Contaminated Property
Contaminated Property
Drawing on extensive experience advising companies and individuals in this area, our attorneys are adept at recovering costs from other responsible parties and insurance carriers. We offer practical solutions regarding all types of properties—from gas stations to federal Superfund sites—for clients that include publicly traded companies, regional and national developers, property owners, small businesses, food companies, public agencies, and private investors.
We have dealt with matters pertaining to the most contaminated properties in California, including highly sophisticated transactions and redevelopment projects for some of the largest companies in the country. Our deep understanding of how to help clients navigate the associated complexities in this area of law encompasses local regulatory agencies as well as major ones in California such as the Regional Water Quality Control Boards, the DTSC, and the State Water Resources Control Board.
Experience
- Superfund site remediation, cost recovery litigation, and cost allocation
- Soil vapor intrusion
- Cleanup of contaminated sediments impacted by hazardous substances such as PCBs, heavy metals, and PAHs
- "Brownfields" redevelopment projects
- Groundwater contamination and treatment, including related litigation
- Site closure
- Real estate and M&A transactions involving contaminated properties, including preparation and negotiation of environmental and indemnity agreements
- Military base closure and redevelopment
- PLL policies (both negotiation of terms and tender of claims)
- Emerging contaminants: Per- and Polyfluoroalkyl substances (PFAS); 1,2,3-Trichloropropane (TCP)
- Lead-based paint and asbestos abatement
- Response to Regional Board regulatory enforcement
Representative Matters
- Represented a federal facility in regulatory matters and the cleanup cost related to investigation and remediation of major Superfund site in EPA Region 9
- Advised an aerospace manufacturing company regarding the investigation and remediation of groundwater contamination and potential vapor intrusion issues at its facility; represented the company in regulatory matters with the Regional Water Quality Control Board
- Represented a public entity in the large-scale remediation of lead contamination under DTSC supervision
- Advised private investors regarding the potential environmental liabilities associated with the acquisition of assets of a bankrupt San Francisco manufacturing company
- Represented a property owner in lease negotiations for a commercial/industrial property subject to environmental investigation
- Represented a water district affected by PFAS; successfully concluded a four-year effort to resolve PFAS-impacted groundwater issues with an amendment to the Federal Facilities Agreement
- Represented a real estate developer in litigation against the adjacent property owner and dry cleaner operators seeking damages stemming from long-term groundwater contamination
Key Contacts
News & Resources
D.C. Circuit Court Stays PFAS Regulations for Drinking Water and Hazardous Substance Designations
EPA Draft Assessment Reveals PFOA and PFOS Exposure Risk From Biosolids
U.S. Environmental Protection Agency published a draft risk assessment evaluating the potential human health risks associated with two PFAS chemicals in biosolids. The draft shows that human health risks can exceed acceptable thresholds for PFOA and PFOS for people living on or near sites that apply biosolids containing PFOA and PFOS.
Governor Newsom Issues Orders to Assist with Rebuilding Efforts in Los Angeles; Los Angeles County Bans the Removal of Fire Debris
Governor Newsom and Los Angeles County have issued orders that affect recovery and rebuilding in the fire disaster areas.
The EPA Designates Two PFAS Compounds as “Hazardous Substances” Under CERCLA, Triggering Potential Cleanup Liabilities for Private and Public Entities
CERCLA now requires that owners and operators clean up PFOA or PFOS contamination on their properties.
The EPA Finalizes PFAS Drinking Water Limits While California Adopts Public Health Goals for PFOA & PFOS, Which Will Have Wide Ranging Effects
The US EPA moves ahead with new PFAS regulations, which affect public water systems, wastewater treatment operators, and contaminated site cleanups.
EPA Proposes Regulating PFAS as “Hazardous Constituents” under RCRA
The US EPA has proposed to regulate nine PFAS as “hazardous constituents,” which would require considering PFAS during certain hazardous waste investigations and cleanups. The proposed rule would exclude publicly owned treatment works, but would set the stage for further regulating PFAS as a “hazardous waste” under RCRA’s more rigorous “cradle-to-grave” requirements.