Walsworth Franklin Bevins & McCall's Environmental/Pollution practice focuses on defending property-owners and tenants in all aspects of environmental, pollution, and clean-up claims. Environmental, pollution, and clean-up cases generally involve property damage or cost recovery claims arising from the alleged contamination of property over the course of decades of use. These cases involve the coordination of public agencies, including the Environmental Protection Agency and Department of Toxic Substances Control and private counsel to evaluate the contamination and develop a plan to clean it up.
WFBM handles all aspects of the defense of these claims by initially evaluating the alleged contamination to determine what type of contamination is present (if any), apportioning the costs of cleaning up the pollution (if necessary) and securing no further action letters. WFBM investigates the extensive history of the property and nearby community to determine whether additional parties are responsible for contribution or indemnification. WFBM works with geotechnical engineers, hydrogeologists, chemists, regulatory agencies and other legal counsel to apply sophisticated techniques in the repair of contaminated sites. We work with these specialists to evaluate the nature and extent of the contamination, estimate the cost of remediation, and develop a cost-effective and environmentally sound response. Through these efforts, we are able to devise strategies on behalf of our clients that can lead to the early disposition of this complex type of litigation.
We have extensive experience with a wide variety of both federal and state litigation and administrative actions involving federal laws such as CERCLA, RCRA, Clean Air Act, and Clean Water Act - and state laws such as the Porter-Cologne Water Quality Act, Hazardous Substances Account Act and Hazardous Waste Control Act. We are experienced with compliance actions pursuant to California's Proposition 65 and have also participated in the clean-up of various Superfund sites in California.
Additionally, we have substantial experience with common law torts that often are alleged with federal and state claims, such as nuisance, trespass and negligence, which are widely used in litigation involving real property contamination. Our attorneys understand that the cost of remediating environmental contamination can have a significant financial impact on landowners and tenants over a lengthy time period, so we focus on both the legal and business issues in the representation of our clients.