Chair of the firm's Environmental Team, Preston assists property owners, developers, pension funds, lenders, and municipalities to craft environmental risk management strategies in the context of real estate acquisition, financing, and development. He focuses on identifying legal risk associated with contaminated properties, and in finding solutions to address those risks.
Preston also represents purchasers of contaminated properties, known as brownfields, negotiating with government agencies to help minimize his clients' environmental liabilities using tools such as the California Land Reuse and Revitalization Act, the Polanco Act, and the Brownfields Revitalization and Environmental Restoration Act. One of Preston's foremost areas of expertise is in assisting clients to obtain and tailor environmental insurance policies to address environmental issues associated with real property. In that capacity, he has helped clients procure over 500 environmental insurance policies for brownfields sites.
In addition, Preston has litigated a variety of environmental matters including lawsuits brought to recover cost of environmental cleanups, mold exposure claims, Proposition 65 actions, and insurance recovery actions. Preston was co-lead counsel in the seminal 3000 E. Imperial, LLC v. Robertshaw Controls Company, et al., which established for the first time that a property owner could acquire contaminated property, even with knowledge and at a discount, and recover 100% of the cost of remediation from responsible parties.
Preston is a member of the National Brownfields Association, the California Solar Energy Industries Association, and the National Association of Industrial and Office Properties and has written numerous articles on environmental issues. His published articles have dealt with brownfields redevelopment, environmental insurance, green building, mold, electromagnetic fields, OSHA asbestos standards, Proposition 65, and the federal Clean Air Act's transportation control measures.