Andrew B. Gagen

Partner

 

PROFESSIONAL EXPERIENCE

 

         Mr. Gagen serves as General Counsel during Board of Directors’ meetings for two of the firm’s General Counsel clients.  Mr. Gagen regularly provides advice and representation in many aspects of local agency governance and operation, including Public Records Act requests, contract preparation, FPPC compliance, and Brown Act compliance.

    

         Mr. Gagen also represents Kidman Law’s clients with their litigation needs, including the defense of claims for violation of water rights, inverse condemnation, breach of contract, and prosecution of ‘stay’ proceedings.  Mr. Gagen’s representation includes attending settlement conferences and hearings in state and federal court, and preparing court documents (motions and pleadings) in support of, or in opposition to, the aforementioned claims.  Mr. Gagen most recently defended two separate claims against Kidman Law clients for alleged violation of judgments, one judgment governed an adjudicated groundwater basin and the other governed a few landowners within a non-adjudicated groundwater basin. 

 

    Prior to joining Kidman Law, Mr. Gagen practiced toxic tort litigation and business litigation for 10 years, which fully developed his skills as a civil litigator.  Mr. Gagen is also a seasoned negotiator as evidenced by the 100+ settlement conferences that he has attended during his career.  Each of these settlement conferences involved multi-party and complex science-based issues.

 

    Mr. Gagen previously represented the County of Orange during the CEQA/NEPA process for the proposed Orange County International Commercial Airport project; during which time he prepared responses to public comments and assisted with the preparation of the Draft EIR, Final EIR, and Supplemental EIR.  Mr. Gagen clerked for both the U.S. Environmental Protection Agency in Region 5, Chicago, and the Department of Justice, Environmental Enforcement Section, in Washington, D.C; during which time he focused his practice on CERCLA litigation and compliance.  Today, Mr. Gagen enjoys running, and is an avid Angels fan and Michigan Wolverine.

 

ADMITTED

    

    2000, California and U.S. District Court, Southern, Central and Eastern Districts of California

 

EDUCATION

 

  • Chicago-Kent College of Law, Illinois Institute of Technology (J.D., Certificate Program in Environmental and Energy Law, 2000) 
  • University of Michigan (B.S. in Natural Resources and Environment, 1997)

 

PUBLICATION

 

  • WHAT IS AN ENVIRONMENTAL EXPERT? The Impact of Daubert, Joiner, and Kumho Tire on the Admissibility of Scientific Expert Evidence, 19 UCLA J. Envtl. Law & Pol’y 2/401 (2002).

 

ORGANIZATIONS AND ACTIVITIES

 

  • Association of California Water Agencies
  • Orange County Bar Association, Member, Environmental Law Section
  • State Bar of California, Member, Environmental Law Section

 

 

 

 

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