Environmental

KNOWLEDGE GAINED THROUGH EXPERIENCE

For more than 20 years, the attorneys in our Environmental Law Group have provided legal counsel to property owners and real estate developers in a wide array of environmental and land use matters.  Our depth of experience and longevity in the same community provide keen knowledge of local regulations and long-standing relationships.
Our Environmental Law Group emphasizes preventive environmental law - with a particular focus on avoiding or minimizing environmental liability in corporate real estate transactions. 

OVERVIEW OF SERVICES

IN-DEPTH LIST OF EXPERTISE AND SERVICES

Air Quality - We counsel clients seeking air permits, help determine how regulations apply to particular businesses, and represent clients who need to obtain permit variances. We defend clients in enforcement actions before the Air Quality Management District.

Asbestos - We counsel clients regarding: federal National Emission Standards for Hazardous Air Pollutants (NESHAP) for the demolition and renovation of buildings containing asbestos; federal OSHA worker safety standards for asbestos; federal Asbestos Hazard Emergency Response Act of 1986 (AHERA); Cal/OSHA worker safety standards; California disclosure laws for asbestos in buildings; California certification and registration laws for asbestos contractors and consultants; local air district regulations; asbestos notices to tenants, contractors and employees; and compliance counseling on the full range of asbestos regulations.  We defend clients against asbestos claims in civil and criminal enforcement actions.

Brownfield/Land Redevelopment - We aid clients who want to turn unused properties into productive and profitable resources.  We assist clients in negotiating Prospective Purchaser Agreements (PPA), purchase agreements, deed restrictions and indemnity agreements.  We are well-versed in the Brownfield Revitalization statutes.

California Environmental Quality Act (CEQA) - We counsel clients regarding: project definition, exemption analysis, environmental impact reports (EIR) and negative declaration (ND) review.  We represent clients in administrative proceedings and litigation.

Contaminated Property -  We advise clients who are working with local, state and federal environmental agencies.  We counsel clients regarding the laws and regulations that govern the investigation and cleanup of a contaminated site.  If the discovery of contamination occurs during a purchase and sale transaction, we can help parties find a solution that allows the transaction to proceed while the contamination issue is addressed.  We assist clients in preparing responses to EPA information requests and cleanup orders.  We negotiate administrative consent orders, judicial consent decrees and statements of work.  We are experienced in alternative dispute resolution proceedings for allocation of response costs among site PRP's.  We are also experienced in private cost recovery litigation.

Electronic Waste (Ewaste) - We advise and represent clients concerning the growing field of electronic waste recycling and disposal rules.  Since the passage of the Electronics Waste Recycling Act of 2003, and as an outgrowth of the firm's long standing hazardous waste practice, SVLG has assisted clients in managing their electronic waste.  Our experience counseling regulated entities allows us to guide companies through the intersection of hazardous waste rules and the particular requirements placed on electronic waste.

Enforcement Actions - We defend clients who face prosecution by the U.S. EPA, the Department of Toxic Substances Control (DTSC), the Bay Area Air Quality Management District (BAAQMD), the Regional Water Quality Control Board (RWQCB), county agencies, district attorney's offices and local city attorney's offices.  We are familiar with federal and state policies regarding environmental audits and self-reporting, as well as the factors considered by the U.S. Department of Justice in arriving at decisions in environmental criminal prosecutions.  If enforcement action is initiated, we represent our clients in regulatory/administrative, civil and criminal proceedings.

Environmental Compliance Programs - We assist clients in obtaining permits and complying with laws - local, state and federal - that relate to the use, storage, recycling and disposal of hazardous substances. 

Insurance Coverage - We provide advice regarding a wide range of environmental insurance policies - including pollution legal liability, environmental cost cap, secured creditor, alternative risk and contractors pollution liability policies.

Litigation - We litigate cases under most state and federal environmental laws - including CERCLA, RCRA, the Clean Water Act, the Clean Air Act, EPCRA, NEPA, TSCA, the California Hazardous Substances Account Act, the California Hazardous Waste Control Act, California Air Pollution Control Laws, the California Air Toxics, "Hot Spots" Information and Assessment Act, California Water Rights Law, the Porter-Cologne Water Quality Control Act, Proposition 65, the Unfair Competition Act, Underground Storage Tank Laws, Cal-OSHA, CEQA, the California Coastal Act, the Subdivision Map Act, common law (e.g. nuisance, negligence, trespass, toxic torts, property damage, premises liability), the California Fish and Game Code, criminal law and asbestos cases.

Medical Waste - We defend medical facilities accused of air and waste violations.

National Environmental Policy Act (NEPA) - We offer counsel in the areas of project definition, exemption analysis, environmental impact statements (EIS) and environmental assessments (EA).  We provide representation in administrative proceedings and litigation.
Noise - We represent clients in defense and prosecution of noise complaints.

Occupational Safety and Health Act (OSHA) - We assist clients with safety standards, health standards, hazard communication standards, labels and warnings, material safety data sheets, employee training, information record keeping, health and safety audits, illness and injury record-keeping, civil and criminal enforcement, inspections, fines and appeals.

Permitting - A particularly strong area of our compliance counseling practice is permit negotiation.  We work with our client's technical personnel to develop a smart and creative permit-negotiating strategy.  Our experience in permit negotiation allows us to recognize points of regulatory flexibility and offer timely and innovative solutions to potential impediments.
Petroleum Underground Storage Tanks (UST) - We assist clients in all matters related to UST's.  We are particularly experienced in matters related to the Petroleum UST Cleanup Fund and can handle difficult claims and appeals in this area.

Proposition 65 - We provide counsel regarding discharge prohibitions and warning requirements under the Safe Drinking Water and Toxic Enforcement Act of 1986 - commonly known as "Prop 65".  Under Prop 65, the state maintains lists of chemicals determined to cause cancer and/or reproductive toxicity.  Prop 65 prohibits the discharge of listed chemicals to potential sources of drinking water or exposing people to listed chemicals without prior warning.  We also defend companies against governmental and private enforcement actions.

Release Reporting - We advise our clients on release reporting.  Release reporting is challenging because it calls for the self-reporting of events that might result in civil or criminal penalties.  We respond quickly to management's concerns regarding reporting requirements.  We also coordinate our efforts with the client's public affairs office, environmental managers and plant manager.

We also assist companies in handling the many critical issues that accompany a spill - including environmental investigation and remediation activities, civil and criminal enforcement proceedings, claims for natural resource damages, and claims for damage to persons or property.

Right-to-Know - We defend our clients against EPA administrative citations and citizen suits.

Transactions - We advise clients on the potential environmental risks involved in the purchase or other acquisition of an interest in real property or in a corporation.  We assist in performing environmental due diligence, which is an essential part of any real property or stock acquisition.  We assist clients in developing a negotiation strategy to address and resolve any issues identified as a result of environmental due diligence.  We also help clients prepare an after-acquisition plan to address any contingencies and develop a compliance plan to avoid the creation of new risk contingencies.

We frequently work with consultants to undertake environmental due diligence investigations.  We have significant experience in drafting access agreements, indemnity provisions, environmental agreements and other documents allocating environmental risk.  We have initial drafts of most key "terms and conditions" necessary to document a deal.  Our environmental experience can be called upon for all types of transactions.

TSCA - We defend clients against U.S. EPA enforcement actions alleging violations of various Toxic Substances Control Act (TSCA) reporting requirements.

Water Quality - We provide counsel regarding NPDES permits; effluent standards and limitations; national categorical effluent guidelines; industrial pre-treatment standards; pre-treatment requirements; storm-water discharge permits; and oil pollution prevention, reporting and response requirements.  We assist clients in their negotiations with water districts and regional water quality control boards.  We defend clients facing water-quality-related enforcement actions.

If you have questions about Environmental Law call us 408-573-5700 or email us at info@svlg.com