Farella Braun + Martel's Environmental Law Department has substantial experience advising and representing clients in all areas involving hazardous substances and wastes, including regulatory compliance counseling, site remediation and cost recovery, health and safety, and enforcement defense. Our Hazardous Substances and Wastes practice combines compliance-focused attorneys and litigators whose collective depth allows us to meet our clients' needs in any engagement, large or small, public or discrete. Farella Braun + Martel is one of the few firms able to offer clients a multidisciplinary team of attorneys to handle the many facets of a hazardous substances and wastes matter. We seamlessly integrate attorneys within our environmental practices as well as toxic tort litigation, white collar criminal defense, insurance coverage, land use, real estate, construction, employment, and corporate practices.

Farella environmental attorneys have counseled and defended a variety of industrial and other corporate clients on hazardous waste and hazardous materials administrative, civil, and criminal matters. Several of our partners prosecuted Resource Conservation and Recovery Act (RCRA) actions during their tenure at the U.S. Justice Department's Environmental Enforcement Section. Our hazardous waste/hazardous materials regulatory counseling work ranges from seeking permits and permit revisions, appeals of permit decisions, to analyzing complex hazardous waste regulatory interpretation issues. We have advised clients regarding negotiating, and implementing RCRA corrective actions, and defended federal and state enforcement proceedings in California, Oregon, Arizona, New Mexico, and Hawaii.

We have represented Potentially Responsible Parties (PRPs) at federal and state Superfund sites around the country, advising PRPs regarding site remediation as well as cost recovery. We have managed consultants, located and organized PRPs, negotiated the terms of administrative consent orders, devised strategies for responding to administrative directives for investigation and remediations, negotiated and participated in cost allocation proceedings with other PRPs to devise workable cost allocation schemes, negotiated with federal government PRPs to obtain funding, and crafted strategies for the pursuit of recalcitrant parties. We have successfully prosecuted and defended cost-recovery actions in a variety of Western states. Through this work, we have developed substantial experience in the technical issues affecting allocation of liability for chlorinated solvent plumes, including fate and transport, groundwater modeling, risk assessment with an emphasis on vapor intrusion issues, and natural attenuation or degradation product liability claims.

Our Health & Safety experience covers a range of environmental health and safety subspecialties, including OSHA and Cal/OSHA compliance counseling, due diligence reviews, regulatory representation, and defense of civil and criminal enforcement actions. We have conducted and overseen investigations of workplace accidents and defended clients against citations issued by OSHA (or state equivalents). We have also investigated and defended "whistleblower" allegations involving power plant facilities, power transmission facilities, geothermal plants, the natural gas industry, radioactive waste and disposal facilities, and oil refineries. We work with our white collar crime attorneys to defend clients against criminal prosecution of occupational safety violations by state and local authorities. We also have more than a decade of experience relating to pipeline safety, including U.S. Department of Transportation regulatory issues surrounding the safe operation of natural gas and hazardous liquid pipelines. 

Firm Highlights

Publication

Proposition 24: California’s Ever-Evolving Privacy Landscape

Next Tuesday is election day, and this year, California voters are deciding whether to support another statewide privacy initiative – the California Privacy Rights Act (CPRA) (Proposition 24).  This measure would expand on the...

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Publication

Insights Into the First Patent Trial in Waco, Texas - MV3 Partners v. Roku

A 7-person jury in Waco, Texas, recently returned its verdict in the first patent trial held before Judge Albright: defense verdict, no finding of infringement. In the MV3 Partners v. Roku dispute, MV3 Partners...

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News

Alexis Sinclair Joins Farella Braun + Martel’s Financial Services Industry Group

SAN FRANCISCO, October 14, 2020: Northern California legal powerhouse Farella Braun + Martel is pleased to announce that business transactions lawyer Alexis Sinclair has joined the firm as special counsel in its Financial Services...

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Publication

Year-End Estate Planning in an Election Year

The 2020 election is less than a month away and year-end estate planning is already underway for many. Under current law, the estate, gift and GST (generation-skipping transfer) tax exemptions for 2020 are set at...

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Publication

The Election Season Is Upon Us: Guidance for Managing Political Expression in the California Workplace

In a year of extraordinary events, this election has been more divisive and controversial than any other in recent history. Many employers are grappling with how they should manage political expression in the workplace...

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Event

3rd Annual BASF Cannabis Conference

Jeff Hamilton will moderate the program "All of the “Hot Topics” in Cannabis” at the 3rd Annual BASF Cannabis Conference. Details: The BASF Cannabis Conference provides attorneys an opportunity to enhance their practical skills...

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Event

LSI's PFAS Contamination and Regulation in California Virtual Conference

Sarah Bell will be speaking at LSI's virtual conference on PFAS Contamination and Regulation in California live webinar, "PFAS and Hazardous Materials Cleanup Laws." Details: CWA violations, CERCLA designations, and NRD claims as potential game...

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News

3 Things To Know After Busy WDTX Patent Judge's 1st Trial

Eugene Mar spoke to Law360 about the  MV3 Partners LLC v. Roku Inc.  case in the article, " 3 Things To Know After Busy WDTX Patent Judge's 1st Trial." In the article, Eugene said he's...

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Event

Trade Secrets Protection, Enforcement & Litigation West Coast Conference

Eugene Mar is a featured panelist at the Trade Secrets Protection, Enforcement & Litigation West Coast Conference virtual event.

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News

More Americans Are Renouncing Their Citizenship

In the article, "More Americans Are Renouncing Their Citizenship," originally published in The Wall Street Journal , Erin Fraser discusses tax and estate planning issues related to renouncing U.S. citizenship. Link to the full article .

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