Monica M. Browner

Monica Browner assists clients from the private and public sectors to navigate the intricate landscape of federal and state environmental laws and regulations. She represents clients in litigation at both the state and federal levels and offers compliance guidance on various environmental statutes, such as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); the Clean Air Act (CAA); and the Resource Conservation and Recovery Act (RCRA); as well as their state-level equivalents. Monica frequently collaborates with various state regulatory bodies, including the State Water Resources Control Board, the California Air Resources Board, and the Department of Toxic Substances Control (DTSC), to achieve the best possible results for her clients.

Before attending law school, Monica played a crucial role in expanding a start-up property management company in the Bay Area, transforming it from a small operation based in a garage into a thriving business with more than 40 employees managing millions of dollars in assets across California and Washington.

Education

University of Michigan Law School, J.D., 2019; president, Women Law Students Association

Santa Clara University, B.S., 2015, magna cum laude

Admissions

California

U.S. District Court for the Northern District of California

U.S. District Court for the Central District of California

U.S. District Court for the Eastern District of California

• Counsels clients regarding the applicability of various environmental laws.
• Assists clients in active litigation, including drafting written discovery, taking and defending depositions, and engaging in pretrial motion practice.
• Assisted with facilitating a large settlement with the DTSC involving claims for recovery of response costs at various landfills in California.
• Assisted in representing a chemical manufacturing company in a breach of contract arbitration.
• Assisted in representing a fireworks company in a complex civil dispute involving allegations of groundwater contamination.
• Litigated and settled various disputes involving Proposition 65 claims.
• Assisted a client in conducting an environmental compliance audit.
• Assisted in counseling a client on the current state of water quality trading programs nationwide.

Insights & Presentations

• “Attempting to Enhance Corporate Climate Responsibility, U.S. Securities and Exchange Commission Issues New Rules, Environmental,” Energy, & Climate Change Law and Regulation Reporter, May 2024
• “Governor Newsom Signs Major Climate Change Disclosure Laws for Corporate Accountability,” California Land Use Law & Policy Reporter, December 2023
• “District Court in Washington Affirms Parties Cannot Contractually Avoid CERCLA Liability to the U.S. Government,” Environmental, Energy & Climate Change Law and Regulation Reporter, June 2023
• “Monsanto Petitions for Eleventh Circuit En Banc Review After Losing FIFRA Preemption Argument Against State Law Failure to Warn Claim,” Environmental, Energy & Climate Change Law and Regulation Reporter, December 2022
• “Tenth Circuit Decision Reinforces Federal Clean Air Act Citizen Suits Against Mobile Sources,” Environmental, Energy, & Climate Change Law and Regulation Reporter, February 2022
• “U.S. Supreme Court Decision Broadens Federal Appellate Review of Remand Orders in a Blow to Plaintiffs Bringing Nuisance Actions in Climate Change Cases,” Environmental, Energy & Climate Change Law and Regulation Reporter, July 2021
• “Ruling May Give Oil Companies Upper Hand in Climate Change Cases,” Daily Journal, May 25, 2021
• “U.S. EPA Finalizes Greenhouse Gas Emissions Regulations for Aircraft Engines,” Environmental, Energy & Climate Change Law and Regulation Reporter, February 2021
• “DTSC Overhaul, Other Environmental Bills, Await Signature,” Daily Journal, September 15, 2020
• “Climate Change Cases Can Move Forward in State Courts, But Will They Be Successful?” Daily Journal, June 10, 2020
• “Ruling Creates Certainty and Uncertainty at Current and Future Superfund Sites,” Daily Journal, May 11, 2020
• “Tenth Circuit Affirms U.S. Army Corps of Engineers’ Lack of Discretionary Authority to Operate Dams Along the Rio Grande Under the Endangered Species Act,” California Water Law & Policy Reporter, March 2020
• “California Heads Into the Next Decade With Over 100 New Environmental Laws,” Daily Journal, December 20, 2019
• “Will Climate Change Nuisance Cases Be Tried in State Court?” Daily Journal, November 7, 2019

• Listed among Rising Stars (Environmental Law) Northern California Super Lawyers^®, 2024–present

Professional

• Environmental Law Institute
• Chemical Industry Council of California
• Association of Women in Water, Energy and the Environment
• American Bar Association, Environment, Energy and Resources Group
• Sacramento County Bar Association, Environmental Law Section
• California Lawyers Association, Environmental Law Section
• Sacramento Metro EDGE

Civic

• University of Michigan Law School, Women Law Students Association, former president, 2017–2018