Kelly V. Beskin

Kelly Beskin advises manufacturing, energy, and waste management clients on environmental and regulatory compliance, enforcement, and litigation matters arising under state and federal law. She serves as environmental counsel on product stewardship and extended producer responsibility programs, climate disclosure and greenhouse gas reporting requirements, and Proposition 65 compliance, and regularly represents clients in agency enforcement actions, citizen suits, and consumer protection litigation. Kelly also represents California oil and gas and pipeline operators in permitting, regulatory compliance, enforcement defense, and commercial disputes, including matters involving the California Geologic Energy Management Division, CEQA, underground injection control, and oil field remediation and asset retirement obligations.

Education

University of California, Davis School of Law, J.D., 2021; Top 5%; Order of the Coif; UC Davis Law Review; Dean’s Merit Scholarship; King Hall Academic Excellence Scholarship

Texas A&M University, M.S., Entomology, 2016

University of Georgia, B.S., Environmental Sciences/Entomology, 2013

Admissions

California

United States District Courts for the districts of Eastern and Northern California

Languages

State and Federal Compliance Counseling

• Serve as environmental counsel for manufacturing, oil and gas, and waste management companies.
• Advise clients on reporting obligations under various state Product Stewardship Extended Producer Responsibility laws including those related to batteries, packaging materials, pharmaceutical and sharps, and paint.
• Lead counsel advising clients on reporting obligations under California’s Corporate Greenhouse Gas Reporting and Climate Related Financial Risk Disclosure Programs (Senate Bills 253 and 261).

Environmental Enforcement Defense and Citizen Suits

• Represent clients in responding to 60-day notice-of-intent-to-sue letters from environmental organizations under the Clean Water Act.
• Defend companies in state environmental enforcement actions including negotiation of civil settlements, penalties, supplemental environmental projects, and information requests.

Consumer Protection Litigation and Proposition 65  

• Defense of consumer product and industrial-sector clients in California and nationwide against Proposition 65 claims alleging exposure to various chemicals, including BPA and other bisphenol compounds, hexavalent chromium, and PFAS compounds including PFOA and PFOS.
• Defense of corporate clients in consumer protection and regulatory matters, including allegations of improper “greenwashing” claims (e.g., “biodegradable” or “all natural”).
• Advising clients in consumer product and food industries on FTC Green Guides compliance, including substantiation of environmental and carbon reduction claims, covering direct, indirect, and electricity-related emissions.
• Defense of foods companies against consumer protection claims, including allegation of misleading product labels statement (e.g., “all natural flavors” or “nothing artificial”).

Oil and Gas  

• Represent major California oil companies in connection with the permitting and development of new production wells, injection control wells, and production facilities throughout California.
• Advise California oil and gas operators on California Geologic Energy Management (“CalGEM”) Division’s regulatory requirements.
• Counsel oil and gas operators on subsurface trespass, pass-through rights and well setback requirements.
• Counsel and advise pipeline operators with respect to Office of State Fire Marshall permitting and regulatory requirements.
• Advise major and independent oil companies on asset retirement, oil field restoration and oil field remediation issues and obligations under state law and oil and gas leases for redevelopment of oil producing properties.
• Represent pipeline operators in connection with franchise applications and negotiations with various local governments throughout California.
• Defense counsel for operators challenging Civil Penalty Orders and other CalGEM enforcement orders relating to underground injection control requirements, methane leaks and other regulatory matters.
• Represented oil field operator in connection with multimillion-dollar royalty dispute involving the calculation of production costs for purposes of royalty computation.
• Represented independent oil company in commercial litigation under a Joint Operating Agreement against a working interest owner.
• Defense of Fortune 500 oil company in CEQA challenge to drilling permits issued by CalGEM.

Publications

• Witkin Award Recipient (highest class grade) in Civil Procedure, Contracts, Torts, Constitutional Law I, Environmental Law, Intellectual Property, Evidence, Land Use Planning, and Public Lands Law

Professional

• Environmental Law Certificate
• Environmental Law Society, former Symposium Committee Co-Chair