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Environmental and Land Use Law

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The ownership, development, and use of land and natural resources are highly complex undertakings that The Gallagher Law Group deals with every day.

Development projects require compliance with a myriad of federal and state environmental protection laws. Matters involving existing and/or potential contamination require proficiency in the practice of these laws and fluency in the relevant science and technologies. Investigation of environmental contamination and remediation efforts usually span several years, if not decades or more, at costs in the tens or hundreds of millions of dollars.

Over the years, The Gallagher Law Group has developed a strong reputation with regulators, insurance professionals, environmental consultants and contractors. We leverage our extensive expertise on behalf of our clients to achieve the timeliest and most cost-effective resolution of all types of environmental issues.

Our attorneys are well-versed in the latest developments in science and technologies – and experts on the ever-changing regulations and environmental laws. The firm's specialized skill-set facilitates our assertive yet cooperative approach to litigating environmental matters.

We pursue and defend against environmental claims; we counsel and advise on risk management strategies and regulatory compliance issues; and we assist with environmental due diligence efforts on behalf of businesses, governmental entities, environmental groups, and individuals.

Groundwater, Surface Water, and Soil; Brownfields Redevelopment

The Gallagher Law Group is experienced in complex matters involving water, soil and property, which may include any combination of the following:

  • Cost recovery, contribution actions, and injunctive relief under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or "Superfund"); Brownfields; the Resource Conservation and Recovery Act (RCRA); and/or California's Hazardous Substances Account Act (HSAA);
  • The closure and cleanup of underground storage tanks (USTs) and/or treatment, storage, and disposal facilities (TSDFs);
  • Claims for property damage under federal and state laws, as well as common law negligence, nuisance, and trespass;
  • Investigation of hazardous substances such as perchlorate, volatile organic compounds (VOCs), and acid mine drainage (AMD); and evaluation of remediation alternatives and risk;
  • Storm water and waste discharge permitting pursuant to the Clean Water Act (CWA) and/or California's Porter-Cologne Water Quality Control Act (Porter-Cologne);
  • Challenges and claims related to impaired waters and "total maximum daily load" (TMDL) requirements;
  • Environmental impact review compliance and related challenges under the National Environmental Policy Act (NEPA) and/or the California Environmental Quality Act (CEQA);
  • Consideration of appropriative water rights and water supplies.

Our attorneys have served critical roles in several high-profile Superfund lawsuits and settlements, including the Iron Mountain Mine Site, the Casmalia Resources Site, the Operating Industries Site, the Sulphur Bank Mercury Mine, the Leviathan Mine, the BF Goodrich Site, and the Del Amo Site on behalf of both public and private clients. We have extensive experience litigating, mediating, and advising on the remediation and redevelopment of contaminated properties.

Air Pollution

Matters involving the existing or potential releases of airborne contaminants require specialized knowledge, experience and expertise. We have specialized knowledge regarding complex air quality laws and regulations, air dispersion computer modeling, toxicity of air emissions and air pollution controls. Our attorneys have successfully represented public and private clients on a range of air quality litigation and administrative law matters, including:

  • New and modified source permitting, challenges, and claims under the federal Clean Air Act (CAA)
  • Air emissions associated with oil and gas production
  • Participation in state implementation plan (SIP) development and other rulemaking proceedings
  • Consideration of "prevention of significant deterioration" (PSD) criteria and determination of "best available control technology" (BACT)
  • Environmental impact review compliance and related challenges under the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA)

Environmental Insurance

The Gallagher Law Group was among the first to develop insurance and risk management solutions for complex environmental problems.

We work with remediation project proponents, potentially responsible parties, and environmental insurance companies to design and implement solutions, which may include project-specific insurance, payment and performance bonds, extended coverage provisions, indemnities, and other specialized contract terms.

Examples of our successes here are numerous and include the historic, $1 billion settlement of litigation over the Iron Mountain Mine Superfund Site, the Jamestown Mine Site and a host of other sites.

Prop 65

California's Prop 65, also known as the Safe Drinking Water and Toxic Enforcement Act, was enacted to prevent the exposure to cancer-causing chemicals through drinking water and other means. Compliance and enforcement matters related to Prop 65 arise not only from business operations, but also remedial efforts prompted by environmental and toxic tort claims.

The Gallagher Law Group has represented businesses, municipalities, and agencies in toxic tort and Prop 65 litigation. We handle a range of cases, ranging from those that are small and involve only a few parties to those that are large and complex involving multi-party claims. In representing our clients, we utilize all the tools and resources at our disposal, including the latest advances in technology, to gain every advantage in developing and preparing cases for success in the courtroom.

 

Testimonials

“I have the privilege of working as coverage counsel on a case involving Mr. Bloomfield.  His encyclopedic knowledge of both the law and the underlying facts in complex environmental cases is truly a gift to his clients and the legal profession.”

California

Watt Plaza
1875 Century Park East
Suite 1550
Los Angeles, CA 90067

310-203-2600 tel
310-203-2610 fax

Colorado

2060 Broadway
Suite 280
Boulder, CO 80302

303-800-6900 tel
303-800-6910 fax

Hawaii

73-5574 Maiau Street
Suite 1(B)
Kailua-Kona, HI 96740

808-329-4811 tel

 

 

©2013 The Gallagher Law Group
A Professional Corporation