Services

: Environmental :

enviromentSmithTrager's Environmental Law practice is extremely broad and diversified. We provide advice on issues that arise during the course of an investigation and cleanup of a site. In addition, we advise clients on federal and state regulatory programs, including those related to:

  • Superfund sites
  • Underground storage tanks
  • Solid waste
  • Hazardous waste generation, management, handling, transportation, storage and permitting
  • Water Quality
  • Air Quality
  • Asbestos management and abatement issues
  • Storm water discharge and other non-point source issues
  • Disclosures required under securities laws and accounting standards
  • Oil spill contingency planning
  • Construction on impacted sites
  • Community-Right-to-Know issues

When necessary, we initiate and defend lawsuits involving environmental issues and disputes, including:

  • Federal and State enforcement actions
  • Nuisance and trespass claims
  • Superfund liability
  • Cost allocation and recovery

We also represent clients in real estate transactions involving impacted properties, including:

  • Drafting and negotiating remediation, disposition and development agreements
  • Negotiating with appropriate regulatory agencies on cleanup options and alternatives for contaminated properties
  • Counseling buyers, sellers and lenders on environmental due diligence associated with impacted properties and negotiating the terms under which such properties are purchased, sold and financed.

Representative Matters in Environmental Law

  • Represented a chemical manufacturing company in two lawsuits alleging that its predecessor released chemicals that have now migrated into groundwater throughout the area. This representation also included proceedings before the California Regional Water Quality Control Board for the Los Angeles Region and the State Water Resources Control Board, as well as working with consultants and forensic experts to devise multiple investigations to identify other potential responsible parties (PRPs), and overseeing the environmental consultant involved in the investigation.
  • Representation of the sellers, and later, the purchasers of a state Superfund site in connection with the development of the site for residential use. Negotiation of Prospective Purchase Agreement with the Department of Toxic Substances Control.
  • Representation of a redevelopment agency of a major municipality in connection with acquisition and remediation of a property acquired from another public agency.
  • Represented generators of waste delivered to multiple state and federal Superfund sites in connection with their potential liability.
  • Advised and represented PRPs in connection with insurance defense coverage so that their attorneys’ fees and environmental costs could be paid for by their insurance carriers.
  • Represented an asbestos-removal contractor in connection with personal injury and property damage claims brought by individuals who claim they were exposed to asbestos fibers.
  • Advised and represented various clients on remediation and litigation arising from contamination discovered in the soils and groundwater, including PCBs, solvents, petroleum hydrocarbons and additives such as MTBE and perchloroethylene.
  • Represented redevelopment agencies, lending institutions and pension funds on environmental issues related to the acquisition, remediation and development of properties. Projects have included developing environmental procedures and desk reference manuals for the acquisition, disposition and management of properties; advising sellers, buyers and promoters on remediation options in order to consummate the transaction; and interfacing with the environmental consultants that perform the investigations and cleanups.
  • Representation of clients before environmental agencies such as the Department of Toxic Substances Control; the State Water Resources Control Board; the South Coast Air Quality Management District; and environmental health, public works and fire departments of various counties and cities throughout Southern California.
  • Representation of an international real estate development company in connection with a case brought by the District Attorney's Office of Orange County, California, related to the operation and closure of leaking underground storage tanks, and negotiating settlement of the matter.
  • Representation of former owner of manufacturing facility in connection with a lawsuit contemplated by the California State Attorney General’s Office to recover response costs incurred by the State of California at a state Superfund site.
  • Representation of lenders with respect to their potential environmental liability in connection with the foreclosure of contaminated properties.