Environmental Law Services

: Environmental Law in California:

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
  • UTreatment storage and disposal facilities under RCRA and state law
  • Solid waste
  • Hazardous waste generation, management, handling, transportation, storage and permitting
  • Closure of RCRA and state permitted sites
  • 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 reporting and disclosure 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
  • CEQA compliance, litigation and strategy

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

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

Representative Matters in Environmental Law

  • Project legal support to owners and PRP groups undertaking remediation of former disposal facility, where site is in coastal zone, remediation subject to CEQA.  Planning for and review of issues relating to threatened species purchase of emission credits for compliance with air quality requirements.
  • Assisting owners in efficiently closing properties under state or federal permits under RCRA or state 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.
  • Advised and represented PRPs in connection with insurance defense coverage to assume that their attorneys’ fees and environmental costs are properly recovered.
  • Represented an asbestos-removal contractor in connection with personal injury and property damage claims brought by individuals claiming exposure.
  • 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, perchloroethylene and others.
  • 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; advising sellers, buyers and promoters of 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 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 environmental requirements in connection with ownership through foreclosure of contaminated properties.
  • Representation of trustees, beneficiaries, and LLC's in connection with property acquired by trust.