California has long led the nation in environmental preservation and climate change legislation. The state’s groundbreaking laws and regulations often set the benchmark for environmental policies nationwide.
Businesses and organizations in California frequently find it challenging to ensure that their operations properly comply with and keep up with the state’s complex and evolving environmental legislation.
With the state’s growing focus on sustainability and climate accountability, understanding how to navigate this complex landscape is essential for protecting your business.
Working with a skilled environmental litigation lawyer will protect your business while staying up-to-date and complying with California’s environmental laws.
Contact an environmental counsel lawyer at Tropea McMillan LLP today at (619) 566-0676 for your case consultation. Let us help your organization defend itself against any potential environmental lawsuits and comply with California’s environmental laws.
What Is Climate Change?
Climate change is defined as the long-term shifts in weather patterns and temperatures.
Some climate changes are caused by natural occurrences, such as massive volcanic eruptions or changes in the sun’s activities.
However, scientists have confirmed that multiple forms of human activity have led to higher emissions of greenhouse gases entering Earth’s atmosphere and causing global warming.
Examples of human activity contributing to climate change include:
- Burning fossil fuels, such as coal, gas, and oil
- Agricultural activities
- Cutting down forests, also known as deforestation
How Does Climate Change Impact the Planet?
Increasing temperatures are creating changes in the planet’s environment, leading to environmental changes facing all of humankind.
The Intergovernmental Panel on Climate Change (IPCC) highlights specific examples that climate change is having on our planet, including
- Intensifying the water cycle through more intense rainfall and flooding, as well as more intense droughts
- Increased precipitation patterns in high latitudes
- Decreased precipitation patterns in subtropical latitudes
- Varying changes to monsoon precipitation patterns
- Rising sea levels, leading to more severe and more frequent coastal flooding and coastal erosion
- Thawing of the permafrost
- Loss of seasonal snow cover and summer Arctic sea ice
- Melting of ice sheets and glaciers
- Warming of ocean waters, resulting in changes to ocean ecosystems
- Amplified heat in urban areas
- Increase in flooding in cities caused by heavy precipitation events
How Is Climate Change Impacting California?
Along with the effects climate change has had worldwide, California is experiencing drastic changes in local weather, temperature, and climate patterns.
The California Climate Adaption Strategy identifies statewide trends that are caused by climate change, including:
- Annual temperature increases
- Increase in drought severity coupled with more extreme precipitation events
- Decline in snowpack
- Dramatic increase in wildfires
- Increase in sea levels along the California coast
- Increase in coastal flooding and coastal erosion
- Higher ocean warming and ocean acidification, harming the ocean ecosystems that California relies on
- Threat to human health through diminished clean air, wildfires and wildfire smoke, drastic weather events, vector-borne diseases, landslides, drought, extreme heat, and the harm these events due to a person’s mental health
The State of California Department of Justice further notes additional effects of climate change on the state, including:
- Hindrance to the state’s water supply
- Reduced tree survival and growth rates in the state’s forests and rangelands
- Damage to agriculture, leading to food shortages and higher prices
- Increase in demand for electricity to combat higher temperatures, resulting in higher electrical costs and a strain on the electrical grid
- Destruction of plant and wildlife habitats and ecosystems
Contact our dedicated team today at Tropea McMillan LLP to keep your business or organization compliant with California’s complicated environmental laws.
What Environmental Legislation in California Will Apply to My Organization?
In recent years, the intersection of climate change and environmental law has begun to play a critical role in how businesses and organizations operate within the state.
California environmental legislation imposes unique legal challenges for organizations to monitor. With the growing focus on sustainability and climate accountability, understanding how to navigate this complex legal landscape is essential for protecting your business.
California Environmental Quality Act (CEQA)
Enacted in 1970, the California Environmental Quality Act (CEQA) is one of the earliest pieces of environmental legislation designed to integrate environmental considerations into the decision-making process for public projects.
CEQA requires state and local agencies to assess the potential environmental impacts of their actions and to incorporate mitigation measures where feasible.
As the effects of climate change become more pronounced, litigators increasingly must interpret how CEQA applies to greenhouse gas emissions.
You need a lawyer who understands that CEQA concerns not only assessing current environmental impacts but also anticipating and mitigating the future effects of climate change.
Renewables Portfolio Standard (RPS)
The Renewable Portfolio Standard (RPS) requires that 60% of California’s energy come from renewable sources by 2030, with a further goal of reaching 100% clean energy by 2045. These legal frameworks foster innovation in green technology and propel the shift toward sustainable practices within businesses and industries.
The RPS mandates that utility companies procure a certain percentage of their energy from renewable sources, which drives investment in solar, wind, and other clean energy technologies.
This can lead to increased operational costs initially while also enhancing long-term sustainability and compliance with environmental regulations.
California Air Resources Board (CARB)
California leads the nation in implementing strict vehicle emission standards designed to combat air pollution and reduce the state’s carbon footprint.
The California Air Resources Board (CARB) continually updates these regulations, pushing the automotive industry towards more sustainable options, including electric and hybrid vehicles.
For business owners, CARB’s regulations can have significant implications, influencing operations, compliance requirements, and overall sustainability strategies.
Business owners must invest in compliance measures, often including emissions monitoring and reporting, to avoid fines and penalties. Understanding and navigating these regulations is crucial for operational continuity and mitigating legal risks.
California State Water and Resources Control Board
California has multiple regulatory agencies overseeing water use, including the California State Water Resources Control Board (SWRCB). Businesses often require permits to divert water, discharge wastewater, or engage in activities that may affect water quality.
In 2014, California enacted the Sustainable Groundwater Management Act (SGMA), which requires local agencies to develop and implement sustainability plans for the state’s groundwater basins.
Since many businesses rely on groundwater for various uses, they must comply with SGMA. Businesses must be aware of how local management plans may limit their access to groundwater and the associated regulations pertaining to extraction.
Businesses that discharge wastewater or pollutants into California waters must comply with stringent water quality regulations. The National Pollutant Discharge Elimination System (NPDES) oversees industrial discharges, effectively managing the quality of the state’s waters.
Violations of water quality regulations can lead to severe penalties, remediation costs, and harm to a business’s reputation. Businesses and organizations need to implement proper wastewater management practices, monitoring programs, and treatment solutions to comply.
How Do I Protect My Business or Organization From Environmental Law in California?
As climate change awareness grows, so does the incidence of climate-related litigation.
Municipalities across California have begun to hold companies accountable for their contributions to climate change, targeting fossil fuel companies and those in other industries. This emerging legal landscape poses significant challenges for businesses, making it imperative to have a proactive legal defense in place.
Understanding the nuances of climate change litigation is essential. Working with a team of experienced environmental lawyers can help you prepare for potential lawsuits and develop strategies to defend your business against claims arising from your operational practices.
By seeking professional legal counsel on complying with California’s environmental legal frameworks, you can position your business as a responsible participant in California’s environmental landscape and mitigate potential legal risks.
Contacted our experienced team today at Tropea McMillan LLP to schedule a free consultation. Let us help you protect your business and mitigate the risk of California’s environmental laws to your business.
Why Should I Hire Tropea McMillan LLP for My
Environmental Law General Counsel?
Most businesses and organizations find it challenging to comply with and understand the complex and evolving environmental laws in California.
Many face unwanted environmental lawsuits from unknowingly falling out of compliance with the state’s complicated legislation.
Working with a dedicated environmental litigation lawyer will help protect your business while keeping you in compliance with California’s convoluted environmental laws. A diligent environmental litigation team will provide a strong defense should your business or organization face a lawsuit.
At Tropea McMillan LLP, our team of reliable attorneys focuses on leveraging our years of experience to better serve our clients. We take pride in our ability to provide effective and sophisticated representation in high-stakes environmental litigation.
Our team provides personalized support as general counsel to local small or midsize businesses. We are committed to helping our clients minimize risk, avoid liability, and resolve any problems in a favorable and timely manner.
Given the interconnectedness of climate change and environmental law, a robust legal defense strategy is fundamental for California business owners.
Engaging with legal experts who understand the landscape will help you navigate unforeseen challenges, comply with regulations, and develop sustainable practices that benefit both your business and the environment.
Contact our team of reliable attorneys today at Tropea McMillan LLP to get the help your business deserves to mitigate your risks against California’s cumbersome and extensive environmental laws.
What Should I Do if My Business Is Facing an Environmental Lawsuit?
The breadth and complexity of California’s evolving environmental legislation create a complicated and challenging situation for local businesses and organizations.
Many organizations struggle to stay apprised of all that is required of them to mitigate legal risks, which often leads to environmental lawsuits.
If your business or organization faces an environmental lawsuit in California, protect your interests and mitigate potential risks.
Gather Documentation
Gather all relevant documents related to the allegations in the lawsuit, including:
- Permits
- Correspondence with regulatory agencies
- Environmental assessments
- Any additional records related to the lawsuit
Work With Legal Counsel Immediately
Engage experienced legal counsel immediately after learning of the lawsuit. California’s environmental regulations are among the most rigorous in the nation.
An experienced attorney who is well-versed in California’s environmental laws will explain the allegations, identify strong defenses, and guide you through the legal processes.
Your legal team will:
- Maintain open and clear communication – Your reliable legal team will communicate effectively and regularly with you throughout your legal proceedings, addressing any questions and concerns your business has regarding the lawsuit.
- Assess the claims made against your business – Your diligent attorney will assess the strength of the allegations made against your business. They will work to understand whether the lawsuit stems from regulatory violations, environmental damages, or community grievances to pinpoint the specific legal issues involved and formulate the best strategic defenses.
- Implement mitigation measures – Some lawsuits involve alleged ongoing environmental harm. Skilled legal counsel will help identify and minimize any potential further impacts alleged by the lawsuit, including halting specific operations, addressing any identified compliance gaps, or collaborating with environmental experts to remediate any environmental damage.
- Manage the entirety of the lawsuit – Your professional legal team will manage the lawsuit on your behalf throughout its entirety, including handling all correspondence with third parties and negotiating a dismissal, mediation, or settlement.
Facing an environmental lawsuit in California is intimidating for most businesses and organizations.
Working with skilled legal counsel will help protect your business, build a strong defense, and mitigate any additional risks.
If your business or organization faces an environmental lawsuit in California, contact our team today at Tropea McMillan LLP.
Work With a Dedicated Environmental Litigation Lawyer
Navigating the complex and evolving environmental laws in California is a cumbersome and overwhelming endeavor for most businesses and organizations. They rarely know if they comply with the state’s legislation and risk facing unwanted lawsuits if they unknowingly fall out of compliance.
Working with a dedicated environmental litigation lawyer will help protect your organization from issues arising from California’s changing and complicated environmental laws.
Call environmental attorney at Tropea McMillan LLP today at (619) 566-0676 for your case consultation with one of our trusted attorneys.
Our San Diego office is conveniently located east of Interstate 5, just south of Mount Soledad Memorial Park.