Representative Cases

Climate & Clean Energy Law

  • Represented environmental and community groups in challenge to El Paso Electric’s application for air permit for new gas plant; negotiated a settlement that required utility to agree to four-year moratorium on new fossil fuel development, retirement of two existing fossil units, and payment in $900,000 towards pollution reduction measures.
  • Briefed and argued two complex appeals related to the regulation of ozone pollution under the Clean Air Act, resulting in a unanimous decision in my clients’ favor. See Clean Wisconsin v. EPA, 964 F.3d 1145 (D.C. Cir. 2020).
  • Co-authored a petition for U.S. Supreme Court certiorari in NRDC v. Mexichem Fluor, Inc. (U.S., No. 18-2), a case involving regulation of high-global-warming-potential refrigerants.
  • Represented environmental groups in a formal rulemaking proceeding before the New Mexico Oil Conservation Commission that resulted in a ban on routine flaring from oil wells.
  • Represented environmental groups in formal rulemaking before the New Mexico Environment Department that resulted in New Mexico becoming the 16th state to adopt zero-emission vehicle standards.
  • Briefed and argued an appeal before the Fifth Circuit, related to the regulation of air pollution in San Antonio, Texas. See Texas v. EPA, 983 F.3d 826 (5th Cir. 2020).

Business and Commercial Litigation

  • Served as co-counsel for a design consultant seeking payment in connection with a $22 million real estate transaction; defeated motion to dismiss and obtained summary adjudication of key question of contract interpretation, resulting in a seven-figure settlement. See Palumbo Design v. 1169 Hillcrest, 2020 WL 5267566 (C.D. Cal. 2020).
  • Represented founder of tequila company in dispute with business partner; litigated trademark and breach-of-contract claims in federal court; negotiated sale of founder’s interest in the company. See Etereo Spirits, LLC v. James R. Ling, 2021 WL 3914256 (C.D. Cal. July 15, 2021)
  • Represented business owner whose property was damaged by a downed powerline in negligence suit against utility; defeated motions to dismiss and motions for summary judgment before settling for substantially all of client’s demand.
  • Represented manager of cannabis dispensary, and defeated ex parte applications to appoint a receiver filed by minority owner.

Client Reviews

Very knowledgeable! We hired Mr. Baake after our previous lawyer was suspended just one month before our trial date. We are so glad we found him! We were being sued for $250,000, and were going to lose our case. Mr. Baake was much more knowledgeable. He brought up several issues that our other...

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We run a small business in AZ and had a customer in New Mexico who hadn’t paid us for product and services rendered. The customer was in the process of trying to sell their business so we had to intervene in their sale to get our proceeds. It was an out of the box kind of situation and David took it...

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David is our go-to attorney for resolving contract and real estate disputes. He isn't afraid to go up against big corporations to fight for what is right, but always keeps an eye on how to resolve matters in a way where the out-of-pocket cost for us is minimized. We trust David's opinion both on...

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