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Environmental

Environmental advocacy, guidance, and counsel for the business community.

California is the environmental bellwether for the nation and beyond. The Golden State is home to the nation’s most rigorous regulations to protect our air, soil, water, and natural resources. Elkins Kalt’s Environmental practice is led by California’s top environmental and land use attorneys, all highly knowledgeable on the law, science, policy, and business principles that govern the state and Southern California region. We advise individuals and all types of businesses, investors, fiduciaries, and entities to help them identify issues, evaluate options, and develop strategies to avoid and minimize environmental risk in the form of litigation, regulatory, administrative, and transactional matters.

Our team has significant experience in regulatory and transactional work to help clients gain required permits and approvals for their various projects, as well as allocate environmental risk in real estate and commercial purchases, sales, mergers and acquisitions, and other transactions. Where appropriate, our environmental team also assists clients oppose or modify projects. We regularly use insurance products to assist in risk management and allocation tools in real estate and corporate transactions, and frequently represent policyholders in environmental insurance coverage matters against insurance companies.

With the backing of a powerhouse litigation team, we also represent clients facing potential lawsuits in state and federal courts or discretionary administrative agencies in connection with the transport, management, or disposal of hazardous materials, including natural resource claims. In addition to determining cleanup responsibilities, environmental contamination matters carry with them liability claims for allocation, and our team has a proven track record in representing both plaintiffs and defendants in litigating and allocating environmental obligations.

Working collaboratively with the firm’s real estate, tax, litigation and corporate practices, our lawyers have the depth of experience to handle environmental, land use, and natural resource matters in a client-centered, efficient matter—always focusing on the desired outcome.

Federal expertise:

  • Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA/Superfund)
  • Resource Conservation and Recovery Act (RCRA)
  • Clean Water Act
  • Clean Air Act
  • Environmental Protection Agency
  • Army Corps of Engineers
  • Bureau of Land Management
  • National Marine Fisheries Service
  • National Oceanic and Atmospheric Administration
  • Federal Energy Regulatory Commission

California expertise:

  • California Environmental Quality Act (CEQA)
  • California Coastal Act/California Coastal Commission
  • California Environmental Protection Agency (CalEPA)
  • California Department of Toxic Substances Control (DTSC)
  • California Regional Water Quality Control Boards
  • California State Water Resources Control Board (SWRCB)
  • California State Lands Commission
  • South Coast Air Quality Management District (SCAQMD)
  • Proposition 65
  • Numerous air pollution control districts, various counties and cities, and other jurisdictions