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Environmental Compliance and Risk Management - Air, Water, Land, & Species

We assist our clients in resolving environmental issues relating to land use development planning, remediation, federal and state permitting, and regulatory compliance. We team with environmental consultants, engineers, and insurance companies to create integrated strategic technical-financial-legal solutions.  Our attorneys negotiate with regulators and practice before administrative boards including the air quality management districts and the state water boards.  Jackson Tidus attorneys are routinely involved with the review, analysis, and preparation of defensible California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) documents and the related mitigation programs.  Our environmental services include:

  • CEQA and NEPA compliance and litigation
  • Mitigation implementation and enforcement, mitigation easements, access rights, and mitigation monitoring programs
  • Acquiring and protecting water rights for existing and proposed agricultural and development projects
  • Strategic water supply planning and analysis (including SB 610 & SB 221)
  • Distribution/storage/transmission/transfer of water
  • Water quality; federal Clean Water Act (CWA), wastewater and stormwater discharge permits (municipal separate storm sewer systems or “MS4s” and construction activities)
  • Emerging stormwater regulations including Low Impact Development and Hydromodification rules
  • Groundwater basins and streams, including management of water resources and representation in water rights adjudications
  • Air quality compliance under the federal and state Clean Air Acts and local air quality regulations, including enforcement defense of violation notices and orders for abatement, negotiating settlements, and obtaining variances
  • Working with air regulators to shape rules, policy, and State Implementation Plans (SIPs)
  • Air emissions and odor nuisance matters
  • Global warming and climate change including CEQA greenhouse gas (GHG) emissions inventories and control measures to reduce “carbon footprints” consistent with established protocols and standards
  • Advice on SB 375 – integration of regional transportation and land use planning including sustainable community plans to reduce GHG emissions
  • Federal and California Endangered Species Acts, habitat conservation plans, and biological opinions and consultations with U.S. Fish and Wildlife Service and California Department of Fish and Wildlife
  • Delineation of wetlands and riparian areas, obtaining coverage under nationwide and individual wetlands permits, and resource banking and offsets
  • Groundwater/soil subsurface contamination remediation and cleanup disputes including contribution and damages under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Resource, Conservation and Recovery Act (RCRA), Hazardous Substance Account Act, and common law trespass and nuisance principles
  • Local Coastal Plans (LCP) under the California Coastal Act
  • Obtaining environmental insurance coverage, including first party remediation costs and third-party liability coverage; negotiation with prospective environmental insurers for coverage; assisting client with environmental insurance coverage issues when they arise; and providing litigation services when environmental insurers deny claims or other coverage disputes arise.

Land use, zoning and planning issues are often intertwined with environmental issues; CEQA and NEPA compliance with development approvals being a common example.  Jackson Tidus has litigation attorneys that concentrate on environmental and land use development litigation.  One advantage of Jackson Tidus’ full service approach and seamless integration of strategy is that many of our attorneys that provide land use development services are also well-versed in the related environmental issues and litigate the case efficiently and avoiding the need and the costs of bringing litigation counsel “up to speed.”  Jackson Tidus’ approach to environmental law includes advice and consultation with our insurance lawyers so clients can proactively manage risk associated with environmental contamination. Our environmental attorneys work closely with Jackson Tidus’ real estate attorneys to evaluate and address environmental issues in purchase, sale, leasing and financing documents.