Environmental and Land Use Law

 

The ownership, development, and use of land and natural resources are highly complex undertakings that Manzetti & Morrow LLP 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.

Working in his family business for over 32 years, David Manzetti 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.

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.

 Brownfields Property Cleanup and Redevelopment

The Manzetti & Morrow LLP is experienced in complex matters, 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.

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.