Environmental

Knowledge Gained Through Experience

SVLG provides comprehensive environmental expertise which is virtually unparalleled in a firm of its size. Our environmental attorneys have substantial experience in a wide range of environmental issues.

Overview of Services

Air Quality – We counsel clients seeking air permits or variances, interpret applicable regulations, and defend clients in enforcement actions before the Bay Area Air Quality Management District (BAAQMD).

Brownfield/Land Redevelopment – We are well-versed in the Brownfield Revitalization statutes and help clients turn unused properties into productive resources by negotiating California Land Reuse and Revitalization Act (CLRRA) H&S Code Sections §25395.69, Prospective Purchaser Agreements (PPA), Voluntary Cleanup Agreements (VCA), Remedial Action Agreements (RAA), Bona Fide Prospective Purchaser Agreements, purchase agreements, deed restrictions and indemnity agreements.

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 related administrative proceedings and litigation. We are also experienced in National Environmental Policy Act (NEPA) litigation.

CERCLA Compliance – We have extensive experience with all aspects of CERCLA including compliance with the National Contingency Plan (NCP) and unique experience with Applicable or Relevant and Appropriate Requirements (ARARs ) which are the statutory and regulatory requirements that govern cleanup levels and remediation under CERCLA.

Contaminated Property – We interface with local, state and federal environmental agencies and counsel clients on laws and regulations governing the investigation and cleanup of contaminated sites. If contamination is discovered during a purchase and sale transaction, we help find a solution that allows the transaction to proceed while the contamination is addressed. We assist clients responding to environmental agency information requests and cleanup orders, negotiate administrative consent orders, judicial consent decrees and statements of work. We are experienced in proceedings for allocation of response costs among potentially responsible parties (PRPs) and in private cost recovery litigation. We have handled numerous sites with complex vapor intrusion issues.

Due Diligence and Transactions – We have provided environmental law guidance in all types of transactions, including acquisition of real property or a corporation. We have most key “terms and conditions” necessary to document a deal with environmental implications.

Ewaste – Since the passage of the Electronics Waste Recycling Act of 2003, we assist clients in managing, recycling and disposing of their electronic waste.

Enforcement Actions – We defend clients who face civil actions and criminal prosecution by the U.S. EPA, the Department of Toxic Substances Control (DTSC), the BAAQMD, the Regional Water Quality Control Board (RWQCB), county agencies, district attorneys and local city attorneys. We are familiar with federal and state policies regarding environmental audits and self-reporting, as well as factors considered by the U.S. Department of Justice in deciding environmental criminal prosecutions.

Environmental Compliance Programs – We help clients comply with local, state and federal law relating to the use, storage, recycling and disposal of hazardous substances.

Insurance Coverage – We are familiar with and advise clients on a wide range of environmental insurance issues, including negotiating 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, the California Fish and Game Code, and related common law.

Medical Waste – We defend medical facilities accused of air and waste violations. We assist in real estate transactions involving medical facilities.

Nanotechnology – We represent clients complying with AB 289 (Health & Safety Code Sections 57018-57020). We help clients respond to requests for information from the Department of Toxic Substances Control (DTSC) regarding nanomaterials manufactured or imported into California, taking care to ensure that trade secret protections are maintained. We also assist clients develop appropriate health and safety, disposal and disclosure protocols in this emerging field.

Occupational Safety and Health Act (OSHA) – We assist clients with health and safety 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 – We work with our client’s technical personnel to develop a smart and creative permit-negotiating strategy.

Petroleum Underground Storage Tanks (UST) – We assist clients in all matters related to USTs, and have particular experience relating to the Petroleum UST Cleanup Fund including administrative appeals.

Proposition 65 – We provide counsel on compliance programs, discharge prohibitions, warning requirements and supply chain issues under the Safe Drinking Water and Toxic Enforcement Act of 1986.

Release Reporting – We advise clients on hazardous substance release reporting and coordinate with their public affairs office, environmental managers or plant manager.

If you are facing an environmental issue, and want to explore it with us, please complete the web form on this page or call us at the number at the top of the page. One of our environmental attorneys would be happy to talk about your situation to see if our firm is a good fit for your needs.