Tom focuses his practice on complex business litigation, primarily in the area of environmental and toxic tort law. He has represented clients in state and federal courts throughout California. He serves as lead or co-lead counsel for clients in defending environmental actions under federal and state environmental statutes, including CERCLA, RCRA, HSAA, as well as common law nuisance and trespass claims. He also serves as lead/co-lead counsel for clients prosecuting cost recovery actions under federal and state environmental statutes, including CERCLA, RCRA, and HSAA. Tom has represented clients before state and local agencies, including California Regional Water Quality Control Boards, the Department of Toxic Substances Control, and the California Air Resources Board.
Tom has also successfully defended matters involving California’s Proposition 65 (Safe Drinking Water and Toxic Enforcement Act of 1986), product liability, premises liability, unfair competition, breach of contract, public entity defense and construction defects.
Representative Matters
12909 Cordary, LLC v. Hussein Berri and Excaliber Fuels, (U.S. District Court—Central District of California, May 2024) | As second chair, represented a client who filed a civil lawsuit seeking mandatory and prohibitory injunctions under the Resource Conservation and Recovery Act (RCRA) and reimbursement of costs under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) due to toxic leaks from nearby underground gasoline tanks. The jury found in favor of Shook’s client on the RCRA, CERCLA, and common law trespass claims. The trial is believed to be the first private citizen RCRA/CERCLA civil jury trial in the country and was widely reported in the Daily Journal and Mealeys.
Perera v. Moine (California Superior Court, Los Angeles County, August 2021) | Obtained a seven-figure judgment on behalf of the owner of commercial real estate property in Los Angeles. The action was for breach of contract resulting from the defendant/seller’s failure to comply with terms in the purchase sale agreement to remediate pre-existing subsurface contamination at the property. The verdict included recovery of the owner’s attorney fees and costs.
Orange County Water District v. Sabic (California Superior Court, Orange County, April 2021) | As second chair, defended a company in a Hazardous Substance Account Act and OCWD Act lawsuit where the plaintiff alleged client released hazardous substances during the operation of a printed circuit board facility (subsequent phases still ongoing).
Haas v. Beach and Talbert Shops, LLC (California Superior Court, Orange County, 2018) | As lead trial counsel, obtained defense verdict on behalf of commercial property owner in premises liability action where the plaintiff alleged that a walkway on the property was not ADA compliant and caused her to fall.
Presentations
Competency for In-House Counsel: Do You Know What You Need to Know?, Association of Corporate Counsel, September 27, 2023.
Ethics in Environmental Law, CLE, Association of Corporate Counsel - Southern California, May 11, 2022.
Vaccine Mandates: Can Companies Require Employees to Get the COVID Vaccine?, CLE, Association of Corporate Counsel - Southern California, May 4, 2021 (with Kirk Bacon).
Bias-Mosis: The Permeating Effect of Bias in Technology, CLE, Association of Corporate Counsel - Southern California, Costa Mesa, California, October 3, 2019 (with Kirk Bacon).
Publications
Navigating California’s New Opt-Out Magistrate Judge Program, Daily Journal, March 31, 2025.
Media Coverage
California Federal Jury Says Gas Station Owner Violated RCRA And CERCLA, Mealey’s, May 24, 2024.
Plaintiff wins first federal jury verdict under RCRA private right of action, Los Angeles Daily Journal, May 23, 2024.