Thomas M.Donnelly (Tom)


São Francisco + 1.415.875.5880

Tom Donnelly has practiced environmental law for more than 30 years. He represents clients in environmental litigation and regulatory enforcement proceedings, assists clients in securing permits and other regulatory approvals for their operations and projects, provides compliance counseling and due diligence/transactional support, and secures insurance defense and indemnity.

Tom's clients have included energy, oil and gas, and mining companies; technology companies; aerospace, engineering, and construction companies; automotive, equipment, and consumer product manufacturers; retailers; financial institutions; and real property owners and developers. He has appeared in all federal district courts in California, the Ninth and Eleventh Circuit Courts of Appeal, and California trial and appellate courts.

Tom's recent representations include: Chevron, Fluor, Owens Corning, and Wells Fargo in CERCLA, RCRA, and CWA litigation matters (including citizen lawsuits); natural resource companies in managing major environmental incidents (including defending against lawsuits filed in multiple jurisdictions); product manufacturers in Prop 65 lawsuits; Firestone, Procter & Gamble, and Toyota in regulatory enforcement matters (including CARB proceedings); GenOn Holdings and Sutter Home in securing regulatory approvals and permits for new and expanded operations (including defeating CEQA lawsuits challenging the regulatory approvals); Aerojet Rocketdyne (aerospace), Kyocera (semiconductor), and Scotts in environmental compliance matters; oil and gas, power generators, and utilities in climate change and ESG (environmental, social, and governance) matters; and banks and private equity firms in environmental due diligence for real property and other transactions. For PG&E, after a seven-week jury trial, Tom secured a verdict that a policy issued by AIG covered PG&E for wildfire property damage totaling $24 million.


  • GenOn secures three-year extension of retirement deadline, after defeating CEQA challenges, for GenOn's Ormond Beach Generating StationJones Day represented GenOn Holdings, Inc. before various energy and environmental regulatory authorities in California to secure a three-year extension of a retirement deadline for GenOn's Ormond Beach Generating Station, and defeated two CEQA lawsuits filed by a local municipality and an environmental group seeking to set aside the regulatory approvals.
  • Owens Corning secures dismissal of lawsuit alleging CERCLA and RCRA responsibilityJones Day represented Owens Corning in the defense of a lawsuit filed by the current owners of property in Southern California who sought recovery of alleged response costs under CERCLA, an order requiring cleanup under RCRA, and alleged damages under various state law claims related to environmental contamination at their property.
  • Fluor defeats RCRA and Clean Water Act citizen suit and settles CERCLA claims in CaliforniaJones Day represented Fluor Corporation in a CERCLA cost recovery and RCRA/CWA citizen suit relating to alleged contamination at its former wood treatment plant in Windsor, California.
  • Chevron defends against lawsuit relating to accidental fire at California refineryJones Day represented Chevron Corporation and Chevron U.S.A. Inc. in defense of a lawsuit filed by the City of Richmond relating to an accidental fire that occurred at CUSA's Richmond (California) refinery in August 2012.
  • Huntington Ingalls Industries acquires Alion Science and Technology for $1.65 billionJones Day advised Huntington Ingalls Industries in the $1.65 billion acquisition of Alion Science and Technology Corporation from Veritas Capital.
  • Skyworks Solutions acquires Infrastructure and Automotive business of Silicon Laboratories for $2.75 billionJones Day advised Skyworks Solutions, Inc., an innovator of high-performance analog semiconductors, in connection with its acquisition of the Infrastructure and Automotive business of Silicon Laboratories Inc. (NASDAQ: SLAB), a leading provider of silicon, software, and solutions, in an all-cash asset transaction valued at $2.75 billion.
  • Chevron defends against allegations of environmental damage from oil seeps off coast of BrazilJones Day is serving as lead U.S. counsel for Chevron with respect to various legal and administrative proceedings arising out of oil seeps that occurred off the coast of Brazil in November 2011 and March 2012.
  • Firestone Building Products resolves civil penalty and enforcement actionJones Day defended Firestone Building Products Company against a civil penalty and enforcement action brought by the South Coast Air Quality Management District (Southern California), claiming that certain roofing adhesives manufactured and sold by Firestone in California exceeded the South Coast's VOC limits. The action was resolved on favorable terms.
  • Procter & Gamble resolves regulatory enforcement actionJones Day defended The Procter & Gamble Manufacturing Company against a civil penalty and enforcement action brought by the County of Sacramento (California) Environmental Management Department, claiming that P&G had failed to comply with certain hazardous waste regulations at its Sacramento plant.
  • Huntington Ingalls sells San Diego Shipyard to Titan Acquisition HoldingsJones Day advised Huntington Ingalls Industries in the sale of its San Diego Shipyard to Titan Acquisition Holdings.
  • Oil and gas companies obtain advice on issues associated with California's efforts to reduce greenhouse gas emissionsJones Day is providing counseling and advice to oil and gas companies on various issues associated with the State of California's efforts to reduce greenhouse gas emissions, including California's low carbon fuel standard, and California's cap and trade program.
  • Lennar successfully resolves California Proposition 65 lawsuit involving alleged environmental exposure to naturally-occurring asbestosJones Day secured dismissal of a California Proposition 65 lawsuit filed against Lennar Corporation and related entities claiming that Lennar did not provide adequate warning about alleged environmental exposure to naturally-occurring asbestos during grading for development of real property in California.
  • Gruma resolves California lawsuit claiming that tortilla chips and other starchy products require Proposition 65 warningOn behalf of Gruma Corporation, the manufacturer of Mission Food tortilla chips and similar food products, Jones Day successfully resolved a lawsuit filed under California's Proposition 65 by the California Attorney General's office, alleging that Gruma's tortilla chips (as well as scores of other starchy products manufactured by other defendants) require a Proposition 65 warning because they contain acrylamide, a chemical that naturally occurs when starchy food products are heated above a certain temperature.
  • Perfect Equipment resolves California Proposition 65 lawsuit involving wheel balancing weightsOn behalf of Perfect Equipment, Inc., the largest U.S. manufacturer of wheel balancing weights, Jones Day defended a California Proposition 65 lawsuit filed by an environmental public interest group claiming that lead wheel weights can fall off tires, become abraded over time, and thus potentially discharge lead to drinking water supplies, in alleged violation of Proposition 65's discharge prohibition.
  • Woodstream Corporation resolves California citizen group lawsuit asserting Proposition 65 claimsOn behalf of Woodstream Corporation, a manufacturer of fertilizers and pesticides, Jones Day successfully resolved a lawsuit filed by a purported "citizen group" under California's Proposition 65, claiming that two of Woodstream's pest control products require a Proposition 65 warning because they allegedly contain crystalline silica.
  • Aerojet-General successfully challenges California city's efforts to order the placement of utility switching station and other structures on property remediated for future residential and commercial developmentJones Day represents aerospace company and defense contractor Aerojet-General Corporation in a variety of environmental regulatory, litigation, and land use matters.
  • Sutter Home secures permit to expand Lodi, California winery over environmental group objectionsJones Day attorneys recently assisted Sutter Home Winery, Inc. in securing waste discharge requirements ("WDRs") from the Central Valley Regional Water Quality Control Board for a substantial expansion of Sutter Home's winery in Lodi, California, notwithstanding a legal challenge filed by an environmental group.
  • Kyocera seeks counseling on environmental compliance and regulatory supportJones Day provides environmental compliance counseling and regulatory support to Kyocera International, Inc.
  • NVIDIA receives assistance on environmental law mattersJones Day is providing general environmental compliance counseling to NVIDIA, a leading manufacturer of visual computing technologies.
  • SanDisk receives advice regarding real property transactions and environmental complianceJones Day represents SanDisk Corporation, a leading data storage manufacturer, in connection with real property transactions (including conducting the related environmental due diligence), and also provides SanDisk with general environmental compliance counseling.
  • Citigroup, Credit Suisse, Merrill Lynch, and Deutsche Bank, as representatives of underwriters, complete concurrent offerings by KB Home of $400 million of Senior Notes and $143.7 million of Common StockJones Day represented Citigroup Global Markets Inc.; Credit Suisse Securities (USA) LLC; Merrill Lynch, Pierce, Fenner & Smith Incorporated; and Deutsche Bank Securities Inc., as representatives of the underwriters, in connection with a public offering of $400 million of 4.75% Senior Notes due 2019 by KB Home, one of America's premier homebuilders, and concurrent $143.7 million public offering of 7,986,111 million shares of KB Home Common Stock.
    • June 6, 2013
      Jones Day Chicago 2013 MCLE University
    • January 26, 2011
      New Restrictions on Greenhouse Gas Emissions, Jones Day Silicon Valley (Presentation slides)
    • November 9, 2010 and November 17, 2010
      Beyond Cap and Trade: Climate Change Regulation Under the Clean Air Act Arrives
    • June 8, 2010
      EPA’s New Greenhouse Gas Rule for Facilities: Climate Change Regulation Via the Clean Air Act
    • September 17, 2008
      Climate Change Litigation and Corporate Risk: Navigating in an Uncertain Climate