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Public Law: Environmental

McDonough Holland & Allen's environmental attorneys are committed to providing superior value to our clients by delivering high quality services at a fair price, helping clients avoid regulatory pitfalls, and offering practical solutions to environmental problems.

The environmental group is a multidisciplinary practice group of attorneys who are experienced in environmental matters relating to air quality, water quality and hazardous materials. The group consists of experts in public law, real estate, litigation and water law who work collaboratively to help clients prevent and/or respond to the full range of environmental concerns.

Our Client-Centered Approach

Our services are client-specific, not "one size fits all." At the outset of our representation, we listen carefully to each client's issues and tailor an appropriate solution. We believe that responsiveness to clients' needs and open communication are the foundation of a successful attorney-client relationship.

Bay Area Green Business Program

Our Oakland office was recently recognized as an environmentally friendly "green" business by the Bay Area Green Business Program, created by Bay Area local governments and businesses, and the federal and state environmental protection agencies.

Our Clients

McDonough environmental attorneys represent a wide range of environmental clients, from multi-national corporations to public entities to "mom and pop" gas stations. Representative categories of clients we've served include:

• municipalities and counties
• redevelopment agencies
• special districts
• buyers/sellers and owners/operators of contaminated property
• railroads
• mining interests
• developers
• hazardous waste transfer, storage and disposal facilities

EPG offers the full spectrum of services, including:

• soil and groundwater cleanups
• real property acquisition documentation and due diligence
• compliance counseling
• permitting assistance
• regulatory advocacy
• enforcement defense
• toxic exposures
• tax-related issues

Soil and Groundwater Cleanups

When it comes to environmental cleanups, McDonough attorneys have experience dealing with the full spectrum of sites—from facilities on US-EPA's National Priorities List to leaking Underground Storage Tanks (USTs). McDonough attorneys are knowledgeable in all aspects of cleanups, from discovery using due diligence to selecting contractors, overseeing legal aspects of the cleanup itself, and negotiating closure with regulatory agencies.

We work closely with clients to formulate an overall strategy that focuses on shifting liability where possible and/or obtaining funding for the cleanup, whether from third parties responsible for the contamination, government cleanup funds, or insurance proceeds. Many sites we deal with are embroiled in state or federal litigation, and, as appropriate, McDonough attorneys team with the firm's litigation specialists.

McDonough attorneys also advise clients on various Brownfields issues, including strategies for properly utilizing powerful laws such as the Polanco Act to compel cleanup of contaminated urban properties within redevelopment areas.

Real Property Acquisition Documentation and Due Diligence

Developers, investors and lenders acquiring real property interests —whether the interest is an ownership interest, a leasehold interest or a security interest, and whether the property is unimproved or improved—face the risk of also taking on liability for known or unknown hazardous materials contamination.

McDonough's real estate attorneys assist clients in identifying, evaluating and resolving potential hazardous materials issues in real property acquisitions. This includes participating in the client's due diligence by analyzing existing documents and Phase I Environmental Site Assessments and, if appropriate, overseeing and analyzing Phase II Site Assessments and other investigation. Where hazardous materials issues exist, our attorneys negotiate and document the acquisition transaction to minimize and control the client's risk.

Compliance Counseling

Environmental compliance is rarely a straightforward matter. McDonough attorneys work with clients to achieve and maintain compliance with the complex web of environmental laws and regulations pertaining to water quality, air quality and hazardous substances. We assist in identifying and meeting regulatory obligations, whether on a case-by-case basis, or as part of an overall "environmental audit."

Permitting Assistance

McDonough environmental attorneys are skilled at identifying all required permits and negotiating permit terms with the issuing regulatory entities that govern water quality, air quality and hazardous materials. We assist clients in obtaining the local, state, and federal permits necessary to run their operations.

Regulatory Advocacy

McDonough Holland & Allen's location in California's capital city gives us ready access to the legislative bodies that enact the state's environmental laws and the regulatory agencies that implement and enforce them.

Our working relationships with regulators enable us to raise a client's issue to the proper level and gives us the credibility to advocate our clients' positions effectively. When appropriate, we also team with lobbyists to provide our clients a powerful combination of substantive expertise and access to the legislative process.

Enforcement Defense

In recent years, federal, state, and local jurisdictions have toughened their environmental laws, regulations and ordinances, and correspondingly increased the resources devoted to punishing violators. Environmental Enforcement Task Forces now blanket the state, and many rural counties are now home to Environmental Circuit Prosecutors on loan to local District Attorneys offices for the express purpose of bringing civil and even criminal environmental enforcement actions.

McDonough attorneys have experience with administrative, civil and criminal environmental enforcement actions, whether initiated by government officials or through so-called "citizen suits." We quickly evaluate the strength of the enforcement case and give pragmatic advice on whether to "fight or pay," recognizing that often such choices are made on the basis of "business decisions" about the anticipated cost of defense. When we fight, we fight to win, and draw on the expertise of the firm's skilled litigation attorneys.

Toxic Exposures

McDonough attorneys work with clients to defend against claims relating to exposure to toxic substances. These matters typically involve allegations of customer or employee exposure to substances such as asbestos or so-called "toxic mold." We also have experience handling complex multi-suit defenses relating to such exposure claims, as well as litigation brought under California's Prop. 65.

Tax-Related Issues

The State Board of Equalization has stepped up enforcement actions aimed at collecting "past due" or "accrued" environmental taxes that many businesses never knew they had to pay. These environmental tax matters usually involve hazardous waste generator fees and facility fees.

Other tax-related environmental issues include how environmental contamination affects property taxes, assessments, appropriate income tax treatment of money spent on environmental compliance, enforcement actions, and remediation of hazardous substance contamination. When handling such matters, McDonough environmental attorneys can call on oue experienced tax attorneys to tailor solutions to the client's needs.