Nearly 30 Years Of Representing Businesses And Their Owners

California Environmental Law Attorneys

Our attorneys have represented businesses, owners, and corporate officers in state and federal courts and before local, state, and federal administrative agencies, in matters that involve environmental statutes and regulations.

Relevant Experience in Environmental Law includes:

Regional Water Quality Control Boards, Environmental Protection Agency and Air District investigations and enforcement actions
Underground storage tank compliance and tank fund applications
Federal and State Superfund sites cost-recovery for environmental damages
Environmental due diligence for commercial real estate and business transactions
Prosecution and defense of citizen suits under federal and state statutes
Land Use Entitlements and Permitting of energy projects including digesters, wind turbines, solar farms, co-generation facilities and ethanol producers
Proposition 65 Compliance and Litigation
Compliance and defense and prosecution of cases under CEQA
Defending personal injury suits from alleged exposure to hazardous substances, also known as “toxic torts”

What Should I Do If I Receive A Notice Of Violation (NOV)?

Receiving a Notice of Violation (NOV) from a regulatory agency requires a prompt and organized response. Important steps include:

Review the notice carefully to identify the specific alleged violations and any compliance deadlines
Gather relevant records, such as permits, inspection reports, maintenance logs and staff training documentation
Document all operational details related to the alleged violation
Avoid missing deadlines, as this can lead to automatic penalties
Seek legal guidance from environmental counsel before responding to the agency

Responding thoughtfully and in good faith can help demonstrate compliance efforts and protect your position moving forward.

How Does Environmental Due Diligence Work In A Real Estate Deal?

Environmental due diligence usually starts with a Phase I Environmental Site Assessment (ESA), which reviews site history, records and conditions to identify concerns. If needed, a Phase II ESA follows with testing of soil, groundwater or building materials.

These findings guide deal terms and may affect price, indemnification or insurance. Proper due diligence also helps buyers qualify for liability protections under laws like CERCLA.

What Are The First Steps In Addressing Potential Site Contamination?

When potential contamination is discovered, immediate containment measures may be necessary to prevent spreading. Simultaneously, a qualified environmental consultant should be engaged to characterize the nature and extent of contamination through appropriate sampling and analysis. This information determines what regulatory programs apply and what reporting obligations exist.

Work with legal counsel to develop a comprehensive remediation strategy that addresses regulatory requirements while minimizing business disruption and controlling costs.

How Can I Ensure My Business Complies With Prop 65?

Proposition 65 compliance begins with a comprehensive inventory of all products sold or distributed in California to determine if they contain any of the 900-plus listed chemicals. For products containing listed substances, evaluate whether exposures exceed the “safe harbor” levels that trigger warning requirements.

If warnings are required, they must follow specific language and format requirements that were substantially updated in 2018. Implement a monitoring system to track new chemicals added to the Prop 65 list and establish protocols for supplier verification to manage compliance throughout your supply chain.

What Are The Potential Liabilities For Corporate Officers In Environmental Matters?

Corporate officers may face civil and criminal liability for environmental violations, especially when they have direct oversight or knowledge of compliance issues. Personal liability can include cleanup costs, penalties and natural resource damages.

Start Today To Get The Answers That You Seek

Get help and put a resolution of your current challenge in motion. Schedule a consultation by calling 559-248-4820 or sending an email inquiry. We will get back to you promptly.