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

Event

Identifying and Preparing Expert Witnesses for Trial

How do you identify the key experts you need for trial? Once you have them, what are the best practices for preparing them for trial? How do these practices vary depending on your venue, and...

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Publication

Individual Accountability in the Huawei Trade Secrets Prosecution

In the ongoing legal battle over the alleged theft of American trade secrets by Chinese telecom giant Huawei, one curious aspect is the lack of charges filed against any individual Huawei employees. On February...

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Event

North Coast Cannabis Industry Conference

Farella Braun + Martel is proud to underwrite the North Coast Cannabis Industry Conference featuring keynote speaker Aaron Smith, co-founder and executive director of the National Cannabis Industry Association. The event will also feature...

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Publication

The 10th Circuit Correctly Construes “That Particular Part” Narrowly

We do not often write about coverage opinions from jurisdictions as far away as Oklahoma; however, a recent case from the Federal Tenth Circuit looked at one of our favorite topics and came out...

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News

Last Major SF Transbay Tower, Affordable Housing at Risk of Delays

Real Estate/Land Use and Development Partner Charles (C.J.) Higley shares his thoughts on why the 546 Howard St. tower project deserves priority for approval. Read the full article here .

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Publication

Attorney General Finds Impact Fees on Density Bonus Projects Invalid

In response to questions from a variety of cities across the state regarding the application of “public benefit fees” to density bonus projects, the State Attorney General’s Office published an opinion on April 9...

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Event

CWA Regulation of Discharges to Groundwater: Permitting Uncertainty in Light of Circuit Court Split

Sarah Bell will speak on the Strafford live webinar, "CWA Regulation of Discharges to Groundwater: Permitting Uncertainty in Light of Circuit Court Split." This CLE webinar will discuss the "indirect discharge" theory of Clean...

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News

Judge Finds Grounds to Sue California Insurance Commissioner for Refusing to Investigate Industry Fraud in Recent Wildfire Claims

Lawsuit Alleges Insurance Industry Has Illegally Used Unlicensed Out-of-State Adjusters to Cheat Victims of 2017 and 2018 Wildfires SAN FRANCISCO, April 1, 2019: A judge is permitting a survivor of the 2017 Tubbs Fire...

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Publication

Who 'Owns' a Secret? Whether Trade Secret Licensees Have Standing to Sue in California

If the eye-popping damages awards in several recent lawsuits are any indication, companies are increasingly coming to see their private information as one of their most valuable assets—and California juries apparently agree. For example,...

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News

How to Plan for a Smooth Transition of Your Family Business

Family Wealth Senior Associate Lauren Galbraith discusses how family internal dynamics play a role in transferring significant assets, especially a business, between generations. Link to read the full article.

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