Robert D. Infelise

Bob Infelise is a litigation attorney with a focus on environmental matters.

Bob handles high-stakes litigation in a broad range of substantive areas for real estate developers and investors, financial institutions and high net-worth individuals. In an era in which few matters actually go to trial, he has tried forty matters to judgment. He handles matters in a broad range of substantive areas, including environmental law and tax.

In addition to his practice, Bob is the Christopher Edley, Jr. Lecturer at Berkeley Law. Depending on the semester, he teaches Environmental Law & Policy, Introduction to Hazardous Waste, the Environmental Law Writing Seminar, Climate Change & the Law, Pathways to Carbon Neutrality, Remedies and Evidence. Beginning with the 2026-27 academic year, Bob will teach a course focused solely on the Clean Water Act. From 2002 to 2004, Bob was the acting head of Berkeley Law’s renowned environmental law program. He has also served as the acting executive director of the Center for Law, Energy and the Environment.

Environmental Matters 

Bob has litigated disputes involving the federal Comprehensive Environmental Response, Compensation, and Liability Act, the Resource Conservation and Recovery Act, and the Clean Water Act, as well as their state law analogues and associated common law claims; and California’s Proposition 65. He has also represented defendants in actions brought under the federal Americans With Disabilities Act and its state law analogue. He was lead counsel for a lender and developer in one of the few environmental cost recovery actions tried to a jury. Bob was also co-counsel for the developer plaintiff in the seminal case in California focusing on stigma damages.

Tax-Related Matters 

Bob has represented taxpayers in connection with complex tax deferral and minimization strategies in the federal courts and before the Internal Revenue Service, the U.S. Department of Justice, and the California Franchise Tax Board. He represented high net-worth clients against a major accounting firm stemming from its mass marketing of a tax deferral strategy.

Represented an industrial facility in a favorable resolution of a federal court action brought under the federal Resource Conservation and Recovery Act (RCRA) and the California Hazardous Waste Control Law (HWCL).

Represented an industrial facility operating under a Clean Water Act (CWA) permit in transitioning to operation under California’s Waste Discharge Requirements.

Fended off potential CWA citizen suits for real estate developers and a restaurant chain.
Represented a developer/defendant in an action for recovery for fear of cancer associated with exposure to naturally occurring asbestos.

Obtained favorable settlement that required a redevelopment agency which sold contaminated property to a developer to remediate the site that was contaminated with hydrocarbons.

Obtained multi-million dollar jury verdict for a New York-based developer with plans to build a hotel in Southern California in an action against oil companies and adjacent landowners arising out of the discovery that the land on which the hotel was to be built was contaminated with petroleum hydrocarbons.

Obtained summary judgment for a plumbing manufacturer that produced bombs during WWII under an order from the Department of Defense in an action brought under RCRA, CERCLA and HWCL brought by the property's current owner.

Represented a developer in an action brought by a homeowner’s association under RCRA and HWCL.

Obtained summary judgment for a developer which was sued under RCRA and HWCL for burying DDT-laden soil under the streets in a new development.

Represented developers and landowners against neighboring and upstream landowners alleging that our clients were responsible for contaminating our clients' property.

Obtained favorable jury verdict for a bank and a hotel developer suing a neighboring landowner and tenant for polluting the clients' property. The appellate decision arising out of the verdict continues to set the standard for the liability of a landlord for pollution caused by a tenant.

Obtained a successful writ from decision of trial court refusing to enforce judicial reference provision in purchase and sale agreements between a developer and homeowners.

Obtained a walk-away settlement in favor of a developer who had entered into a joint venture with another major developer to build several large communities in San Joaquin County that was being accused of various intentional torts and contractual claims.

Obtained judgment in favor of a developer/defendant following demurrer to claim seeking to invalidate a purchase and sale agreement to which plaintiff was not a party on the grounds that the developer violated unfair competition" statutes for including a judicial reference provision.

Represented developers in a claim that the defendants engaged in a scheme to communicate with, solicit and steal actual and potential clients represented by the firm in a construction defect case in which the causes of action included torts and California’s unfair competition law.

Obtained a judgment in favor of the owner of office, commercial and industrial space in a case brought by tenants challenging the owner’s ability to pass through increases in property taxes of about $40 million to tenants when the properties were sold.

Represented a landlord public pension fund against commercial tenant in unlawful detainer action.

Defended a developer in a case brought by buyers of property who refused to consummate the sale and sought recover the deposit which was retained as liquidated damages under the express terms of the agreement.

Represented a client in connection with an FTB audit.

Professional Affiliations

Christopher Edley, Jr. Lecturer

Center for Law, Energy and the Environment Advisory Committee, Chairperson

Foundation of the State Bar, Board of Directors

Association of Business Trial Lawyers, Member

State Bar of California, Environmental Section, Member

Bar Association of San Francisco, Environmental Section, Member

Environmental Section, State Bar of California, Member