Environmental
Clients repeatedly entrust Folger Levin & Kahn LLP with their complex environmental cases as well as business and real estate transactions having environmental issues. Corporations, individuals, municipalities and other organizations, including nonprofits, engage FLK for dependable, current, and sophisticated solutions when their matters involve environmental issues. Responsiveness to the client, focused communication, and attention to the client’s particular characteristics and circumstances are hallmarks of the service on which our clients rely.
Our litigation matters have involved state and federal governmental enforcement, toxic torts, recovery of cleanup costs, Proposition 65 (Safe Drinking Water and Toxic Enforcement Act) enforcement, insurance coverage and disputes arising from business and real estate transactions.
- Enforcement of federal, state and local pollution laws, including:
CERCLA (Federal “Superfund” law on disposal of hazardous waste), RCRA
(Federal Solid Waste Disposal Act), Proposition 65 (California initiative
requiring warnings to public and prohibiting discharged of substances
known to the State to cause cancer or reproductive harm), Clean Water
Act (Federal Water Pollution Control Act), California Hazardous Waste
Control Law, and CEQA (California Environmental Quality Act).
- Recovery of environmental cleanup costs. We represent owners of real
property affected by the disposal of chemicals and waste materials.
We provide counsel regarding investigation and implementation of cleanup
strategies for soil, groundwater and surface waters; allocation of costs
among responsible parties, which may include federal, state and local
governments and agencies, including the military services; and the pursuit
of insurance coverage.
- Defense of water pollution cases involving toxic substances, e.g.,
MTBE (methyl tertiary-butyl ether), perchlorate, gasoline, other industrial
solvents.
- Defense of toxic tort claims, including property damage and personal
injury claims arising from exposure to mold, asbestos, lead and other
chemicals.
- Pursuit of indemnities from polluters and other responsible parties
on behalf of landowners and developers whose properties have been contaminated
or are threatened with contamination.
- We served as lead trial counsel for more than a dozen industrial aerospace
companies in the Stringfellow hazardous waste Superfund cases involving
liability for between $500 million and $1 billion in clean-up costs.
Following a nine-week federal jury trial and an eleven-week federal
bench trial, the State of California was found to have 100% of the responsibility
for the environmental contamination at the site.
- Representing financial subsidiary of major automobile company arising
out of its activities as a joint venture partner in developing residential
real estate. Defended claim by over 300 homeowners that they had been
defrauded in purchasing homes located on former hazardous landfill.
The case was tried as to six representative plaintiffs over three and
half months. The six test plaintiffs sought $13 million in damages on
separate claims for fraud, for medical monitoring and other damages,
but were awarded only $210,000 for diminished value of real property.
In post-trial proceedings, the trial judge characterized the result
as a victory for the defendant.
Our compliance practice includes handling permitting, negotiation with regulatory agencies and rulemaking proceedings on federal, state and local government levels, more specifically:
- Governmental regulatory agencies. Negotiating with various state and federal agencies, including the California Regional Water Quality Control Boards, California Department of Toxic Substances Control, California Air Resources Board, Regional Air Quality Management Districts, California Department of Fish and Game, California Integrated Waste Management Board, U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, U.S. Forest Service and U.S. Army Corps of Engineers.
- Regulatory compliance counseling. For ongoing enterprises, we assist businesses in keeping current with complex federal, state, and local regulatory requirements on issues ranging from air emissions, wastewater disposal, storage and handling of chemicals and hazardous waste, to employee training.
- Tracking new legislation. Participating in rulemaking proceedings for proposed environmental regulations, monitoring for and advising regarding changes in environmental laws and regulations, and advising on compliance programs, inspections and audits.
- Analyzing clean air and water quality issues in the context of planned new activities and businesses.
Land Use Advice and Counseling
Land use advice and counseling is critical for the development of real property that has experienced contamination or past industrial use (“Brownfields”), as well as for transactions involving the purchase and sale of businesses and real estate.
- Land use advice and counseling, particularly with respect to CEQA (California Environmental Quality Act), NEPA (National Environmental Policy Act of 1969), Brownfields regulations and applicable law, and Historic Preservation regulations and applicable law.
- Advice relating to the purchase and sale of real estate, mergers and acquisitions. Performing due diligence reviews involving environmental issues in connection with long-term industrial leases; development, construction, and sale of commercial and residential real property; acquisition of businesses; and financing transactions. We also assist in preparing agreements allocating environmental risk.
- Contract review and analysis for retaining experts, environmental engineering and remediation contractors; access agreements, prospective purchaser agreements, contracts for the provision of environmental services including site remediation and transportation of hazardous materials.
- Advice regarding reuse of contaminated property, including military bases, formerly used defense sites, and lands affected by ordnance, unexploded munitions, and related materials. Coordinating with local government representatives, state and federal agencies, community interest groups, business and industry stakeholders, insurance and financing companies, and prospective purchasers.
Representative Clients: City of Lodi, California; The Deutsch Company; Masco Corporation; T.H. Agriculture and Nutrition (a subsidiary of Philips Electronics North America Corporation); The Bankers Trust Company; Enterprise Rent-A-Car Company; AmeriBrom, Inc.; General Motors Corporation; Pacific Bay Homes LLC; Esselte Corporation; United Airlines; Prudential Realty Group; USA Petroleum Corporation; HCP, Inc./HCP Life Science Estates; Liquid Environmental Solutions Management Services Corporation; Yahoo! Inc.
For more information, contact:
Margaret R. Dollbaum, mdollbaum@flk.com
Thomas F. Koegel, tkoegel@flk.com
Wesley D. Hurst, Managing Partner of the Los Angeles Office, whurst@flk.com
Return to Practice page.