Environmental Law

On May 3, 2018, the Fourth Appellate District upheld the trial court’s judgment in the Williams v. Moulton Niguel Water Dist., 22 Cal. App. 5th 1198 (2018) pipe corrosion cases. Matt McMillan represented Metropolitan Water District of Southern California (“MWD”) in a bifurcated bench trial and prevailed on MWD’s defense that the plaintiffs’ claims were […]

With literally hundreds, if not thousands, of Proposition 65 (“Prop 65”) notices going out to cannabis growers, suppliers and businesses, many of the recipients of these notices are struggling with how to respond. The notices typically provide for a 60-day response period and threaten litigation. One of the individuals that has been sending many of […]

Thousands of cannabis companies, suppliers and manufacturers have been recently served with Proposition 65 (also referred to a “Prop 65”) notices. Historically, Prop 65 resulted in literally thousands if not tens of thousands of lawsuits against many different businesses and food supplies. Typically, a law firm would find a lead “plaintiff” who was ostensibly a […]

When your business is growing or expanding into new areas, you face a number of hurdles. Whether you’re investing in real estate or producing physical products, you need to consider a lot of different factors. Environmental regulations are one area that can easily get overlooked. Unfortunately, doing so could cost your company money and cause […]

In recent years, the U.S. Environmental Protection Agency (EPA) has ramped up its efforts to fine and enforce civil violations against sub-contractors and demolition businesses which remodel or renovate homes constructed prior to 1978. Specifically, the EPA cites renovators for failing to obtain firm certification and failing to comply with work practice standards under the […]

Environmental permits are one way that a company can review whether its operations comply with applicable laws and regulations. Yet the licensing and permitting process can quickly become technical. For example, the choice of whether a local, state or federal agency is the appropriate contact depends upon a company’s operations. Those with industrial operations will […]

As part of the due diligence regarding the purchase of new property, a corporation should also include screening for any potential environmental liability issues. In a recent example, the Trump Organization was denied eligibility for a state program that would have shielded it from responsibility for past pollution on a six-acre industrial property, including chemical […]

Will the Trump administration back off coal-powered energy regulations? Will the new administration reverse efforts to cut greenhouse gases? Will restrictions on coal be lifted? Some commentators anticipate these and other changes in environmental law and enforcement. As a practical matter, however, California companies should also expect continuity in their environmental obligations. The reason has […]

Environmental compliance can be costly. Take the recent example of Volkswagen and its related entities. The car maker has announced several initiatives as part of a settlement agreement with the U.S. Department of Justice, the U.S. Environmental Protection Agency, and the State of California. The lawsuit alleged that certain of the automaker’s 3.0 liter diesel […]

Those in California who enter real estate transactions or other business arrangements often face challenges regarding various laws and governing regulations. To prevent problems, it is often best to learn as much as possible ahead of time in order to familiarize oneself with potential risks. Environmental counsel and risk assessment guidance often proves helpful in […]