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ALB - Agriculture Matters
Agriculture Matters • Advise multiple clients on regulatory changes expected under CV SALTS and Basin Plan Amendments.
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Prop. 65
Prop. 65 Represented numerous retail clients in defense of Proposition 65 action for failure to warn of health risks arising from exposure to hazardous substances.
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Deed Restrictions
Deed Restrictions Negotiated multiple deed restrictions on behalf of property owner clients in connection with receipt of a No Further Action letter.
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Dry Cleaners, Gas Stations, and Bulk Oil Storage Facilities
Dry Cleaners, Gas Stations, and Bulk Oil Storage Facilities Brought Superfund cost recovery action against former dry cleaner operator and former shopping center owners with respect to impacts to the shopping center and adjacent, residential neighborhood on behalf of current property owner and master tenant. Represented owner of Northern California bulk oil storage facility in settlement of two related-actions involving impacts from a prior owner’s operations. Represented numerous property owners with respect to releases from dry cleaner and service station tenants. Typically, this has included resolution of lease disputes, regulatory enforcement directives and orders, insurance claim disputes, fulfillment of lender requirements, preparation of prospective buyer and tenant disclosures and management of concerns regarding indoor air health risks.
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Regulatory Compliance
Regulatory Compliance Advised clients regarding hazardous waste generation, storage, transportation and disposal requirements. Represented clients in permitting processes, with particular emphasis on well installation and destruction, waste discharge requirements, and underground storage tanks.
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Landfills/Drum Disposal/Recycling Sites
Landfills/Drum Disposal/Recycling Sites Representing potentially responsible parties in multiparty Superfund and cost recovery cases, including at the BKK Landfill Site in West Covina, CA and the Mouren-Laurens/Leach Oil Company (Rev973) Sites in Compton, CA. Negotiated cost sharing agreement and indemnity agreement with defense group and settlement agreement with U.S. Environmental Protection Agency to avoid significant litigation costs.
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Brownfields Redevelopment Projects
Brownfields Redevelopment Projects Represented numerous developers of contaminated properties in negotiating agreements with environmental oversight agencies. Represent lender in transaction involving on-going remediation of target property by third party and successfully negotiate appropriate indemnity protection. Represent numerous sellers and buyers of impacted properties including resolution of reporting obligations, transfer and management of past and future liability, insurance coverage, and management of agency, lender and tenant concerns.
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Base Reuse Projects
Base Reuse Projects Assisted client in the early transfer of a former naval shipyard property with significant residual contamination including metals, solvents, hydrocarbons and PCBs for redevelopment as an educational facility. Assisted public parks client in the expansion of their land holdings through the early transfer of a former naval weapons storage property.
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Railyards
Railyards Represented a buyer of a former railyard facility, including placement of pollution legal liability and cost cap insurance policies, for a commercial shopping center.
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Consent Decrees
Consent Decrees Negotiated consent decrees with the U.S Environmental Protection Agency and the Department of Toxic Substances Control (DTSC) on behalf of defense group and various individual clients.
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