The Environmental, Health and Safety Practice Practice

Lawyers in L&K’s Environmental, Health and Safety Practice have represented clients in the full gamut of environmental matters, including large, complex transactions, litigation matters, major enforcement actions, and day-to-day legal questions that arise during the course of operating a facility or managing a property. L&K regularly represents clients before governmental agencies, in Superfund litigation, and in insurance coverage disputes.

L&K advises its clients on how to avoid or manage environmental issues. We have counseled clients on matters involving federal and state regulatory programs relating to hazardous waste generation, management, handling transportation, storage, regulation and liability, Proposition 65 and Community-Right-to-Know and California Business Plan requirements, asbestos management, NPDES permit requirements, Section 404 permits, waste discharge requirements, reporting obligations, storm water/other non-point source issues, enforcement actions in relations to streambed alterations, sand and gravel, and other mining issues. We regularly appear before federal and state environmental agencies, including the United States Environmental Protection Agency (EPA), and the California EPA, including its subdivisions, the California Department of Toxic Substances Control and the various Regional Water Quality Control Boards.

L&K regularly represents clients in connection with the sale, purchase, leasing, financing, and development of contaminated properties. As part of our “brownfield” practice, we draft and negotiate remediation/disposition and development agreements and negotiate with appropriate regulatory agencies for cleanup options and development alternatives for contaminated properties. L&K prides itself on finding cost-effective, practical solutions that have resulted in many successful cleanup and redevelopment projects.

L&K lawyers are keenly aware of the costs associated with litigation arising from contaminated properties, especially in Superfund cost recovery actions. We have successfully investigated and identified insurance policies and obtained insurance coverage for many of our clients either through negotiation with, or litigation initiated against, insurance carriers. When necessary, we have filed insurance coverage and bad faith lawsuits against insurance carriers.

L&K has been involved in litigation under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and under comparable state statutes. In addition to being involved in substantial Superfund litigation, we actively pursue settlement options on behalf of our clients. We also have extensive experience in toxic tort litigation involving allegations of a wide variety of acute and chronic health effects arising from the purported exposure to chemicals. As noted above, we have also successfully arbitrated or litigated on our clients’ behalf to secure defense and indemnity coverage from insurance carriers when they initially refused to provide such coverage.

… we help clients manage environmental issues in a cost effective manner …