Environmental and Land Use

Environmental and Land Use

The Klinedinst Environmental and Land Use group has a diverse background handling environmental matters, which briefly defined, means any legal obligation or liability arising under Environmental Law. This includes assisting and advising clients as to regulatory compliance issues, administrative inquiries, civil matters and criminal investigations. While we have aggressively defended litigation and enforcement actions, we also represent clients in negotiations with administrative agencies and prosecutorial bodies to resolve these disputes before they reach the courts.

Whenever possible, we counsel clients in an effort to altogether avert litigation and regulatory enforcement actions before they arise. Our experience in environmental contract and indemnity negotiations, risk assessment, and compliance counseling is invaluable to achieving these goals. If litigation or an enforcement action becomes inevitable, we have experienced litigators and trial attorneys with the skills necessary to aggressively defend our clients.

We have handled matters involving personal injury arising from exposure to hazardous substances or waste, property damage from the release or discharge of such substances or waste, and regulatory compliance related to use, treatment, labeling, storage, disposal or transportation of such substances or waste. This includes State and Federal hazardous waste cleanups, air, soil and ground water contamination, hazardous materials management, Superfund and CERCLA matters, Clean Water Act actions, toxic torts and chemical exposures, underground storage tank issues, asbestos, lead, mold and indoor air quality issues as well as California’s Proposition 65 claims.

In additional to trial experience in the courtroom, we have dealt with agencies such as the Federal Environmental Protection Agency, California Department of Toxic Substances Control, the California Air Resource Board and Air Quality Management Districts, the California Water Board and Regional Water Quality Control Boards, the State Attorney General, and countless county and local agencies.

Our clients have included industrial, commercial and residential property owners, developers and managers, consumer and industrial product manufacturers, distributors, importers and retailers, ship builders and repair facilities, agricultural operations and agricultural landowners, biosolids composting facilities, gasoline service stations, trucking and automotive repair and car washing businesses, hazardous waste and materials transporters, and numerous nationally-recognized environmental engineers, consultants and contractors.

Environmental and Land Use

The Klinedinst Environmental and Land Use group has a diverse background handling environmental matters, which briefly defined, means any legal obligation or liability arising under Environmental Law. This includes assisting and advising clients as to regulatory compliance issues, administrative inquiries, civil matters and criminal investigations. While we have aggressively defended litigation and enforcement actions, we also represent clients in negotiations with administrative agencies and prosecutorial bodies to resolve these disputes before they reach the courts.

Whenever possible, we counsel clients in an effort to altogether avert litigation and regulatory enforcement actions before they arise. Our experience in environmental contract and indemnity negotiations, risk assessment, and compliance counseling is invaluable to achieving these goals. If litigation or an enforcement action becomes inevitable, we have experienced litigators and trial attorneys with the skills necessary to aggressively defend our clients.

We have handled matters involving personal injury arising from exposure to hazardous substances or waste, property damage from the release or discharge of such substances or waste, and regulatory compliance related to use, treatment, labeling, storage, disposal or transportation of such substances or waste. This includes State and Federal hazardous waste cleanups, air, soil and ground water contamination, hazardous materials management, Superfund and CERCLA matters, Clean Water Act actions, toxic torts and chemical exposures, underground storage tank issues, asbestos, lead, mold and indoor air quality issues as well as California’s Proposition 65 claims.

In additional to trial experience in the courtroom, we have dealt with agencies such as the Federal Environmental Protection Agency, California Department of Toxic Substances Control, the California Air Resource Board and Air Quality Management Districts, the California Water Board and Regional Water Quality Control Boards, the State Attorney General, and countless county and local agencies.

Our clients have included industrial, commercial and residential property owners, developers and managers, consumer and industrial product manufacturers, distributors, importers and retailers, ship builders and repair facilities, agricultural operations and agricultural landowners, biosolids composting facilities, gasoline service stations, trucking and automotive repair and car washing businesses, hazardous waste and materials transporters, and numerous nationally-recognized environmental engineers, consultants and contractors.

Energy and Natural Resources

Klinedinst’s Energy and Natural Resources Group (ENRG) provides a full range of services, drawing from our diverse team of practitioners, including high-stakes transactions and litigation, and day-to-day advice regarding regulatory compliance, government incentives, and environmental issues. Our experience includes work in traditional and renewable energy sectors. We provide services to public utilities, clean tech companies, and solar, wind, oil, and natural gas power producers.

Transactional Services

ENRG assists clients from start to finish with a variety of transactions, including corporate formations, private placements, restructuring, mergers and acquisitions, secured financings, power purchase agreements, and engineering, procurement, and construction contracts. Our goal is to help clients succeed by effective and efficient advice, practical approaches, and industry knowledge.

Litigation Services

ENRG clients look to Klinedinst to help them resolve their disputes quickly and efficiently, whether those disputes are litigated in state or federal courts, arbitration, public utilities commissions, or elsewhere. Our experience includes litigation regarding utility tariffs, franchise agreements, utility infrastructure, and professional liability, including:

• Representation of engineering company in dispute regarding the design of oil drilling infrastructure and compliance with the Air Pollution Control District regulations.
• Representation of utility company in litigation concerning overhead clearances of distribution wires.
• Representation of engineering company concerning design of waste-to-energy production facilities.
• Representation of utility company in application for variance before Cal-OSHA.
• Representation of a solar array maintenance company accused of causing microfractures in solar modules.
• Defending biosolids power plant developer as the real party in interest in CEQA litigation.

Mold and Indoor Air Quality

Mold and Indoor Air Quality claims are best defended by experienced counsel with knowledge in construction, environmental, and toxic tort litigation.   Attorneys from these practice groups have joined forces to combine their efforts in the defense of mold and other indoor air quality claims. Whether the case involves property damage, personal injury, or both, our attorneys are well recognized for their work in this field.   In addition to publishing articles and providing expert presentations, our attorneys have successfully defended these cases at, and before, jury trial. In fact, we obtained a defense verdict in the very first wrongful death mold trial in the United States.

We represent the owners of hotels, apartment complexes, high-rise commercial office buildings, and government buildings. In addition, our attorneys represent a variety of contractors and product manufacturers in these cases.

As a firm, we view matters from the client’s perspective, applying a pragmatic approach to litigation and handling cases in a results-oriented fashion. Our Mold and IAQ team evaluates every matter to determine how it can be resolved as efficiently and expeditiously as possible.

Regulatory Compliance Including Prop 65

Klinedinst’s Environmental and Land Use group represents businesses to ensure compliance with California’s Safe Drinking Water and Toxic Enforcement Act of 1986, better known as Proposition 65. Our lawyers also respond when our clients are accused of failing to comply with the regulatory requirements of Proposition 65.

Proposition 65 was passed by the voters in 1986 and requires businesses to provide warnings to California consumers when they may be exposed to chemicals known to cause cancer, birth defects or reproductive harm. These chemicals can be found in the products that California consumers purchase, in their homes or workplaces, or that are released into the environment.

Proposition 65 is overseen by Cal/EPA’s California Office of Environmental Health Hazard Assessment (OEHHA). As part of administering Proposition 65, California maintains a comprehensive list of these chemicals which is updated annually.

Enforcement of Proposition 65 can be handled by government attorneys, such as the California Attorney General’s Office, as well as city attorneys and district attorneys. More often however, Proposition 65 claims are made and filed by dedicated consumer advocacy law firms on behalf of private citizens against manufacturers, wholesalers, retailers or other businesses that failed to provide the requisite warnings. There are strict penalties and attorney fees which can make such claims lucrative at the expense of the offending party. Although rare, the statute provides for penalties as high as $2,500 per violation per day and attorney fees are typically the largest component of the settlement.

Lawsuits for Proposition 65 violations must be preceded by a 60-day notice of violation which allows for early settlement, a “cap” on exposure and provisions for curing the failure. If suit must be filed, fees and costs can rise dramatically and settlement can only be secured through a court approved consent judgment.

Klinedinst attorneys work closely with businesses to ensure compliance with Proposition 65’s regulatory requirements. If a claim is made, our attorneys have handled hundreds of claims and defended numerous lawsuits. We are experienced at negotiating resolution with both the California Attorney General’s office as well as the consumer advocacy groups that bring the majority of these claims.