Gary Lucks JD, CPEA
Partner
Tel: 510-290-5423
Education
University of the Pacific, McGeorge School of Law
Tulane University (Cum Laude) B.S., Biology and Environmental Sciences
Registrations & Certifications
Certified Professional Environmental Auditor (CPEA), 2005
California State Bar J.D., 1985
California Environmental Assessor (REA I), 1993
Gary Lucks JD, CPEA is the principal environmental attorney with deep expertise in environmental, health, and safety (EHS) law, legislative affairs, and sustainability strategy. He has over 35 years of experience advising Fortune 500 clients in most industry sectors. He is a licensed attorney, a scientist, and a Certified Professional Environmental Auditor (CPEA) who has completed or overseen close to 500 major EHS compliance audits across the country and overseas. He also specializes environmental compliance counseling, environmental auditing, environmental management systems (EMS), permitting, and training. He wrote environmental policy briefing papers for Governor Newsom, Senator Feinstein, Senator Steinberg, State Insurance Commissioner Dave Jones, and Marin County Supervisor Charles McGlashan. He serves on the California Lawyer’s Association Environmental Law Section’s Executive Committee leading environmental legislation, sustainability, and education committees. He also served as an Advisor to the Bay Area Air Quality Management District and co-founded the Sustainable Earth Initiative--a non-profit dedicated to helping public agencies improve environmental performance and advance sustainability initiatives. Mr. Lucks has published extensively on environmental law, legislation, and policy. He co-wrote a book on environmental law (California Environmental Law and Policy: A Practical Guide which is used in law schools, colleges, by practitioners, and which has been cited in legal opinions). He also wrote the Environmental Auditing Chapter in the California Environmental Law and Land Use Practice. He has been a regular contributor to the California Environmental Law Reporter for over twenty-five years.
Mr. Gary Lucks JD, CPEA is a partner with deep expertise in environmental, health, and safety (EHS) law, legislative affairs, and sustainability strategy and implementation. He has over 36 years of experience advising Fortune 500 clients in clean tech, high tech, power, aerospace, biopharma, and many other industry sectors. He is a licensed attorney, a scientist, and a Certified Professional Environmental Auditor (CPEA) who has completed or overseen nearly 500 major EHS compliance audits across the country.
He advises clients on maintaining business continuity and license to operate while managing EHS risks. He also specializes in sustainability strategy, implementation and reporting, environmental compliance counseling, environmental auditing, environmental management systems (EMS), training, and permitting.
Mr. Lucks has published extensively on environmental law, legislation, and policy. He co-wrote a book on environmental law (California Environmental Law and Policy: A Practical Guide) which is used in law schools, colleges, by practitioners, and which has been cited in legal opinions). He also wrote the Environmental Auditing Chapter in the California Environmental Law and Land Use Treatise.
He serves on the California Lawyer’s Association (CLA) Environmental Law Section’s Executive Committee and serves as the co-chair of the West Coast Institute of Internal Auditors. Mr. Lucks also serves on the CLA Environmental Legislation Committee. He served a four-year term as an Advisor to the Bay Area Air Quality Management District. He also chaired the West Coast Auditing Roundtable for 15 years. He also co-founded the Sustainable Earth Initiative, a non-profit specializing in EMS and dedicated to helping public agencies improve their environmental performance.
Mr. Lucks has extensive teaching experience. He has taught courses on environmental law, auditing, sustainability, climate change, and legislation for over 30 years for the Continuing and Professional Education program at the University of California, for the Institute of Internal Auditors, and for industry.
EHS Performance Assurance
EBMUD Advised East Bay Municipal Utility District (EBMUD) EHS staff on EHS compliance and developed and led EHS compliance training and legislative updates to EBMUD staff.
Mr. Lucks developed over a dozen compliance-focused environmental management systems (EMS) for several United States Air Force installations and remote sites. He also participated in the development of an integrated health, safety, and environmental management system for the Lawrence Berkeley National Laboratory (LBNL), the Lawrence Livermore National Laboratory, and the Department of Agriculture Mid-Pacific Division. He also led the national effort to develop EHS compliance management systems for Southwest Water.
He developed more than a dozen compliance-focused environmental management systems (EMS) or Compliance Management Systems (CMS) for the US Air Force installations throughout California and Hawaii. Vandenberg AFB commissioned the development of eight EMS (referred to as Environmental Management Action Plans (EMAP) in response to Executive Order 13148. The EMAPs were developed in order to provide systems and strategies to assist the remote site operators in their efforts to comply with all applicable environmental laws and requirements as well as to incorporate the basic elements of an EMS to provide enhanced pollution prevention objectives. The EMAPs evaluated the effectiveness of remote site operators in performing environmental compliance duties on behalf of Vandenberg AFB. The management plans addressed hazardous waste management, water quality, lead, asbestos, polychlorinated biphenyls, pesticides, and radon. These CMSs were referred to as media-specific Compliance Action Plans that evaluated current compliance and developed programmatic management systems and strategies to exceed compliance standards and go beyond environmental performance standards.
EHS Audits
Mr. Lucks has led or participated in nearly 500 major multimedia environmental health and safety compliance and management systems audits to assess internal compliance with environmental standards. The compliance audits included evaluation of compliance with California and federal rules governing hazardous waste management (under RCRA), hazardous materials, air quality, water quality, and other toxics requirements. He designed the EHS national audit program for NASA, FAA, and the National Park System, Mid-Pacific Region. Mr. Lucks designed and taught several coaching courses for the CPEA exam on behalf of the Institute of Internal Auditors, for private companies, and the University of California, Extension program.
Environmental Permitting
Permitting Author, Wrote the permitting chapter in law school textbook comprehensively addressing California environmental law and permitting: California Environmental Law and Policy a Practical Guide.
Lawrence Berkeley National Laboratory Led site-wide strategy for permitting wastewater and categorical pretreatment operations for premier research and development operations.
Calpine, Sunnyvale, California. Completed the site survey due diligence and permit acquisition strategy that led to breaking ground on a natural gas, combined cycle power plant near Sunnyvale, CA. The project received an Application for Certification (AFC) from the California Energy Commission (CEC).
Port of Oakland, Oakland, California. Managed the development of several spill prevention control and countermeasure (SPCC) plans for the Port of Oakland.
Confidential Cogeneration Power Plants. Developed several confidential power plant AFCs for several thermal power plant projects over 50 megawatts.
Shore Terminals, Northern California. Involved in the permit acquisition effort to obtain five Alcohol Fuel Producer’s permits for Shore Terminals in Northern California. Permits allowed for denaturing of alcohol with ethanol at fuel terminals.
Texaco Cool Water, Bakersfield, California. This natural gas, combined cycle power plant in Bakersfield, CA involved a permit application strategy and completion of the AFC application.
Oil Pipeline and Pumping Stations, California. Led the permit acquisition strategy for a crude oil pipeline from Southern California to the San Francisco Bay area. This involved a multi-media permitting, an initial study pursuant to the California Environmental Quality Act (CEQA), and development and submission of permit applications.
Manufacturer, California. Prepared Authority to Construct (ATC) permit and Permit to Operate (PTO) applications for 23 inline printing presses, five glue-seal paper cup machines, and a flexographic printing press for a paper cup manufacturer in the San Joaquin Valley Air Quality Management District. The application provided for Best Available Retrofit Control Technology (BARCT) for existing operations, Best Available Control Technology (BACT) for new operations, and air emission offset credits from a community bank.
Hazardous Waste Facility. Prepared an Environmental Impact Report (EIR) for a hazardous waste treatment facility that was initially challenged alleging legal inadequacy. The lawsuit was dismissed on all counts and the EIR was found to have met the legal standard for environmental disclosure.
CEQA Analysis. Drafted CEQA analysis submitted to the SCAQMD that evaluated the impacts of air toxics as a result of proposed rule 1401.
Geothermal Inc. California Developed a permit application for a phytoremediation and spray evaporation project for the Geothermal Inc. Landfill in the Lake County Air Pollution Control District.
Manufacturer, California. Prepared environmental permitting strategy and crucial path analysis of permitting requirements for a chemical manufacturer, several cogeneration power plants, an oil pipeline and pumping station, an appliance manufacturer, and a fiberglass manufacturer in California.
Arizona Department of Environmental Quality, Arizona. Performed an air quality study for the Arizona Department of Environmental Quality evaluating the implications of establishing a plant-wide definition of “source” for the purpose of permitting new or modified sources in nonattainment areas and under the Prevention of Significant Deterioration (PSD) program. The analysis additionally identified other regulatory approaches that in establishing a plant-wide definition for source would compensate for a relaxation in the permitting requirements.
Manufacturer. For a major, confidential aerospace manufacture, completed an analysis of the implications of the 1990 Clean Air Act Amendments to manufacturing a new line of airplanes.
Regulatory Compliance Analysis, Arizona. Led the regulatory compliance analysis of a Title V Operating Permit application for Davis Monthan Air Force Base, Arizona.
Water Treatment Operator, California. Developed two dozen CMSs for a drinking water and wastewater treatment operator in California. The CMSs addressed Management of Change within the organizations, assisted with proactive compliance management, and established clear documentation of responsibilities.
EH&S Training
For over 30 years, has served as a lead instructor at the University of California and Extension (Berkeley, Davis, and Santa Cruz campuses) teaching several courses on environmental law, policy, and sustainability. Recently taught an environmental laws and auditing course for SCE and has delivered several environmental compliance courses for PG&E. Has taught courses at the university and for the private sector on the Natural Step (TNS), multi-media environmental law programs, environmental auditing, environmental legislation, air quality, hazardous waste, water quality, site assessment, and remediation. He is the primary instructor for the Environmental Law and Auditing course for the Institute of Internal Auditors and has taught scores of courses for industry clients ranging from Pacific Gas & Electric, United Water, and Southwest Water.
Sustainability Visioning & Strategies
Lawrence Berkeley National Laboratory/Sanford Linear Accelerator Codeveloped the Environmental Management System (EMS) for Lawrence Berkeley National Laboratory (LBNL) and the Stanford Linear Accelerator Center (SLAC). Served as EMS Manager for LBNL and led the EMS third party audit of SLAC.
SMUD, Sacramento, California. Currently leading the Sustainability strategy program for SMUD in Sacramento, California where he and his team are designing the Environmental Sustainability Plan for SMUD. Also leading the development of a long-term sustainability strategy for BioMarin in Novato, California.
Hewlett Packard. Mr. Lucks completed a comprehensive analysis comparing the respective advantages and criteria for obtaining international certificates governing enhanced performance in environmental and social indices for Hewlett Packard. He served on a panel for the Environmental Audit Roundtable where he presented on the comparative benefits of the CSR standards.
New United Motor Manufacturing, Fremont, California. Co-led a series of sustainability trainings to manufacturing managers at the auto manufacturing facility, NUMMI (New United Motor Manufacturing Inc.), in Fremont, California. The trainings were designed to educate staff on the values of meeting and exceeding environmental regulatory requirements and to creatively fashion cost-saving solutions that improved environmental performance. As a result of the trainings the auto plant identified $140,000/year savings from water conservation and $800/month in energy savings (by shutting off 200 fans not used on the weekends).
Gallo Wines and Gilead Sciences. Led corporate Sustainability Planning initiatives for Gallo Wines and Gilead Sciences. Worked with Gilead’s Sustainability Task Force to facilitate the selection of a sustainability model, develop a strategic plan, and outline the key steps for near-term implementation and short and long-term strategic sustainability plans for five and 15-year periods. Supported Gilead’s Environmental Health and Safety (EH&S) department in developing and implementing a sustainability program in three phases involving, near term, midterm, and long term.
Hilmar Cheese Company. Assisted the company\ in its effort to build a comprehensive sustainability vision and management program. Project entailed working with Hilmar to identify indicators to evaluate, at a minimum, raw materials utilization, energy and water consumption, wastewater discharges, air emissions, solid and hazardous waste generation, and biodiversity. Used Global Reporting Initiative (GRI) metrics to review and evaluate current ongoing practices and activities at Hilmar that impact its “environmental footprint.” Measured state of environmental and sustainability performance of Hilmar operations.
Sustainable Earth Initiative. Co-founder of the Sustainable Earth Initiative (SEI) designated by the United States Environmental Protection Agency (USEPA) to lead an initiative, known as the Public Entity EMS Resource (PEER) Center, to promote assist local government and other public sector organizations in sustainability and promoting Environmental Management System (EMS) methodologies. SEI served several public entities in California, Arizona, and Nevada. SEI worked with these entities to educate, plan, and facilitate more effective environmental management strategies as well as to promote the concept of sustainability.
Environmental Management Systems
Developed several compliance-focused and sustainability-oriented environmental management systems (EMS) for airports, wastewater treatment plants, United States Air Force installations, Pacific Gas & Electric, and the United States Department of Agriculture. Developed the EMS handbook for Walmart’s 100,000 members of its supply chain. Developed an integrated health, safety, and environmental management system for the Lawrence Berkeley National Laboratory (LBNL). Led a study evaluating the feasibility of implementing EMS and integrated environmental, health and safety management systems in public school districts for the Los Angeles Unified School District and the United States Environmental Protection Agency. Completed EMS documentation for Stanford Linear Accelerator Center (SLAC) EMS, providing consultation on the adequacy of the EMS as developed by SLAC.
Sustainability and Corporate Social Responsibility (CSR)
Hewlett Packard. Completed comprehensive analysis comparing respective advantages and criteria for obtaining international certificates governing enhanced performance in environmental and social indices for Hewlett Packard. Served on a panel for Institute of Internal Auditors. Presented on the comparative benefits of the CSR standards.
Avery Dennison. Advised corporate leadership on managing risk of greenwashing considering the Federal Trade Commission’s regulations.
Chobani. Developed a five-year sustainability road map and vision.
Pollution Prevention
United States Navy. Managed preparation of several solid waste management plans for the United States Navy. These plans characterized volumes of waste generated and developed pollution prevention strategies for reducing wastes generated and to improve recycling and composting.
DOE Experiance
Mr. Lucks has deep experience supporting the United States Department of Energy.
Lawrence Livermore National Laboratory Mr. Lucks led the development of a compliance-focused Environmental Management System. He also led several environmental law and compliance courses ranging from hazardous waste management to hazardous materials compliance. He also supported the Decontamination Waste and Treatment Environmental Impact Report.
Lawrence Berkeley National Laboratory Mr. Lucks co-designed the Laboratories Integrated health, safety, and environmental management system and currently serves as the interim EMS Program Manager. He also designed and built Berkeley Lab’s compliance management audit program. He led the effort to publish the 2018 Site Environmental Report (SER).
Stanford Linear Accelerator Mr. Lucks co-designed the Environmental Management System for SLAC. He also annually leads environmental regulatory and legislative update seminars for EHS staff. He also led the effort to perform on-call environmental regulatory compliance support and counseling. Mr. Lucks also performed the triennial third party EMS conformity audit.
Oak Ridge National Laboratory Mr. Lucks performed two multi-media environmental compliance audits of the Y12 facility and related operations.
National Nuclear Security Administration Mr. Lucks led several environmental law and compliance courses to NNSA personnel.
Representative Publications
Lucks, Gary 2023. “2023 Environmental Law News: The 2022 Environmental Legislative Session: Ramping up Climate Ambitions
Lucks, Gary 2022. “2022 Environmental Law News: The 2021 Environmental Legislative Update: A Return to Normalcy
Lucks, Gary 2021. “2020 Environmental Legislative Update: Pandemic Paralysis, August 2021
Lucks, Gary 2020. “2019Environmental Legislative Update: Change of the Guard”, February 2020
Lucks, Gary, 2019. “2018 Environmental Legislative Recap—The End of an Era,” February 2019
Lucks, Gary, 2018. “2017 Environmental Legislative Recap—The 2017 Environmental Legislative Recap: Facing an Unprecedented Risk to California’s Environmental Legacy, March.
Lucks, Gary, 2017. “The 2016 Environmental Legislative Recap—An Unconventional Election Year Defending a Legacy, March.
Lucks, Gary, 2016. “2015 Environmental Legislative Recap—Settling in and Taking a Breath,” California Environmental Law Reporter, March.
Lucks, Gary, 2015. “2014 Environmental Legislative Recap—Election Year Drought,” California Environmental Law Reporter, March.
Lucks, Gary, 2014. “2013 Environmental Legislative Recap: A Break in the Perpetual Gridlock,” California Environmental Law Reporter, March.
Lucks, Gary, 2013. “2012 Environmental Legislative Recap—The Calm Before the Storm,” California Environmental Law Reporter, March.
Lucks, Gary, 2012. “The 2011 Environmental Legislative Recap: A Touch More Green,” California Environmental Law Reporter, March.
Lucks, Gary, 2010. “2010 Environmental Legislative Recap—Public Policy Paralysis,” California Environmental Law Reporter, Matthew Bender Publisher, February.
Lucks, Gary, 2009. “2009 Environmental Legislative Recap—A Nation-State on its Knees,” California Environmental Law Reporter, Matthew Bender Publisher, February.
Lucks, Gary, 2008. Guide to California Environmental Law and Policy: A Practical Guide, Solano Press Publisher.
Lucks, Gary, 2006. “Environmental Auditing in California,” California Environmental Law and Land Use Practice treatise.