Hazardous Materials

The firm is well-versed in hazardous materials law and the redevelopment of contaminated properties (brownfields), including development of land use-based cleanup strategies, minimization of risks to future landowners, implications for financing, and the powers of local agencies to direct remediation. The firm has been involved in all manner of land use issues related to reuse of contaminated property, including drafting innovative institutional and land use regulatory controls and interagency agreements, and compliance related to hazardous materials investigation and remediation, solid waste facilities, water quality and air quality. The firm regularly works with the California Environmental Protection Agency, Department of Toxic Substances Control (DTSC), various Regional Water Quality Control Boards, and local hazardous materials regulatory officials. Examples of the firm's work with hazardous materials includes:

  • Naval Air Station Alameda: The firm represents the City of Alameda in negotiations regarding the transfer, cleanup and reuse of Naval Air Station Alameda and the Fleet and Industrial Supply Center, and has helped the City develop innovative solutions to protecting human health and safety after cleanup.
  • City of Benicia: The firm advised the City on the legally and environmentally required standard for closure of a Class I hazardous waste facility adjacent to Benicia, and successfully argued in an amicus brief in the California Supreme Court that the landfill operator is subject to County regulations (IT Corporation v. Solano County, 1 Cal.4th 81 (1991)).
  • City of Mountain View: The firm represents the City with regard to the interrelationship between regional groundwater plumes, redevelopment and use of affected City property, and the City’s landfills, and advises concerning hazardous material issues affecting real property transactions.