Environmental Contamination

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On February 22, 2018, California Attorney General Xavier Becerra announced that the Department of Justice is opening an environmental justice office within the Environment Section: the Bureau of Environmental Justice (“Bureau”).  “The Bureau’s mission will be to protect people and communities that endure a disproportionate share of environmental pollution and public health hazards.”  Using existing federal and state statutes, the Bureau will accomplish its mission through targeted oversight, investigation, and enforcement actions.

According to the press release, the Bureau’s oversight and enforcement work will focus on:

  • Ensuring compliance with the California Environmental Quality Act (“CEQA”) and land use planning laws;
  • Remediating contaminated drinking water;
  • Eliminating or reducing exposure to lead and other toxins in the environment and consumer products;
  • Challenging the federal government’s actions that repeal or reduce public health and environmental protections; and
  • Penalizing and preventing illegal discharges to air and water from facilities located in communities already burdened disproportionately with pollution.

Continue Reading At the Intersection of Pollution and Poverty, California Attorney General Establishes Bureau of Environmental Justice, and Industry Should Get Prepared

Following closely on the heels of Dollar General’s hazardous waste settlement (about which we reported in our April, 19, 2017 blog post), another discount retailer has been held to account in a big way for its failure to properly manage its waste streams.  On April 21, 2017, a San Bernardino County Superior Court Judge ordered Big Lots Stores, Inc. (“Big Lots”) to pay $3.5 million in civil penalties and costs for environmental violations.  The order is the result of an investigation into the disposal of hazardous waste by Big Lots at its distribution center and its 206 California stores over the past several years.  The lawsuit was brought by 35 District Attorney’s Offices and two City Attorney’s Offices in California.
Continue Reading Another Retailer Shells Out for Hazardous Waste Violations: Big Lots Ordered to Pay $3.5 Million

Here’s another major reminder to retailers to know their waste streams and to make sure they are being managed and handled properly.  On Monday, Kern County Superior Court Judge Sidney P. Chapin ordered Dollar General (Dolgen California) and its subsidiary corporations to pay $1.125 million as part of a settlement of a civil/environmental prosecution.  The April 17, 2017 judgment was announced by the Yolo County District Attorney, along with 31 other California District Attorneys as part of a significant civil settlement.  A harbinger of the increasingly aggressive stance local prosecutors are taking with respect to household hazardous waste disposal claims, the civil enforcement lawsuit was filed just one week prior, on April 11, 2017, in Kern County by a group of 38 of California’s 58 counties.  Dollar General operates about 13,320 stores in 43 states, including a significant number in California.
Continue Reading Retailers Beware! Dollar General Just Hit with $1.125 Million Judgment for Improper Hazardous Waste Handling and Disposal

In Parker Shattuck Neighbors, et al. v. Berkeley City Council, et. al. (First Appellate District, December 30, 2013) (“Shattuck Neighbors”), the court upheld the City of Berkeley’s approval of a mitigated negative declaration (“MND”) for a residential infill project. The court found no Environmental Impact Report (“EIR”) was necessary because the expert opinion…

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Few firms view their Environment, Land Use, and Natural Resources practices as core legal services. Stoel Rives is one of them. The firm ranks #8 in the United States according to Law360’s list of the largest practices of its kind. Our sophisticated compliance counseling, permitting, regulatory development, and litigation practices continue a long tradition of specialization and deep experience. Our environment, land use, and natural resource attorneys incorporate prior agency experience, technical acumen, and industry knowledge into their legal advice. They also build strong relationships with agency officials and industry associations. Our litigation successes include landmark decisions. More than 60 attorneys, paralegals, and compliance analysts comprise Stoel Rives’ nationwide Environment, Land Use & Natural Resources practice.