Environmental Compliance, Permitting & Transactions

In every industry, companies operating regulated businesses, expanding existing operations, or acquiring new property or equipment must comply with environmental laws and regulations. Alston & Bird’s team of environmental lawyers serve as a collaborative resource that your company can rely on to stay up to date on such regulatory compliance matters. We advise a diverse array of industrial, commercial, development, and government clients with obtaining necessary permits, reviewing applicable law and regulations, and interacting with the regulators. Some of our clients’ project objectives include approvals for new and upgraded wastewater treatment plants, manufacturing operations, energy production facilities, landfills, large-scale industrial operations, and development of residential and commercial real estate.

Once obtained, permits may be challenged by private citizens, governments, and agencies. We defend challenges to permits, helping ensure that our clients have a clear path to achieving their business goals while operating within existing laws and regulations. We closely monitor the constantly shifting regulatory and policy developments at the state and federal levels so that we can advise our clients in real time about issues that matter to them. With in-house seminars and presentations at client compliance meetings, our environmental lawyers are dedicated to keeping you informed so you can anticipate the impact of changes coming out of Washington, D.C., California, or any jurisdiction that may affect your business.

Environmental law stands to become only more complex with time. Count on us for nuanced, responsive legal guidance to oversee and advise on your environmental assessments for complex development projects and to develop robust internal compliance programs and risk mitigation measures.

• Served as environmental counsel for the largest rail infrastructure project in the United States, which consolidated three existing rail lines into a single line linking the ports of Long Beach and Los Angeles with major rail yards located south of downtown Los Angeles. Developed an environmental protocol for dealing with soil and groundwater that would permit construction to proceed without interruption, obtaining approval from the relevant environmental agencies prior to the start of construction. The project was completed on time and under budget.
• Negotiated the first Project XL Agreement entered with the U.S. Environmental Protection Agency on behalf of a pulp and paper company. This multimedia regulatory flexibility project is expected to save the client as much as $20 million in compliance costs.
• Represented a major cement company in obtaining unanimous approval from the Planning Commission of San Bernardino County for their environmental impact report (EIR) and permit to expand one of the company’s California mines from approximately 200 acres to approximately 400 acres. This facility is one of the highest-capacity cement plants in the United States. Issues include water quality, air quality, endangered species and visual impacts, among others.
• Drafted contracts to facilitate the purchase and sale of slightly spent solvents and other similar materials that might otherwise be classified as hazardous waste. Legally classifying the materials as non-hazardous waste enabled the companies to save costs associated with transporting and handling hazardous waste and reduced exposure to environmental liability.
• Represented a client in securing the necessary land use and environmental permits for a new supertanker marine terminal for the Port of Los Angeles, including pipelines necessary to transfer crude oil and intermediate petroleum products, as well as new storage facilities with four million barrels of capacity. We defended the project’s environmental impact report during administrative and legal challenges. We also secured all necessary environmental permits, including air and water quality permits, a 404 permit and a coastal development permit.
• Successfully defended a challenge against the Southeast’s most critical water discharge permit, vital to completion of a $400 million wastewater treatment upgrade necessary to environmentally responsible growth in the region.
• Currently representing a major oil industry client in the environmental review and permitting of a project proposing to inject carbon dioxide (CO2) for purposes of enhanced oil recovery and resulting carbon sequestration.
• Advised a major California school district’s Environmental Health and Safety Branch (EHSB) regarding the application of the California Environmental Quality Act (CEQA) to more than 30 proposals to acquire potential school sites, construct new schools and/or expand or modify existing schools. In addition to providing advice regarding compliance at specific sites, we proposed strategies for the overall design of the District’s CEQA compliance program to (1) improve consistency as a means of reducing the risk of litigation challenging school siting decisions, (2) reduce costly repetition and redundancy in CEQA compliance for multiple school sites and (3) improve efficiency. We also worked with the district to develop a template EIR to address environmental assessment methodologies and issues that are common to many school sites. Currently representing the district is a cost-recovery suit.
• Represented a major oil company in penalty negotiations with the U.S. EPA regarding a failure to have an adequate Spill Prevention Control and Countermeasures Plan for tankage leased from an out-of-state terminal company.
• Represented a waste management company in the expansion of a major regional landfill in the north San Fernando Valley area of Los Angeles, including review of EIR and regional planning issues. Also obtained necessary environmental permits, including Waste Discharge Requirements, a Solid Waste Facilities permit, air permits, a 404 permit and a Streambed Alteration Agreement.
• Served as chief counsel for the nation’s largest landfill, located near Joshua Tree National Park. Oversaw preparation of the EIR, obtained local land use and environmental permits and successfully defended the project against repeated legal attacks in trial court through the California Supreme Court.
• Performed comprehensive environmental due diligence work for a major power company, enabling it to obtain the necessary financing to acquire three Southern California power plants during the period of energy deregulation.
• Conducted an environmental audit of a facility in the fabricated metal products industry to determine compliance with applicable requirements under storm water regulation, hazardous waste control laws, California Proposition 65 and water quality waste discharge requirements. With our advice and the assistance of a consultant, the company was able to achieve compliance with applicable state and federal requirements.
• Compiled a detailed, multivolume compliance manual to assist a major West Coast refiner in properly reporting spills of hazardous materials under federal law and the laws of five western states. The compliance manual is designed as a hands-on tool to allow company personnel to quickly identify which reports apply and which governmental agencies must be notified.
• Representation of a major entertainment industry trade association on environmental regulatory requirements. Representation includes advice on compliance with existing regulations, as well as participation in rulemaking activities that may affect studio and production operations.

Air and Water Quality

• Represented several major oil companies in developing EIRs and obtaining air quality and other permits required for new reformulated gas (RFG) projects at their respective refineries.
• Represented a major oil company in negotiating variances and penalties for alleged air quality violations at terminal facilities adjacent to its refinery.
• Obtained all required air permits for a large automobile reconditioning facility in Southern California.
• Secured air permits for a weapons test facility operated by a local aerospace company in Southern California.
• Represented a high-tech company in obtaining an exemption to a proposed air quality rule that would have precluded the use of a solvent crucial to the client’s production process. The exemption allowed our client to continue its operations without limitation.
• Settled a regulatory enforcement matter pursued by a regional air quality management district against our client, a major oil drilling company, with potential penalties in excess of $200,000. Settled the action for penalties that were less than $9,000.
• Represented a major oil refinery in obtaining a variance from an air quality management district rule applicable to the storage of petroleum coke. Although strongly opposed by the district prosecutor’s office, this variance enabled our client to continue operation of its refinery during a prolonged lockout of longshoremen from West Coast shipping ports.
• Advising one of the world's largest transportation companies on mobile source issues pertaining to worldwide fleets of vehicles and aircraft.
• Advising the Washington, D.C. Board of Trade on air quality and transportation issues.
• Advising three different major U.S. cities on threatened or actual Department of Justice and Environmental Protection Agency wastewater enforcement actions.
• Counseling a southeastern city on pending “water wars” concerning southeastern water supply issues.

Brownfields

• Represent a developer in connection with a proposed $500 million mixed-use project and adjacent medical office complex at a former manufacturing site in West Los Angeles impacted by VOCs; obtained a “no further action” determination from Los Angeles Regional Water Quality Control Board (RWQCB) for first phase parcel; negotiated a cost-recovery agreement from former operator tenant.
• Represented a developer in obtaining first-of-its-kind approval for a large, single-family residential project at a former oil field disposal site, utilizing state-of-the-art barrier and sub-slab depressurization technology to mitigate potential vapor intrusion concerns and ensure long-term public health based on stringent risk-based safety standards.
• Represented a landowner in negotiating various environmental agreements with its operator tenant in connection with the investigation/remediation of VOC contamination at a former manufacturing facility in Santa Monica, and eventual sale to a national development company.
• Served as counsel for all facets of a brownfield redevelopment project to restore idle property for multipurpose commercial use. Included Regional Water Quality Control Board (RWCQB) oversight and regional soil and groundwater impacts.
• Have taken more sites through Georgia's brownfield program than any other law firm.

Compliance

• Negotiated the first Project XL Agreement that was entered with the U.S. Environmental Protection Agency for a pulp and paper company. This multimedia regulatory flexibility project is expected to save the client as much as $20 million in compliance costs.
• Assisted in the development of corporate-wide environmental compliance programs, including multi-tiered audit programs for a major transportation company.