Environmental Law

Environmental matters touch nearly every aspect of modern day business and commercial activity, from the most intensive industrial manufacturing to the acquisition of pastoral ranchland; they can affect your entire supply chain, and live-on as legacy liabilities long after disposal. Because of this broad exposure - much of which is not readily apparent – it is vital to have experienced environmental counsel on your team to spot issues and draft protective documents. Our lawyers possess the depth and expertise necessary to navigate these issues on local, state, federal and international levels.

Stradling’s environmental practice covers transactional (mergers, acquisitions, commercial contracts and due diligence), litigation, land-use, and regulatory compliance counseling, with a particular focus on strategic and practical approaches that maximize business opportunities and minimize risk.

Key Value Adds

• Conducting “right-sized” environmental due diligence for full range of business and land use types, including oversight of Phase I and Phase II environmental site investigations and Superfund/CERCLA cleanup matters;
• Drafting protective contract language and discerning regulatory compliance requirements for high risk tenants and sellers such as gas stations, dry cleaners, industrial sites and for asbestos, mold and indoor air quality;
• Facilitation and negotiating with regulatory agencies concerning spills of hazardous materials and non-compliance (including with respect to cannabis cultivation);
• Navigating the daunting requirements placed on manufacturers to meet consumer labeling and packaging requirements (including significant experience defending California’s Proposition 65) and socially-responsible sourcing requirements such as conflict minerals and US State Department imposed sanctions concerning international human rights labor practices.
• Vast network of environmental, health and safety consultants, insurance providers and throughout the regulatory community.

Corporate Transactions
In the corporate arena we have advised both buy and sell-side clients on the full range of environmental risks and opportunities in hundreds of transactions including mergers, portfolio investing, asset sales, financings and offerings in a wide variety of business sectors worldwide, including manufacturing, energy and mining, chemical, health care and pharmaceutical, communications, electronics, tech, infrastructure, and real estate.

Our level of involvement is tailored to meet our client’s risk comfort profile and often commences with diligence of potential environmental issues prior to an acquisition, and follows through to post-closing assistance with company integration, permitting and compliance audits.

Real Estate
Whether obtaining an interest in real property as a stand-alone acquisition, a lease, or as part of a bigger business transaction, it is essential to understand the environmental history and, if applicable the geotechnical, seismic and structural attributes of the parcel and improvements. Stradling attorneys are experts in identifying environmental risks based on past uses of land, and in developing cost off-sets and/or remedial strategies for addressing such risks. Our oversight of the diligence process, which may include Phase I and Phase II environmental site assessments, property condition evaluations and geotechnical analyses, keep such information gathering steps moving along efficiently, and result in increased leverage for our clientele. We routinely use our expertise to negotiate real estate contract provisions, environmental indemnity agreements and complex lease arrangements.

Our expertise in environmental matters concerning real estate also extends to evaluating coastal commission and Williamson Act restrictions, water well agreements, NEPA/CEQA environmental impact reviews, and a broad range of other needs.

Regulatory Compliance
Stradling possesses significant experience representing clients in environmental regulatory and administrative matters. Our established relationships with administrative bodies and governmental agencies - in California, Washington DC and many other states – help to successfully navigate compliance matters, notices of violation, cleanup orders, permits and a range of other complex issues that emerge under environmental law.

Manufacturers, developers, energy, industrial and commercial companies of all types rely on our expertise and strategic approaches to address the intricate and shifting environmental, health and safety requirements including with respect to air emissions, odor control, efficient closure of impaired properties (e.g. former gas stations and drycleaners), and in obtaining reimbursement from underground storage tank (UST) trust funds.