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Environmental Law Archives

Worried about environmental compliance? An attorney can help

When your business is growing or expanding into new areas, you face a number of hurdles. Whether you're investing in real estate or producing physical products, you need to consider a lot of different factors. Environmental regulations are one area that can easily get overlooked. Unfortunately, doing so could cost your company money and cause major setbacks to growth. If you are non-compliant with either state or federal environmental standards, you could get fined. You could also be forced to invest in cleanup efforts or finance major renovations to your facility to avoid future issues.

The EPA Steps Up Enforcement Of Civil Violations From Lead-Based Paint Renovation

In recent years, the U.S. Environmental Protection Agency (EPA) has ramped up its efforts to fine and enforce civil violations against sub-contractors and demolition businesses which remodel or renovate homes constructed prior to 1978. Specifically, the EPA cites renovators for failing to obtain firm certification and failing to comply with work practice standards under the Toxic Substances Control Act (TSCA), the Residential Lead-Based Paint Hazard Reduction Act, and the Renovation, Repair and Painting Rule (RRP Rule), 40 C.F.R. Part 745, Subpart E.

More businesses voluntarily beginning to track greenhouse gas emissions

Last time, we looked briefly at a legislative proposal that would entail a new scheme for the regulation of carbon emissions in California. As we noted, the state of California is particularly strict when it comes to environmental regulations, and environmental compliance is an important aspect of doing business.

Lawmakers propose new scheme to regulate carbon emissions in California

Carbon emissions regulation is an important issue for businesses, not only because of the fact that businesses are regulated at both the state and federal level in this area, but because there are costs associated with noncompliance.

California eyeing new environmental law after Rams stadium issue

Fans of the California football team, the Los Angeles Rams, have been celebrating the fact that construction is starting on the new stadium for the team. Area residents, however, feel frustrated and even infuriated that courts ignored their legitimate concerns. State courts ruled against lawsuits with legal concerns as a result of the law requiring speedy resolution to these issues.

Work with experienced attorney to address environmental law compliance

In our last post, we began looking at litigation currently being faced by the multinational agricultural product company Monsanto concerning the chemical glyphosate. As we’ve noted, the corporation is facing allegations concerning its marketing of glyphosate, a potentially carcinogenic chemical used in a variety of its products.

Monsanto facing numerous lawsuits over glyphosate effects

Monsanto is one of the leading controllers of food produced in the United States and worldwide, and is well known for its leadership in genetic modification of crops and its production of agricultural chemicals. Some of the Monsanto’s chemical products, such as polychlorinated biphenyls, have been discontinued due to evidence that they are unsafe for human and animal populations.

New California environmental bills have challenging goals

It is of course indisputable that every reasonable person in California -- from every walk of life, from both sides of the political aisle and from at-all-costs environmentalists to ardent business supporters -- wants clean air and water, coupled with enduring and sustainable natural resources.

Understanding Clean Water Act Violation Claims

Clients frequently receive a "Notice of Violation" from a regulatory agency and/or sometimes from private law firms alleging violation of the Clean Water Act ("CWA"). With the most recent changes in the CWA regulations, various facilities and operations that were previously in compliance with the CWA and had appropriate storm water plans in place may not find themselves no longer in compliance with the regulations. Accordingly, it is important for various facilities to take steps to make sure that they are in compliance with the newest regulations. Additionally, when receiving a "Notice of Violation" the client needs to promptly take action and respond. Ignoring the "Notice of Violation" is unlikely going to lead to a good result and most likely lead to a lawsuit and potential increase in liability. The key component in the response to receiving the "Notice of Violation" is to understand and careful examine whether an actual "violation" has occurred. As we've found with multiple clients that have received such notices, in many instances many of the alleged "violations" are not in fact a "violation" and thus no penalty should be assessed. In some instances, we have been successful in having claims of violations in excess of several hundred thousand dollars to be dropped entirely and/or reduced to an amount that is more reasonable for the client. As a result, a successful defense of such claims is predicated on a thorough understanding of the evidence and actual facts.

Contact us now to begin a confidential case evaluation:

Caufield & James, L.L.P

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