With the continued growth of California's role as an environmental standard-bearer, domestic and international businesses, universities, and professional associations are increasingly entrusting their environmental matters to Arnold & Porter. Deeply experienced with California's innovative laws, we ably address their impact and implications for marketplace competition, corporate compliance programs and potential multiforum litigation.

Clients: Our substantial know-how helps clients navigate the increasingly complex matrix of state and federal environmental, health and safety regulations that impact companies and institutions with business interests in California. Bechtel, BP/Atlantic Richfield, Honeywell International, General Mills, Bayer/Monsanto, PepsiCo, Recology, Stanford University, the University of California, and Walt Disney Parks and Resorts are just a few of the leading multisector US and international organizations that rely on our California Environmental team.

Capabilities: Our California Environmental practice encompasses the full range of environmental regulatory, litigation, and real estate/transactional issues that face companies with business interests in California, including:

Regulatory / Compliance

  • California Health & Safety Code
  • State and federal hazardous substance statutes, including HWCL, HSAA, CERCLA, RCRA, FIFRA, TSCA, EPCRA
  • Contaminated site cleanups (state and local agencies, including DTSC, state and regional water boards, cities and counties, and federal EPA).
  • Proposition 65, including regulatory rulemaking proceedings and compliance counseling.
  • Legislative advocacy, before California's legislature, governor's office and regulatory agencies on any and all environmental issues, especially those facing consumer products—including California's Green Chemistry Initiative and Product Stewardship Laws(E-waste, pharmaceutical take-back, mercury thermostats and recycled paint).
  • Climate change and air toxics, including matters before the California Air Resources Board and California Air Quality Management Districts, mobile sources, new source review, permitting.
  • Land use/natural resources, including damage assessment and litigation, Water Code, Fish and Game Code, Food and Agricultural Code (pesticides), and the Public Resources Code (CEQA, integrated waste management, beverage recycling, energy conservation, etc.), and NEPA.
  • Water quality, including Porter-Cologne Water Quality Control Act, Clean Water Act, storm water management, wastewater treatment, waste discharge requirements and NPDES issues.

Litigation / Enforcement

  • Defense against administrative, civil and criminal enforcement actions, citizen suits, class actions and toxic torts under California/federal environmental law.
  • Prop 65 and litigation defense in a variety of consumer product and environmental exposure claims (including litigation challenging chemical listings under Prop 65).
  • CARB enforcement proceedings and investigations defense for automobile and consumer product companies.
  • Trade associations and corporations as plaintiffs in litigation challenging environmental regulations, including CARB and pesticide regulations.

Real Estate / Transactional

  • Brownfields redevelopment, including deed restrictions, successor liability, prospective purchaser agreements, covenants not to sue and related issues.
  • Environmental due diligence in M&A and real estate transactions, and environmental insurance and indemnification coverage.
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