EGC_JDSupraLogo[9].jpeg
Green lawn and background blurred, The morning sun shines on the green lawn.jpg

REMEDIATION PROJECTS
 

We have decades of experience working with U.S. EPA, DTSC, RWQCBs, and local agencies to help our clients remediate properties.

 

We are familiar with all aspects of cleanup.  We counsel clients on reporting and disclosure obligations that may apply to the discovery of contaminants in soil, groundwater, soil vapor, or indoor air; potential liabilities and approaches to managing those liabilities during the course of the remediation; compliance with cleanup orders; (e.g., land use restrictions, access agreements, community fact sheets); and potential sources of cost recovery (e.g., parties responsible for the releases, insurance, state orphan fund). 

 

We have special expertise with vapor intrusion.  At present, vapor intrusion continues to be a driver for many remediation projects, with adoption of U.S. EPA's conservative attenuation factor for soil gas expanding the scope of the cleanup at many sites.  We are also seeing more extensive vapor intrusion investigations required, more frequently involving off-site properties implicating not just access issues but creating other potential liabilities.

 

We managed one of the state's first evacuation directives in light of the short-term exposure risks believed to be associated with the presence of TCE. Since then, we have worked with both DTSC and a RWQCB on mandatory evacuation of tenants and/or residents. We also advise on routine vapor intrusion investigations, including reporting and disclosure requirements, and negotiating third-party access agreements.

 

We are closely tracking the new draft guidance for vapor intrusion investigation and evaluating how these new requirements will affect our clients both as to sites previously closed, about to be closed, or from an acquisition and financing perspective. 

 

Our team of experienced attorneys work closely with some of the best environmental consulting firms in the business. 

Representative projects include sites that formerly operated as dry-cleaners, gas stations, a pesticide packaging facility, manufacturing facilities, plating operations, transportation facilities, an underground oil pipeline, and others.  We have experience with volatile organic compounds, petroleum, pesticides, and some of the newly emerging contaminants.

DEVELOPMENTS 

The DTSC, SWRCB, and the San Francisco Bay RWQCB have recently issued
long-awaited new draft guidance for the investigation of vapor intrusion.
This new guidance is expected to have major impacts on properties contaminated with volatile organic compounds.

Click here for information about Proposition 65 warnings and
contaminated properties and vapor Intrusion