California Contamination Lawyer Handling CERCLA and HSAA Matters Statewide

In California, environmental contamination is strictly regulated at the state and federal levels. Companies must take proactive measures to prevent contamination and, when acquiring real estate for commercial use, ensure they are aware of any contamination issues on the property. Each California contamination lawyer at Bick Law LLP is intimately familiar with the legal issues—and legal risks—companies face, and we work closely with our clients to help them manage all contamination-related concerns with confidence.

About Our Environmental Contamination Practice

Within our environmental contamination practice, we assist companies with managing state and federal compliance in all aspects of their operations. Our services include:

Helping Companies Avoid Environmental Contamination

We help our clients implement policies, procedures, and protocols that are designed to effectively mitigate their risk of contaminating the environment. We take a custom-tailored approach to helping our clients meet all pertinent statutory and regulatory requirements, including (but not limited to) applicable requirements under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and its California analog, the Hazardous Substance Account Act (HSAA).

Contamination can expose companies to substantial liability, impact property value, and impair business operations, not to mention create risks to human health and the environment. This includes not only liability for the costs of cleanup and remediation, but also liability for civil (or, in some cases, criminal) penalties.

Helping Companies Respond to Contamination Events

Given the risks involved, a proactive, strategic response is essential when faced with a contamination event. Companies must be prepared to respond immediately and follow pre-defined response steps to ensure all required actions are taken.

We help companies ensure that they are prepared to respond to contamination events when necessary, and, when these events occur, we guide them step-by-step through the process of responding appropriately. We help our clients document their response efforts as well, and we communicate with the U.S. Environmental Protection Agency (EPA), state agencies, and other authorities on behalf of our clients as warranted.

Helping Companies Avoid CERCLA Liability in Real Estate Transactions

Under CERCLA, companies that acquire commercial real estate can face liability for contamination events that occurred under prior ownership. However, companies can limit or avoid owner and operator liability by satisfying the statutory requirements for defenses such as the bona fide prospective purchaser (BFPP) protection or other applicable liability protections.

In all cases, conducting adequate due diligence is a key first step toward making informed decisions and determining what additional steps are necessary to avoid liability for cleanup costs, remediation costs, and penalties. We guide our clients step-by-step through this process as well, from conducting Phase I environmental site assessments (ESAs) to performing Phase II and Phase III assessments where warranted, and negotiating cost allocation and compensation agreements with sellers. After purchasing contaminated properties, companies must meet various continuing obligations under CERCLA. We assist our clients in implementing these continuing obligations to help manage risk and preserve available future defenses.

Helping Companies Resolve Cost Allocation and Compensation Disputes

Disputes involving cost allocation and compensation agreements can disrupt companies’ operations and raise serious questions about their potential liability exposure. Thus, when these disputes arise, an informed and strategic approach is critical.

We have extensive experience helping clients resolve cost allocation and compensation disputes related to cleanup and remediation liability under CERCLA, as well as disputes involving CEQA-related environmental review, mitigation requirements, and litigation issues arising from cleanup activities. This includes representing buyers, sellers, and other responsible parties. We also handle insurance coverage disputes and other related matters, always focusing on protecting our clients’ interests as cost-effectively as possible. There are a variety of ways to approach these disputes, and examining the relevant contract language and statutory authority is a key first step toward making informed and strategic decisions.

Helping Companies Deal with EPA, State Agencies, and Citizen Suits

In addition to commercial litigation arising out of contamination-related disputes, we represent companies in enforcement proceedings involving EPA and state agencies. We also defend companies facing citizen suits related to contamination events throughout California.

• EPA Enforcement – We represent companies facing EPA scrutiny and enforcement actions under CERCLA. When warranted, we assist clients in negotiating settlements with EPA as well. If EPA is targeting your company in relation to a contamination event or your company’s acquisition of a contaminated property, we encourage you to speak with a California contamination lawyer at our firm promptly.
• California Environmental Agency Enforcement – We represent companies facing agency scrutiny and enforcement actions under state environmental laws and regulations, and we also advise and represent clients in CEQA-related matters. If your company needs to resolve any contamination-related matter with state agencies, our lawyers can intervene and help steer the process toward a favorable resolution.
• Citizen Suits – We also represent companies facing citizen suits related to contamination events in California. Private citizens can file lawsuits to enforce companies’ legal obligations under state and federal law, and these lawsuits can present liability risks on par with those of EPA and state agency enforcement actions.

Regardless of the circumstances, if your company is facing potential contamination-related liability, our California contamination lawyers can step in and use their experience to help you target a favorable result. We can also help you implement the policies, procedures, and protocols necessary to mitigate your company’s contamination-related risk going forward.

Industries We Serve

Within our environmental contamination practice, we serve clients in an extremely broad range of industries. This includes (but is not limited to):

• Aerospace and defense
• Construction and real estate development
• Chemicals
• Consumer products
• Energy
• Food and agriculture
• Life sciences
• Manufacturing
• Natural resources
• Technology
• Transportation
• Waste management

While all companies are subject to the same contamination-related requirements and prohibitions under federal and California law, different companies’ operations can present different risks. This makes it critical for companies to focus on their specific legal needs. As discussed above, we take a custom-tailored approach to helping our clients manage contamination-related compliance, and when representing clients in litigation and enforcement proceedings, we similarly tailor our advice and representation to the specific legal issues, legal risks, and practical considerations at hand.

FAQs: Environmental Contamination Compliance and Defense

What is a Bona Fide Prospective Purchaser (BFPP)?

Companies that qualify as bona fide prospective purchasers (BFPPs) are generally not responsible as owners or operators for cleanup-related costs under CERCLA. Knowledge of environmental contamination is not a bar to qualifying as a BFPP—in fact, conducting adequate due diligence (or “all appropriate inquiries”) is a requirement for securing BFPP status.

There are other requirements for qualifying as a BFPP as well, and, while BFPPs are generally protected from liability for contamination that predates their acquisition of the property, they are subject to several continuing obligations. As a result, while taking the necessary steps to qualify as a BFPP can be a strategic way to acquire a contaminated property, companies must ensure that they have a comprehensive understanding of all that this entails.

What Are the Other Ways to Avoid Cleanup Liability Under CERCLA?

While qualifying as a BFPP is one way to avoid cleanup liability under CERCLA, it is not the only option available. Other options include: (i) the “third-party” defense; (ii) the “innocent landowner” defense; and (iii) the “contiguous property owner” defense. As with the BFPP defense, qualifying for these defenses requires strict compliance with statutory requirements, and company owners and executives must have a clear understanding of their companies’ immediate and ongoing obligations.

What Are the Legal Risks Associated with Environmental Contamination in California?

The legal risks associated with environmental contamination in California depend on the nature and scope of the contamination, the statute (or statutes) implicated, and various other factors. Accordingly, when faced with a contamination event, it is critical to promptly assess the circumstances involved. We have extensive experience helping companies respond to all types of contamination events and assisting clients in making informed and strategic decisions from the outset.

Can a Contamination Event Trigger Scrutiny Under CERCLA and CEQA?

Yes. A contamination event can trigger EPA scrutiny under CERCLA and may also trigger CEQA review or litigation if remediation requires agency approval. We have a long track record of helping our clients navigate regulatory and litigation risks and avoid unnecessary liability related to contamination events throughout California.

What Should I Do if My Company is Responsible for Environmental Contamination?

If your company is responsible for an environmental contamination event, you should consult with an experienced California contamination lawyer promptly. Informed and strategic decisionmaking in this scenario is critical. Responding proactively can help mitigate the legal risks involved, while unnecessary delays may expose companies to additional penalties.

Speak with a California Contamination Lawyer at Bick Law LLP

If you would like to speak with a California contamination lawyer at Bick Law LLP, we invite you to contact us. Call 949-432-3500 to arrange a confidential consultation today.