)

  • Transactional Work, Including SEC Disclosures

  • Underground Injection Control (UIC)

  • Water Rights

  • Wetlands

  • Mobile Source Emissions and Fleet Management

  • Food & Agribusiness

  • Business & Commercial Disputes

  • Environment

  • Real Estate

  • Retail & Consumer Products

  • Litigation & Dispute Resolution

  • Regulation, Compliance & Advisory

  • Healthcare & Life Sciences

  • Energy Transition

  • Redevelopment

  • Outdoor Industry

Resources

Publications

  • Tom regularly publishes articles to the Firm’s website and is the editor of the Firm's Emerging Contaminants/Emerging Solutions blog. Please view the insights tab for a list of his articles.
  • Quoted, "PFAS: Causal link to personal injury could open litigation floodgates," The Insurer, September 11, 2023
  • Co-author, "How to Determine What Is 'Essential Business' as More States Order Shutdowns," Corporate Counsel, March 23, 2020
  • Co-author, "The Clean Power Plan and Interstate Trading Programs,” Energy Infrastructure, Siting, and Reliability Committee Newsletter, ABA, June 2016
  • "EPA's Proposed Clean Power Plan Regulations: Structure and Impacts," Bryan Cave Environmental Client Service Group Alert, June 2014
  • "The Water Excise Tax: Preserving a Necessary Resource," Northwestern Journal of Law & Social Policy, Winter 2009

Speaking Engagements

  • "State and Federal Regulation of PFAS in Food Packaging," University of Wisconsin-Madison PFAS: Impact on the Planet and Solutions for the Packaging Industry Symposium, November 2, 2023
  • “State and Federal Regulation of PFAS in Food Packaging,” American Conference Institute Food Law Summit, April 18, 2023
  • “Redefining Diligence in the Age of PFAS: New ASTM 1527-21 Standard and the Rise of Emerging Contaminants,” The Surplus Properties Roundtable, March 8, 2023
  • “Regulation of PFAS in Cookware and Bakeware,” The Inspired Home Show, March 5, 2023
  • “COVID-19 in 19: Mitigating Premises Liability and Product Liability Risks Associated with COVID-19,” Teleconference, March 27, 2020
  • “COVID-19 in 19: Shut Down, Shelter in Place and Defining 'Essential Business,'” Teleconference, March 23, 2020
  • “New Chemical Listings: How to Make Sure Your Company Stays Compliant,” Panelist, Prop. 65 Clearinghouse Annual Conference, September 23, 2019
  • “Prop. 65 Regulation of PFAS in Food and Food Packaging,” Webinar, July 18, 2019
  • “Cautionary Tales in Product Labeling and Marketing,” Panelist, Annual American Agricultural Law Association Educational Symposium, October 26, 2018
  • “Prop. 65 Food Litigation: Enforcement Trends, Defense Strategies, and How to Reduce the Risk of Being Sued,” Webinar, February 11, 2018
  • “California's Green Chemistry Initiative: Impacts and opportunities for Retailers,” Presented at the Retailer Proposition 65 and Green Chemistry Initiative Legal Roundtable, January 21, 2015
  • “Retailer Compliance With Proposition 65, and Revisiting Internal Testing Protocols,” Presented to a client in a series of seminars. 10/2011 - 4/2012

Related Insights

Blog Post
Dec 19, 2024

PFAS in firefighting foam (AFFF) and equipment: state-by-state regulations

Numerous states have either enacted or proposed regulations regarding per- or polyfluoroalkyl substances (“PFAS”) present in Class B Aqueous Film-Forming Foams (“AFFF”) used for firefighting, or present in firefighters’ clothing and equipment. These regulations typically involve restrictions in four general areas:  Discharge or Use Restrictions. These regulations usually limit or prohibit the use of AFFF in training or testing exercises, and may only allow the use of AFFF in active firefighting situations; Disposal, Storage, Inventory or “Take-back” Provisions. Some states have enacted state run programs to purchase and dispose of AFFF, usually purchasing supplies from government agencies; Notification or Reporting Requirements. When continued use of AFFF is allowed, some states have required that businesses report specific details regarding their discharge; and Limitations on Personal Protective Equipment (“PPE”). Some states have limited or prohibited PPE for firefighters that contain PFAS compounds.
Blog Post
Nov 27, 2024

PFAS in groundwater: state-by-state regulations

In the absence of federal cleanup standards for per- and polyfluoroalkyl substances (“PFAS”) in groundwater, several states have started the process of regulating PFAS in groundwater themselves. As a result, states have adopted a patchwork of regulations and guidance standards that present significant compliance challenges to impacted industries. This client alert explores the current landscape of state regulations regarding the advisory, notification, and cleanup levels for PFAS – typically perfluorooctane sulfonic acid (“PFOS”) and perfluorooctanoic acid (”PFOA”) – in groundwater.
Blog Post
Nov 13, 2024

PFAS in food packaging: state-by-state regulations

In the absence of comprehensive federal regulation of PFAS in food packaging, states are dishing out their own laws.  Thus far, 13 (thirteen) states have enacted laws addressing PFAS substances in food containers and packaging materials (“Food Packaging”), and there are 15 (fifteen) proposed bills that are currently pending in various states.  These laws are intended to address concerns that storing food in Food Packaging that contains PFAS compounds may result in increased ingestion of those PFAS substances.  Related to food packaging, a growing number of states are enacting or proposing general bills involving the recyclability of food or beverage packaging, but this client alert does not specifically address those requirements as these measures do not exclusively involve PFAS substances. According to the United States Environmental Protection Agency (“EPA”), commonly cited examples of Food Packaging that have historically contained PFAS substances include “grease-resistant paper, fast food containers/wrappers, microwave popcorn bags, pizza boxes, and candy wrappers.”
Blog Post
Nov 06, 2024

PFAS in children’s products: state-by-state regulations

PFAS in Children’s Products is a major focus for state regulators across the country, prompting some of the most stringent PFAS restrictions in consumer products.  Thus far, eleven (11) states have enacted regulations concerning PFAS substances in Children’s or Juvenile Products (“Children’s Products”).  Six (6) additional states have proposed Children’s Products regulations, and many of these are expected to continue to move through the legislative process in future months.  There are a number of key features that are generally consistent across the state laws: “Juvenile products” are generally defined as products that are intended for use by children 12 years old or younger. The prohibitions apply to “intentionally added” PFAS, which generally are PFAS added to a product to create a specific effect in the finished product. The compliance timelines are much shorter than the timelines for other types of consumer products that are being regulated for the presence of intentionally added PFAS. Some, but not all, of the laws exempt internal components of the product that are not accessible during foreseeable “use and abuse” of the product. Perhaps the biggest challenge posed by these laws is that unlike other PFAS laws which apply to a specific industry category (e.g. cookware, cosmetics, apparel), they apply across all consumer product categories, making them more difficult for impacted businesses to track. Notably, California recently enacted AB 347, which, among other things, changed the definition of “juvenile products” to eliminate the “including but not limited to” language and thereby limited the scope of products that are subject to restrictions.  Accordingly, BCLP identifies the specific definitions of “children’s products” or “juvenile products” in this document to best assist you.
Blog Post
Sep 13, 2024

PFAS drinking water standards: state-by-state regulations

The regulation of per- and polyfluoroalkyl substances (“PFAS”) in drinking water remains one of the primary focuses for legislatures and agencies at both the state and federal levels. In April 2024, the United States Environmental Protection Agency (“EPA”) issued Maximum Contaminant Levels (“MCLs”) and Maximum Concentration Level Goals (“MCLGs”) for certain PFAS, establishing limits as low as 4 parts per trillion (“ppt”). Many states have already regulated PFAS compounds in drinking water but have done so in a variety of different ways, and at different levels. The result is a patchwork of regulations and standards which presents significant operational and compliance challenges to impacted drinking water systems. This client alert surveys the the MCLs, as well as guidance and notification levels, for PFAS compounds in drinking water across the United States.

Related Insights

Blog Post
Dec 19, 2024
PFAS in firefighting foam (AFFF) and equipment: state-by-state regulations
Numerous states have either enacted or proposed regulations regarding per- or polyfluoroalkyl substances (“PFAS”) present in Class B Aqueous Film-Forming Foams (“AFFF”) used for firefighting, or present in firefighters’ clothing and equipment. These regulations typically involve restrictions in four general areas:  Discharge or Use Restrictions. These regulations usually limit or prohibit the use of AFFF in training or testing exercises, and may only allow the use of AFFF in active firefighting situations; Disposal, Storage, Inventory or “Take-back” Provisions. Some states have enacted state run programs to purchase and dispose of AFFF, usually purchasing supplies from government agencies; Notification or Reporting Requirements. When continued use of AFFF is allowed, some states have required that businesses report specific details regarding their discharge; and Limitations on Personal Protective Equipment (“PPE”). Some states have limited or prohibited PPE for firefighters that contain PFAS compounds.
Insights
Dec 13, 2024
California indicates lenient enforcement in first year of climate reporting law
Blog Post
Dec 11, 2024
Prop. 65 short-form warnings are about to get longer
Blog Post
Nov 27, 2024
PFAS in groundwater: state-by-state regulations
In the absence of federal cleanup standards for per- and polyfluoroalkyl substances (“PFAS”) in groundwater, several states have started the process of regulating PFAS in groundwater themselves. As a result, states have adopted a patchwork of regulations and guidance standards that present significant compliance challenges to impacted industries. This client alert explores the current landscape of state regulations regarding the advisory, notification, and cleanup levels for PFAS – typically perfluorooctane sulfonic acid (“PFOS”) and perfluorooctanoic acid (”PFOA”) – in groundwater.
Blog Post
Nov 13, 2024
PFAS in food packaging: state-by-state regulations
In the absence of comprehensive federal regulation of PFAS in food packaging, states are dishing out their own laws.  Thus far, 13 (thirteen) states have enacted laws addressing PFAS substances in food containers and packaging materials (“Food Packaging”), and there are 15 (fifteen) proposed bills that are currently pending in various states.  These laws are intended to address concerns that storing food in Food Packaging that contains PFAS compounds may result in increased ingestion of those PFAS substances.  Related to food packaging, a growing number of states are enacting or proposing general bills involving the recyclability of food or beverage packaging, but this client alert does not specifically address those requirements as these measures do not exclusively involve PFAS substances. According to the United States Environmental Protection Agency (“EPA”), commonly cited examples of Food Packaging that have historically contained PFAS substances include “grease-resistant paper, fast food containers/wrappers, microwave popcorn bags, pizza boxes, and candy wrappers.”
Blog Post
Nov 06, 2024
PFAS in children’s products: state-by-state regulations
PFAS in Children’s Products is a major focus for state regulators across the country, prompting some of the most stringent PFAS restrictions in consumer products.  Thus far, eleven (11) states have enacted regulations concerning PFAS substances in Children’s or Juvenile Products (“Children’s Products”).  Six (6) additional states have proposed Children’s Products regulations, and many of these are expected to continue to move through the legislative process in future months.  There are a number of key features that are generally consistent across the state laws: “Juvenile products” are generally defined as products that are intended for use by children 12 years old or younger. The prohibitions apply to “intentionally added” PFAS, which generally are PFAS added to a product to create a specific effect in the finished product. The compliance timelines are much shorter than the timelines for other types of consumer products that are being regulated for the presence of intentionally added PFAS. Some, but not all, of the laws exempt internal components of the product that are not accessible during foreseeable “use and abuse” of the product. Perhaps the biggest challenge posed by these laws is that unlike other PFAS laws which apply to a specific industry category (e.g. cookware, cosmetics, apparel), they apply across all consumer product categories, making them more difficult for impacted businesses to track. Notably, California recently enacted AB 347, which, among other things, changed the definition of “juvenile products” to eliminate the “including but not limited to” language and thereby limited the scope of products that are subject to restrictions.  Accordingly, BCLP identifies the specific definitions of “children’s products” or “juvenile products” in this document to best assist you.
Blog Post
Oct 31, 2024
PFAS Update: California Enacts New PFAS Enforcement and Registration Law
Insights
Oct 08, 2024
California Climate Reporting Mandates still on track following limited amendments
Blog Post
Sep 13, 2024
PFAS drinking water standards: state-by-state regulations
The regulation of per- and polyfluoroalkyl substances (“PFAS”) in drinking water remains one of the primary focuses for legislatures and agencies at both the state and federal levels. In April 2024, the United States Environmental Protection Agency (“EPA”) issued Maximum Contaminant Levels (“MCLs”) and Maximum Concentration Level Goals (“MCLGs”) for certain PFAS, establishing limits as low as 4 parts per trillion (“ppt”). Many states have already regulated PFAS compounds in drinking water but have done so in a variety of different ways, and at different levels. The result is a patchwork of regulations and standards which presents significant operational and compliance challenges to impacted drinking water systems. This client alert surveys the the MCLs, as well as guidance and notification levels, for PFAS compounds in drinking water across the United States.