Practice Areas

Practice Area Details

Environmental

The widespread presence of contaminants throughout the environment is an unfortunate reality. To avoid the often draconian impact of environmental laws, a thorough review of the potential for liability needs to be a central element of every transaction involving a real property, business and corporate assets, loans, and equity. RMKB provides transactional services to meet these needs, including:

  • Conducting environmental due diligence examinations of property or assets prior to purchase or sale.
  • Drafting and review of sales, purchase, leasehold and loan agreements and equity transactions to determine if legal issues related to the actual or potential presence of contaminants have been fully and completely addressed.
  • Working with environmental engineers to conduct on-site reviews of leaseholds and business operations to determine if operational units, tenants or sublessees are complying with state and federal environmental statutes and regulations.

 

When environmental litigation becomes necessary or is imposed by third parties, RMKB can provide efficient and cost-effective representation. Our environmental team takes considerable pride that the combination of our experience, staffing practices, and billing innovations consistently deliver economical, results-oriented services to our clients.

We have extensive experience with a wide variety of both federal and state litigation and administrative actions involving such federal laws as CERCLA, RCRA, Clean Air Act, and Clean Water Act, and such state laws as the Porter-Cologne Water Quality Act, Hazardous Substances Account Act, and Hazardous Waste Control Act. We are experienced with so-called "citizen suits" under federal law, with actions pursuant to California's Proposition 65, as well as with injunctive relief actions.

Additionally, we have substantial experience with common law torts, such as nuisance, trespass, and negligence, which are widely used in litigation involving toxic torts and real property contamination; we have handled over many underground storage tank cases (involving both hydrocarbon fuels, such as gasoline and diesel, as well as hazardous wastes).  We have represented a broad range of clients ranging from Fortune 100 corporations and some of the largest owner/developers in California to individual homeowners, in matters involving more than $100 million in alleged damages.