Areas of Practice

CEQA

PC Law Group has assisted clients with all aspects of California Environmental Quality Act (“CEQA”). We have helped both developers and agencies navigate the procedural requirements of CEQA, including participating in the preparation and agency processing of Environmental Impact Reports and Negative Declarations as well as advising developers and agencies during the public participation process. The projects we have handled and are currently handling are quite complex, from a sewer tunnel project to along range transportation plan. We have also assisted private and non-profit entities in ensuring that leadagencies comply with CEQA. As such, we have both successfully prosecuted and defended complex CEQA lawsuits and this gives us a unique perspective on projects subject to CEQA.

Zoning and Entitlements

PC Law Group has represented residential, industrial, and commercial developers and we are well-versed in obtaining and defending local land use permits, zoning changes, and other related state and federal permits and approvals necessary to successfully develop real property. PC Law Group has extensive experience interfacing with various federal, state, and local agencies.

Hazardous Materials/Contaminated Property

PC Law Group has extensive experience representing clients in cases brought under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the corresponding California statutes. This work spans all Superfund and related matters from government cost recovery and natural resource damage actions to private party contribution actions and insurance coverage.

Through negotiations with regulatory agencies, we have reduced clients’ settlement amounts and helped establish acceptable terms and conditions in administrative orders for remedial work. We have also negotiated the terms and conditions of administrative orders on consent for the voluntary performance of remedial work at state and federal contaminated sites. Our work in this area has involved a wide range of contaminants and federal and state sites throughout the country. Recently, emerging chemicals such as perchlorate and 1,4 dioxane have become the subject of cost recovery actions. We are at the forefront on these issues and continuously monitor the developing state and federal standards.

PC Law Group also has significant experience counseling clients on the federal Resource, Conservation, and Recovery Act (RCRA). In addition to assisting with regulatory interpretations under RCRA, wehave negotiated compliance plans, corrective action orders, and enforcement orders on behalf of ourclients. We have also provided guidance on solid waste classification, permitting, remediation, and enforcement matters.

PC Law Group also works with property owners with contamination issues by acting as a liaison with the oversight agency and interfacing with responsible parties to expedite remediation. We have also assisted with due diligence matters in the transfer of contaminated properties and have overseen environmental audits. We also advise clients on redevelopment issues and have successfully applied the Polanco Act on behalf of a redevelopment agency seeking to clean up contaminated site.

Air Quality

PC Law Group is familiar with permitting, compliance, and enforcement issues pursuant to the federal Clean Air Act and the corresponding state statutes. We have advised clients with respect to Title V Operating Permits, and have handled administrative enforcement matters initiated by both the California Air Resources Board (CARB) and the South Coast Air Quality Management District (SCAQMD). We have also litigated matters on behalf of enforcement agencies including defending rule making challenges. We have also litigated complex Clean Air Act issues involving the State Implementation Plan for the South Coast Air Basin.

Water Quality

PC Law Group has handled National Pollutant Discharge Elimination System (NPDES) permitting, compliance, and enforcement issues pursuant to the federal Clean Water Act and the corresponding state statutes. We have litigated NPDES permit issues involving penalty assessments and point ofcompliance issues and have navigated the administrative process before the regional and state boards. We are actively engaged in the California Ocean Plan Amendment process and are assisting with legislation involving water quality issues. We have also advised clients with respect to, wetlands, and Section 404 permits, and have litigated Total Maximum Daily Load (TMDL) issues.

Climate Change

PC Law Group is well-versed in the rapidly-evolving international, regional, and state climate change and global warming initiatives relating to emissions of greenhouse gases, including the Kyoto Protocol and California’s Assembly Bill 32. We have counseled clients on the impact of AB 32 and SB 375 on land use, particularly with respect to CEQA compliance issues from both the lead agency perspective and a stakeholder perspective. We are currently advising a metropolitan planning organization with respect to its implementation of SB 375 and development of a sustainable communities strategy (SCS). We have also advised our clients regarding climate action plans and we are continuing to monitor the development of law and policy in this area. We also have expertise in “Green Building” and Leadership in Energy and Environmental Design (LEED) standards as regulated by the U.S. Green Building Council (USGBC).

Green Chemistry

PC Law Group has been carefully following Cal/EPA Green Chemistry Initiative, which is the state’s approach to identifying options to significantly reduce the impacts of toxic chemicals in consumer goods on public health and the environment. We are advising our clients on the developments in this area as it will have wide- reaching impacts to our manufacturing clients akin to Prop. 65.

Proposition 65

PC Law Group advises clients on Prop. 65 compliance issues and we have effectively litigated and negotiated numerous settlements for manufacturers, distributors, and retailers.  We are able to evaluate products, assess and mitigate risk, and implement compliance programs.