Environmental Law and litigation

REPRESENTATIVE MATTERS

Environmental Due Diligence and Transactions

  • Acting as lead environmental counsel in purchase and sale of facilities or business entities, negotiating environmental provisions in agreements to implement such transactions, and working with governmental agencies to resolve or narrow pre-transfer disputes or issues
  • Providing advice to land developers and lenders regarding compliance with environmental laws
  • Advising clients on Phase I and Phase II environmental site assessments
  • Advised industrial facility on hazardous waste management requirements and in voluntarily disclosing potential violations to the Regional Water Quality Control Board and DTSC
  • Represented landowners in negoting agreements with other potentially responsible parties regarding the investigation and cleanup of contaminated property in compliance with regulatory agency requirements
  • Represented an environmental liability assumption firm in a number of liability assumption transactions in California, Florida, Michigan, New York, and Tennessee, negotiating liability assumption agreements, environmental insurance agreements, regulatory agreements, and remediation agreements and qualified settlement fund trusts.
  • Represented an environmental liability assumption firm in a significant transaction concerning a CERCLA site in Wisconsin, negotiating the liability assumption, environmental insurance and regulatory agreements.
  • Negotiated a $100 million ESCA with the Department of the Army, environmental insurance, and agreements with the National Park Service, U.S. EPA and California DTSC with regard to the transfer of the Presidio of San Francisco from the Army to the Presidio Trust
  • Negotiated on behalf of the fixed price environmental remediation contractor at South Weymouth Naval Air Station in Massachusetts an ESCA with the Department of the Navy, a guaranteed fixed price contract with the master developer, environmental insurance, and agreements with the U.S. EPA and Massachusetts DEP with respect to the pending transfer of the Base from the Navy to the redevelopment agency
  • Represented a native Alaskan corporation with regard to the transfer of Adak Island from the Navy to the corporation under the Alaska National Interest Lands Conservation Act and Alaska Native Claims Settlement Act
  • Represented a site owner with regard to the transfer of the Oakland Army Base, and negotiated the ESCA, insurance policies, and regulatory agreements
  • Represented the fixed price environmental remediation contractor with regard to the transfer of Mare Island from the Navy to the City of Vallejo, and negotiated the ESCA, GFPC, insurance policies and regulatory agreements
  • Represented Yolo County with regard to the transfer of the Davis Communications Site from the Air Force to the County
  • Represented a site purchaser with regard to a former Naval base in Southern California
  • Negotiating the ETCA, guaranteed fixed price remediation contract, environmental insurance agreements, and regulatory consent agreements at Hunters Point in San Francisco.
  • Represented an environmental liability assumption firm in a number of liability assumption transactions in California, Florida, Michigan, New York, and Tennessee, negotiating liability assumption agreements, environmental insurance agreements, regulatory agreements, and remediation agreements and qualified settlement fund trusts.
  • Represented an environmental liability assumption firm in a significant transaction concerning a CERCLA site in Wisconsin, negotiating the liability assumption, environmental insurance and regulatory agreements.
  • Performing and /or coordinating comprehensive audits and investigations for a wide variety of facilities, including those of multi-national clients engaged in corporate acquisitions and due diligence investigations