Thomas H. Clarke, Jr.
Firm: Ropers, Majeski, Kohn & Bentley A Professional Corporation
Address: 150 Spear Street, Suite 850
San Francisco, CA 94105
Membership: MEMBERSHIPS & ASSOCIATIONS•State Bar of California •Washington, D.C. Bar Association
University: University of California, Berkeley, B.A., 1967; George Washington University, M.S. in Environmental Science, 1979, University of California, Berkeley Boalt School of Law, J.D., 1970
Admitted: 1971, California; 1978, District of Columbia; U.S. Court of Appeals for the Ninth Circuit; Supreme Court of the United States
Biography: EXPERIENCEFor up-to-date information, check my blog, Ear To The GroundThomas H. Clarke, Jr., joined RMKB in 1991 and is Chair of the firm's Environmental Practice Group. He is AV rated by Martindale-Hubbell and has been listed for several years in Northern California Super Lawyers magazine.Mr. Clarke has over 35 years of experience with virtually all aspects of environmental counseling and litigation. He has represented, among others, major industrial and service companies, commercial and residential property owners, operators, and developers, trucking companies, and financial institutions. Mr. Clarke's environmental practice encompasses both state and federal litigation and regulatory actions involving CERCLA, RCRA, CEQA, Porter-Cologne Act, Proposition 65, underground storage tanks, toxic torts, hazardous wastes and substances, environmental nuisance and trespass, environmental assessments and taxes, landfill permitting and closures, and transactional matters pertaining to real property sales and development. Mr. Clarke also represents companies in unfair business practice, false advertising, and Consumer Legal Remedy Act litigation.Mr. Clarke has been published extensively in various trade and legal journals, including U.S. Business Litigation, For the Defense, Mortgage Banking, The REIT Report, Facility Management Journal, Silicon Valley/San Jose Business Journal, California Real Estate Journal, The National Law Journal, and the Daily Journal. He has been quoted in a number of daily and business publications, such as The Wall Street Journal Online, East Bay Business Times, Silicon Valley/San Jose Business Journal, San Francisco Examiner, San Francisco Daily Journal, among others, and has lectured on environmental and toxic tort matters, constitutional law, data privacy, and business risk, including at the Royal Institute of International Affairs.Prior to joining RMKB, Mr. Clarke served as Principal Consultant (Chief of Staff) to the Assembly Committee on Criminal Justice from 1973 through 1976, and from 1977 through 1980, he worked for President Carter in the Executive Office of the President, Council on Environmental Quality (CEQ).Mr. Clarke obtained his B.A. degree from the University of California at Berkeley in 1967, J.D. from Boalt Hall School of Law in 1970, and M.S. degree in Environmental Science from George Washington University in 1979. NEWS•LexisNexis Litigation Resource Center Podcast: Thomas Clarke on Substances on the Toxic Tort Horizon LexisNexis Communities - May 12, 2011 Thomas H. Clarke, Jr. Thomas H. Clarke was featured in the LexisNexis Communities podcast where he discusses issues surrounding bisphenol-A, bisphenol AF, Chinese drywall and formaldehyde. •Framers Wanted Commerce Under Federal Control San Francisco Daily Journal - Letters to the Editor - July 7, 2009 Thomas H. Clarke, Jr. •The New York Times, Science Section December 18, 2007 Thomas H. Clarke, Jr. Re “Laws of Nature, Source Unknown” (Dec. •Major Victory for Water Companies in water Contamination Case Penn Well -- Water Word Online - October 4, 2007 Thomas H. Clarke, Jr. •Pomona City Yard Polluted - Test underway to determine severity Inland Valley Daily Bulletin - August 7, 2003By Monica Rodriguez Thomas H. Clarke, Jr. Thomas H. Clarke, Jr., the City of Pamona's environmental lawyer, said the city has taken the bit and spared no expense and will move as quickly as it possibly can to address the problem. •“Supreme Court to take up Nike and free speech; S.F. activist sued, saying firm lied about working conditions, ” San Francisco Chronicle - January 11, 2003By Bob Egelko Thomas H. Clarke, Jr. San Francisco attorney Tom Clarke, who represents the Council of PR Firms, said the state court's definition of commercial speech -- or advertising -- was so broad that virtually no one with a financial motive is protected -- for example, an author promoting a book, or a politician or interest group raising funds. •Proposition 65 - What You Do Not Know Will Hurt Your Business Smart Business - August 2, 2013 Thomas H. Clarke, Jr. RMKB Partner Thomas Clarke Jr. was interviewed by Smart Business, in the article Proposition 65 - What You Do Not Know Will Hurt Your Business. •Ropers, Majeski, Kohn, Bentley, PC Named One of California's Top Ranked Law Firms by LexisNexis Martindale-Hubbell Martindale-Hubbell - August 1, 2015 Jennifer E. Acheson, Tim M. Agajanian, Lael D. Andara, Stephan A. Barber, John M. Bentley, Scott W. Bermack, Lawrence Borys, Michael J. Brady, Chi-Hung A. Chan, Thomas H. Clarke, Jr., Kevin P. Cody, Pamela E. Cogan, Stephen J. Erigero, Susan H. Handelman, Nicole S. Healy, James C. Hyde, Michael J. Ioannou, Gerald G. Knapton, John A. Koeppel, Jesshill E. Love, Brock R. Lyle, David M. McLaughlin, Frank J. Pagliaro, Dean A. Pappas, Todd A. Roberts, Arnold E. Sklar, Kathleen Strickland, Dennis J. Ward, George G. Weickhardt, Eric C. Weissman, Richard K. Wilson, Matthew D. Zumstein LexisNexis Martindale-Hubbell has elected RMKB as one of California's Top Ranked Law Firms for 2015.PUBLICATIONS•Ignorance is Risk: Response Options to NSA Monitoring Of Attorney-Client Communications, Part 2 LexisNexis' Legal Newsroom Litigation - July 24, 2013 Lael D. Andara, Thomas H. Clarke, Jr. •Ignorance Is Risk: Impact of NSA Monitoring Technologies On Attorney-Client Communications, Part 1 LexisNexis' Legal Newsroom Litigation - July 23, 2013 Lael D. Andara, Thomas H. Clarke, Jr. What obligations require attorneys to protect their client communications, and what practical steps can be taken to meet statutory and ethical obligations related to confidentiality? Is there a real risk, or is the risk limited to action movies? Read Part 1 of Ignorance is Risk below. •Limited Sampling Indicates The Reasonable Possibility of Ubiquitous Exposure To The Phthalate DEHP In The U.S. Population ComplianceOnline - May 29, 2013 Thomas H. Clarke, Jr. Developing a new defense strategy for a Proposition 65 case in California, the authors undertook a variety of QA/QC procedures to be assured that their test results regarding exposure to DEHP [Toxnet, 2012A] from the consumer product at issue had precision and validity. •Attempt to Fix Prop. 65 Misguided The Daily Journal - March 19, 2013 Thomas H. Clarke, Jr. Partner Thomas H. Clarke, Jr. published the article “Attempt to fix Prop. •The Flaws of Prop. 65 Litigation The Recorder - May 30, 2012 Thomas H. Clarke, Jr. Environmental Practice Group Chair and Partner Thomas H. Clarke, Jr. authored an article exploring the technical problems presented by Proposition 65 product testing - an undertaking that aims to determine whether consumers have been exposed to an unhealthy amount of a listed chemical. •Under Cover Best's Review - February 1, 2012 Thomas H. Clarke, Jr., Dean A. Pappas Environmental Practice Group Chair and Partner Thomas H. Clarke, Jr. co-authored an article with Partner Dean Pappas discussing the insurance implications and business opportunities of hydrofracturing - more commonly referred to as “fracking, ” the controversial oil and gas practices that has been making waves in the media as of late. •Defending Prop. 65 Law 360 - September 9, 2011 Thomas H. Clarke, Jr. Environmental Practice Group Chair and Partner Tom Clarke co-authored Proposing A Plan For Prop. 65 which was published on Law360's website, the article reviews how to develop a defense strategy in Proposition 65 litigation involving consumer products. •Environmental & Toxic Tort Update - Issue 6 August 17, 2011 Thomas H. Clarke, Jr. •Stormwater Liability Increases for Public Entities San Francisco Daily Journal - April 28, 2011 Thomas H. Clarke, Jr. Partner Thomas Clarke, Jr.'s article, “Stormwater Liability Increases for Public Entities, ” examines the recent 9th Circuit opinion holding governmental entities liable for stormwater discharge regardless of the origin of the contaminants. •Public Entities That Own Stormwater Systems Have to Treat Stormwater Before it is Discharged Public CEO - April 20, 2011 Thomas H. Clarke, Jr. Partner Thomas Clarke, Jr.'s article in Public CEO, “Public Entities That Own Stormwater Have to Treat Stormwater Before It is Discharged, ” examines the latest in stormwater regulations and discusses how public entities should follow current stormwater guidelines in the most economical way. •Environmental & Toxic Tort Update - Issue 5 March 15, 2011 Thomas H. Clarke, Jr. •Environmental & Toxic Tort Update - Issue 4 April 9, 2010 Thomas H. Clarke, Jr. •Beware of Fake Remedies Sold as Dietary Supplements Drug Topics: Viewpoint - September 9, 2009 Thomas H. Clarke, Jr. It is illegal for a manufacturer, promoter, or seller of a dietary supplement to claim, even implicitly, that a dietary supplement will treat or cure illness or disease, or their symptoms; there are few exceptions to this rule. •Environmental & Toxic Tort Update - Issue 3 August 25, 2009 Thomas H. Clarke, Jr. •Environmental & Toxic Tort Update - Issue 2 March 15, 2009 Thomas H. Clarke, Jr. •Environmental & Toxic Tort Update - Issue 1 June 12, 2008 Thomas H. Clarke, Jr. •At Writs End Daily Journal - April 7, 2008 Terry Anastassiou, Thomas H. Clarke, Jr. •Murky Waters San Francisco Daily Journal - September 12, 2007 Thomas H. Clarke, Jr. Can you make more than tea or coffee from the impurities that flow from the tap? Yes, if the target is a polluter. Probably not, however, if the target is your drinking-water provider. •Civilian Workplace Protection for Members of the Uniformed Services Employee Relations Law Journal - April 17, 2006 Thomas H. Clarke, Jr. •An Exaggerated And Ill-Conceived Sense Of Risk: The Ephemeral Nature Of California's Prosposition 65 Washington Legal Foundation - January 1, 2006 Thomas H. Clarke, Jr. •Business Law Report - Issue 2 November 2, 2004 Thomas H. Clarke, Jr. •Beware of Clever Metaphors ACCA Docket - April 1, 2004 Thomas H. Clarke, Jr. •Common Misconceptions About Discrimination Against Military Reservists And Members Of The National Guard March 22, 2004 Thomas H. Clarke, Jr. •Business Law Report October 29, 2003 Thomas H. Clarke, Jr. •Beware Clever Metaphors! Eliminate Humor. California Cases Tells Advertisers to STOP! Law Fuel.com - August 13, 2003 Thomas H. Clarke, Jr. •Illinois V. Telemarketing Associates-A Radical Increase In First Amendment Protection For Commercial Speech SF Daily Journal - June 9, 2003 Thomas H. Clarke, Jr. On May 5, 2003, the U.S. Supreme Court handed down Illinois v. Telemarketing Associates, 2003 DJDAR 4867. The case radically transforms the First Amendment protection provided to commercial speech, a subject which many observers had believed would be addressed by the court in the just-argued case of Nike v. •Mold: The New Hot Spore Claims Magazine - April 27, 2003 Thomas H. Clarke, Jr., Kevin P. Cody For the plaintiff's bar, mold is big business today. The media, ever attracted by the unusual and extreme, publish each unfounded and absurd claim, giving the impression that mold is a serious problem for the general population. •Case Limits Section 17200 Remedy To Injunctive Relief Daily Journal - April 14, 2003 Thomas H. Clarke, Jr. On March 3, the California Supreme Court handed down its long-awaited opinion in Korea Supply Co. v. Lockheed Martin Corp., 2003 DJDAR 2291 (Cal. •Kasky v. Nike March 1, 2003 Thomas H. Clarke, Jr. On behalf of two European media companies we filed an amicus brief with the United States Supreme Court in which we argued that the interpretation of Section 17500 B & PC by the California Supreme Court seriously interfered with the European Union's requirements that companies report on social, environmental, and ethical issues in their annual reports. •Court Ruling Ushers in Brave New World Silicon Valley Bisiness Ink - May 31, 2002 Thomas H. Clarke, Jr. Companies might puff a bit when it comes to describing their products or services. And consumers are rarely confused when they see the resulting advertisements or public relations blitzes. •The Environmental Self-Audit Quagmire Environmental Health & Safety Products - May 20, 2002 Thomas H. Clarke, Jr. •Proposition 65: An Overview RMKB News Letter - February 20, 2001 Thomas H. Clarke, Jr. •Litigation Targets SF Daily Journal - February 16, 2001 Thomas H. Clarke, Jr. •Green Federalism The Adviser - November 5, 1999 Thomas H. Clarke, Jr. •The California Toxics Rule RMKB Report - November 4, 1999 Thomas H. Clarke, Jr. •Is Prop 65 Bad for Business? The Recorder - November 16, 2012 Thomas H. Clarke, Jr. Attorney Thomas H. Clarke, Jr. published the article “Is Prop 65 Bad for Business?” in The Recorder. In the article, Clarke argues that Proposition 65, which regulates chemicals in consumer products in California, imposes uncertainty on businesses and may result in negative business outcomes due to vagueness in the regulation about when a chemical exposure has occurred that triggers its warning requirements. •You Know it is a Tax Scam When... Silicon Valley/San Jose Business Journal - April 15, 2005 Terry Anastassiou, Thomas H. Clarke, Jr. •Will Free Speech be Cowed? The National Law Journal - April 28, 2003 Thomas H. Clarke, Jr. •Case Alert: Exceedances of an MCL Do Not a Toxic Tort Make September 14, 2007 Thomas H. Clarke, Jr. (Also at Redwood City Office)