Specialized Expertise

The Firm's partners know how to leverage their knowledge, personal regulatory contacts and vast experience to create and implement targeted, site-specific Brownfields development, site cleanup and property remediation strategies. The goal is to streamline the cleanup process, including using tools like the Polanco Redevelopment Act, CLRRA or SB 989, to maximize immunities and other liability protections and to minimize cost. The Firm also has significant litigation background in the CERCLA, Polanco Redevelopment Act, cost-recovery and environmental insurance litigation arenas, and often serves as a "troubleshooter" to guide in-house counsel and other law firms in environmental litigation, regulatory matters and Brownfields initiatives.

The Firm also has expertise in resolving environmental cleanup liability issues in the business succession and estate planning context. The Firm works well with accountants, business and estate planning attorneys and other estate and financial planning professionals on environmental contamination issues associated with business Buy-Sell Agreements, Trusts and estate plans. Kevin Daehnke is a frequent lecturer on environmental cleanup and Brownfields issues, having spoken at dozens of meetings and conferences, including several California State Bar programs and national Brownfields conferences, and serving as author or co-author of numerous articles and publications.

Specialized Expertise:

  • Brownfields Revitalization Projects
    • Including our own legislative tool, SB 989
    • Bona Fide Ground Tenant protections
  • Environmental Issues in Business and Estate Succession
    • Buy-Sell Agreements/Contaminated property
    • Trusts, LLCs/Transfers of contaminated property
  • State and local Voluntary Cleanup programs
    • Including DTSC and regional Water Boards
  • The Polanco Redevelopment Act
    • Including DTSC Environmental Oversight Agreements
  • Environmental Cleanup and Abatement Orders
  • State and local cleanup notifications
  • California's CLRRA cleanups and immunities (the new AB 389 legislation)
  • California's Site Designation Process (AB 2061)
  • CERCLA, cost-recovery and insurance litigation
    • Including Superfund Steering Committee work
    • Including litigation under the Polanco Redevelopment Act
  • Environmental insurance negotiations and placement
    • Cost cap and PLL coverage
  • Bona Fide Prospective Purchaser protections under federal BRERA statute
  • All Appropriate Inquiries Analysis under federal BRERA statute
  • Corporate Environmental Accounting Standards
    • Including FIN 47 and Sarbanes-Oxley requirements
  • Purchase/sale/leasing of contaminated properties
  • Prop. 1C Brownfields/Housing Grant monies
  • EPA Revolving Loan Fund program
  • Other state and federal Brownfield grants and loans