Environmental Remediation & Due Diligence
When hazardous substances are released into the environment, the potential cost of investigation and remediation can be staggering.
Environmental Remediation
With a focus on minimizing the risks of liability and implementing cost-effective strategies, our environmental remediation and air quality attorneys negotiate with regulatory agencies, other responsible parties, impacted neighbors, and insurance companies to manage and contain these costs. We have experience with all of the key agencies (EPA, DTSC, Regional Water Boards) on establishing the scope of investigations, setting cleanup levels, and selecting interim and final remedies. We help clients navigate the complex issues related to recovering costs of remediation from responsible parties, whether through negotiation, mediation, or litigation.
Environmental Due Diligence
Our attorneys have extensive experience counseling clients on environmental risks in real estate and corporate transactions, from large mergers involving dozens of properties to smaller single property real estate transactions. Our experience is this area is unmatched, having analyzed hundreds of environmental site assessments. We assist clients in the negotiation of indemnities and other risk-shifting devices in purchase and sale agreements and in the procurement of environmental insurance policies in appropriate circumstances.
Selected Experience
Selected Experience
- Advise one of America’s largest privately held companies regarding the evacuation of its warehouse facility caused by hydrogen sulfide releases and manage subsequent investigation/remediation as well as employee concerns.
- Assist international company in the early transfer of former naval shipyard property with significant residual contamination including metals, solvents, hydrocarbons and PCBs for redevelopment as a health science research campus.
- Environmental counsel for commercial real estate developer in the redevelopment of former petroleum tank farm into transshipment warehouse in Los Angeles Port area. Regional Water Board provided expedited closure letter.
- Advise one of America’s largest privately held companies regarding the evacuation of its warehouse facility caused by hydrogen sulfide releases and manage subsequent investigation/remediation as well as employee concerns.
- Assist international company in the early transfer of former naval shipyard property with significant residual contamination including metals, solvents, hydrocarbons and PCBs for redevelopment as a health science research campus.
- Common counsel to a multi-party Trust conducting multi-million dollar cleanup of abandoned used oil recycling facility under the supervision of EPA Region IX.
- Counsel to a group of companies regarding regional groundwater plume, including remedial investigation that demonstrated to Regional Water Board that plume originated from a facility operated by a third party.
- Environmental counsel for commercial real estate developer in the redevelopment of former petroleum tank farm into transshipment warehouse in Los Angeles Port area. Regional Water Board provided expedited closure letter.
- Represent major California real estate investor in environmental evaluation of all investments and in structuring transactions with environmental issues.
Monica Browner
Monica Browner
Senior Associate
Clients rely on Monica Browner's pragmatism and dynamic approach to complex environmental issues to minimize uncertainty in a constantly changing regulatory landscape. Using her analytical skills and knowledge of state and federal environmental law, Monica helps them navigate a broad range of legal issues including compliance with various environmental laws and regulations.
Sacramento 916.520.5377
Senior Associate
Sacramento 916.520.5377
Kathryn L. Oehlschlager
Partner
San Francisco 415.848.4820
Robert P. Soran
Partner
Sacramento 916.520.5364
Danielle R. Stephens
Danielle R. Stephens
Partner
Danielle Stephens is a skilled transactional attorney who assists clients with commercial real estate leasing, financing (including CMBS and SBA loans), acquisitions and sales, easements, and title matters with a focus on contractual negotiations requiring collaborative deal-making. She also advises on matters involving contaminated properties including due diligence and remediation.
Sacramento 916.520.5475
Partner
Sacramento 916.520.5475
Melissa A. Thorme
Partner
Sacramento 916.520.5376
San Francisco 415.848.4800
Announcements
18 related items-
November 2, 2023Downey Brand Ranked Nationally and Regionally in 2024 Best Law Firms®
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June 8, 2023Chambers USA 2023 Recognizes Downey Brand Attorneys and its Energy and Environmental Practice Groups
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September 28, 2022Thomas Law Group to Merge with Downey Brand
Merger Compliments Strategic Expansion of Natural Resources Department in Sacramento and San Francisco -
June 16, 2022Chambers USA 2022 Recognizes Downey Brand’s Environmental and Energy Practice Groups and Four of its Attorneys
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February 1, 2022Downey Brand Associate Alexandra Lizano Selected to Join Environmental Law Institute’s Emerging Leaders Initiative
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April 5, 2021JD Supra Recognizes Downey Brand Attorney as Top Author in 2021 Readers’ Choice Awards
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February 7, 2020Danielle Stephens Rejoins Downey Brand as a Partner
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January 15, 2020Downey Brand Names Two New Partners
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January 2, 2020Downey Brand Welcomes Two New Associates to Sacramento Office
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May 20, 2019Downey Brand Senior Associate Promoted to Counsel
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April 4, 2019Two Downey Brand Attorneys Earn JD Supra’s 2019 Readers’ Choice Awards
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November 12, 2018Downey Brand Ranked Nationally and Regionally in “Best Law Firms” 2019 by U.S. News – Best Lawyers®
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May 29, 2018Downey Brand’s San Francisco Office Welcomes Attorneys Nicole Martin and Hina Gupta
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December 20, 2017Downey Brand Promotes Four New Counsel
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December 12, 2017Downey Brand Names Six New Partners
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June 28, 2017Patrick Veasy Joins Downey Brand’s Environmental Practice
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January 13, 2017Christopher Rendall-Jackson Joins Downey Brand’s San Francisco Office
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November 2, 2015Veteran Environmental Attorneys Kathryn Oehlschlager and Donald Sobelman Join Downey Brand
Firm Furthers its Bay Area Commitment with Expansion of San Francisco Office
In the News
2 related items-
August 2019Litigation Logic: Interview with Attorney Melissa Thorme
The Rain Events Newsletter -
April 5, 2018In Bellwether Decision, Water Board Orders McKittrick Oilfield Disposal Pond Operator to Monitor Pollutants
Bakersfield Californian
Speaking Engagements / Events
8 related items-
January 30, 2024BPC Briefing: 2023-24 CEQA Update
CEQA Case Developments - Year in Review -
November 19, 2020BPC Expert Briefing: CEQA Update 2020
Bay Planning Coalition's 8th Annual CEQA Update -
November 11, 2020CEQA and Environmental Impact Reports: 2020 Cases, Standards, Mitigation Measures, Exemptions and Lead Agencies
Strafford Webinars -
August 27-28, 2020Clean Water & Wetlands in California
Law Seminars International - A Comprehensive Update on New Developments -
October 17-20, 201928th Annual Environmental Law Conference at Yosemite®
Presented by the California Lawyers Association -
July 2019Climate Change, Rising Sea Levels, Warming Water Temperatures, and Prolonged Periods of Extreme Weather
Speaker, Law Seminars International: 12th Annual Santa Fe Advanced Conference on Litigating -
June 27, 2019Compliance with AB 52: A Consultation Success Story
Moderator, Bar Association of San Francisco Environmental Law Section -
August 15, 2017Development in the Coastal Zone in an Era of Rising Seas
Moderator, Bar Association of San Francisco Environmental Law Section
Blogs
1 related itemsLegal Alerts
20 related items-
April 21, 2020U.S. Supreme Court Preserves Potential State Court Superfund Site Claims – But Remedial Actions Requires EPA Approval
Environmental Law -
April 16, 2020CalEPA Issues Statement on Enforcement and Compliance Requirements During COVID-19 Pandemic
Downey Brand COVID-19 News and UpdatesEnvironmental Law -
April 13, 2020USEPA Issues Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19
Downey Brand COVID-19 News and UpdatesEnvironmental Law -
December 2, 2019U.S. Supreme Court Watch (ARCO v. Christian): Can Private Parties Sue For More Clean Up Than EPA Requires?
Environmental Law -
April 11, 2018U.S. EPA Region 9 Enforcement Priorities Revealed
Environmental Law -
June 12, 2017DOJ Issues Policy Memo Limiting the Use of Supplemental Environmental Projects in Federal Settlements
Environmental Law -
April 4, 2017Water Board Adopts Revisions to Enforcement Policy That Are Expected to Generally Increase Penalties
Environmental Law -
January 12, 2015New Proposition 65 Warning Regulations Released Today!
Environmental Law -
October 7, 2014California Adds Ten Years and Hundreds of Millions of Dollars to Cleanup Underground Storage Tank Sites
Environmental Law -
February 2013Legal Update: EPA Issues Revised Enforcement Guidance To Address Leaseholder Concerns About Contaminated Property
Environmental Law -
December 19, 2012California Department of Conservation Issues Draft Proposal to Increase Regulation of Hydraulic Fracturing
Environmental Law -
November 26, 2012Legislative Update: Stuck in the Middle Again? UST Owners Hope AB 1715 Will Provide Regulatory Relief
Environmental Law -
November 2012US EPA Issues New Superfund Policy to Address Delays in Reaching Settlements with Potentially Responsible Parties
Environmental Law -
September 2012Case Alert: California Supreme Court Holds That Parties May Stack Property Insurance Policies “To Form One Giant Uber-Policy”
Environmental Law -
August 2012New Closure Policy for Low-Threat Underground Storage Tanks Sites is Now Official
Environmental Law -
May 2012Low-Threat Underground Storage Tank Case Closure Policy
Environmental Law -
October 2010Gas Stations Brace for Bad News from the UST Cleanup Fund but may get a Break from Environmental Regulators
Environmental Law -
September 2010Remodeler Training and Certification Required by September 30 for EPA’s Lead Paint Rule
Environmental Law -
August 2010U.S. Court of Appeals for the Ninth Circuit Rules That Owner and Operator Status is Determined at the Time Cleanup Costs are Incurred
Environmental Law -
August 2007The Ninth Circuit Expands Already Broad “Waters of the United States” Definition
Environmental Law
Publications
4 related items-
February 2023EPA’s Amendments to the National Emissions Standards for Hazardous Air Pollutants for Site Remediation Eliminates Certain CERCLA and RCRA Exemptions
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 3, Number 5 -
September 2022D.C. Circuit Dismisses Environmental Interest Groups’ Lawsuit Challenging U.S. EPA’s Approval of Oklahoma’s Coal Ash Plan under RCRA
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 2, Number 11 -
July 2022U.S. EPA And Department of Justice Announce the Return of The Use of Supplemental Environmental Projects
Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 2, Number 10 -
December 2013Environmental Regulation Update
California Grocers Magazine