Lisa A. Bail
Lisa A. Bail concentrates her practice in environmental law, land use and commercial litigation. Her experience includes trials, administrative hearings and appellate work in areas of environmental law, personal injury, contracts, and products liability. She is conversant with all phases of litigation practice, from pleading and discovery through injunction, summary judgment, trial, mandamus and appeal. Her experience includes:
- Environmental Impact Statements: Defended clients in challenges under NEPA and HEPA to environmental impact statements; assisted clients in preparation of environmental impact statements.
- CERCLA: Represented clients in Superfund and emergency response actions and CERCLA litigation. Supervised contamination remediation projects, and represented clients through all aspects of participation in the State of Hawai‘i’s Voluntary Response Program. Assisted landowners, lessors, lessees, lenders, developers and construction companies in connection with transactions involving contaminated real property and rendered advice regarding CERCLA liability and due diligence. Litigated contractual compliance issues regarding contamination. Ms. Bail has also been a frequent speaker at seminars regarding Brownfields and CERCLA.
- Wastes: Represented transporters, large quantity generators and small quantity generators in hazardous waste enforcement actions, remedial actions, and hazardous waste compliance. Audited compliance with hazardous waste regulations and assisted clients with self-audit guidelines and development of Hazardous Waste Management Plans. Defended hazardous waste generator against administrative penalty of $1.5 million dollars. Negotiated settlements of hazardous waste enforcement actions involving monetary penalties, compliance orders and supplemental environmental projects. Counseled clients regarding compliance with solid waste laws and assisted clients with solid waste and recycling permitting requirements. Defended enforcement actions involving used oil regulations.
- Underground Storage Tanks: Counseled clients regarding compliance with state and federal underground storage tank regulations and defended administrative enforcement action regarding compliance with underground storage tank regulations. Supervised remediation of leaking underground storage tanks and assisted clients in obtaining “no further action” letters from the Hawai‘i Department of Health.
- Toxic Substances, Pesticides, and EPCRA: Defended actions brought by EPA for violation of PCB regulations and TSCA and counseled clients regarding compliance with PCB regulations. Counseled clients regarding FIFRA and EPCRA compliance.
- Water: Counseled clients in water pollution permitting issues, including NPDES permits and storm water permits. Pursued and defended enforcement actions regarding violations of water pollution laws. Defended litigation involving claims under the Oil Pollution Act, and advised clients regarding compliance with Oil Pollution Act and Spill Prevention Control and Countermeasures (SPCC) requirements.
- Air: Represented clients regarding compliance with asbestos laws and regulations. Defended enforcement actions under the Clean Air Act. Provided assistance with covered source and noncovered source permits and defended appeals in connection with air permits.
- Endangered Species Act: Assisted clients with understanding implications of Critical Habitat Designations and submitting comments to U.S. Fish & Wildlife Service regarding same.
Defended clients in administrative enforcement proceedings and rendered compliance counseling regarding worker safety issues including asbestos exposure, lead exposure, and hazardous materials storage.
Defended manufacturers of silicone breast implants and defended a Fortune 500 company's fungicide in a seven-month jury trial.
Represented clients in connection with permitting, contested case hearings and litigation involving conservation district use permits (Board of Land and Natural Resources). Represented clients in connection with water use issues before the Commission on Water Resource Management. Defended litigation involving trail and access right of way issues.
Ms. Bail is a contributing author of the Hawai‘i Environmental Law Handbook (published by Government Institutes, 3rd Edition, 2000). This Handbook is designed to provide a guide to Hawai‘i’s environmental laws that affect the private sector, including businesses and real property owners. She is also a co-author of the Hawai‘i Chapter, State Antitrust Practice and Statutes (American Bar Association, 1998) and the Hawai‘i Chapter of an upcoming American Bar Association publication regarding environmental taxes.
Ms. Bail is frequently a speaker at environmental law seminars. She is the current Chair of the Litigation Section and the former Chair of the Natural Resources Section of the Hawai‘i State Bar Association, and an arbitrator for the Court Annexed Arbitration Program. She was named lawyer representative to the Ninth Circuit Judicial Conference, 2005-2008 by Chief Judge Ezra, USDC Hawai‘i. She is also a member of Kaulunani, an advisory council to the Hawai‘i Department of Land and Natural Resources regarding urban forestry issues.
Ms. Bail was on the editorial board of the American Journal of Law and Medicine while at Boston University School of Law. She graduated with distinction in philosophy as an undergraduate and was awarded Phi Beta Kappa, the Hazel M. Purmont Alumnae Award, the Peter A. Bertocci Award for Academic Achievement and Humanitarian Service and the Philosophy Department's Matchette Prize. She serves on the firm's Technology Committee.
- Boston University, J.D., (cum laude), 1993
- Boston University, B.A., (magna cum laude), 1990
Admitted to Practice
- Ninth Circuit Court of Appeals
- Commonwealth of Massachusetts
- State Courts of Hawaii
- U.S. District Court of Hawaii