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Environmental Regulation

Morrison & Foerster advises businesses and public agencies on environmental and natural resources compliance and enforcement issues and assists in obtaining local, state, and federal government permits and approvals.

Our lawyers have substantial expertise in work involving contaminated soil and groundwater investigations and cleanups, mobile and stationary air contaminant sources, storm and waste water discharges, wetlands, endangered species, hazardous and solid wastes, drinking water, pesticides, recycling and reclamation projects, and environmental release reporting, accident response, and facility closures.

We advise manufacturers and distributors of consumer products and their trade associations with respect to chemical compliance and warning/disclosure requirements, such as those imposed by the U.S. Consumer Product Safety Commission, the FDA, the EPA, and California’s Proposition 65 statute ("Prop 65").

Our attorneys and environmental analysts work with clients and their consultants to audit compliance with environmental and health and safety regulatory requirements, develop training programs, and address instances of non-compliance in advance of the initiation of an enforcement action.

We advise clients on emerging environmental, natural resource, and entitlement issues involving climate change, greenhouse gas emissions, carbon trading, and renewable and non-renewable energy, and green advertising, building, and chemistry-related issues and their associated emerging regulatory regimes.

We perform environmental and land use due diligence and counseling and assist with structuring environmental and entitlement provisions of related corporate and real property transactions.

Many of our attorneys are former regulators who are familiar with the workings of state and federal agencies, such as those housed within the EPA and the U.S. Department of the Interior. We also have valued relationships with senior officials in key California agencies, such as the Attorney General’s office, the California Air Resources Board, the State and Regional Water Boards, the Office of Environmental Health Hazard Assessment, and the Departments of Fish and Game and Toxic Substances Control.

Our attorneys are actively involved in federal and state regulatory developments, including drafting provisions of the Comprehensive Environmental Response, Compensation, and Liability Act (the Superfund statute), California’s Polanco Act, Storm Water General Permits, and many of Prop 65's more business-friendly regulations and chemical listings.

Several of our attorneys have been appointed to the American Bar Association's Standing Committee on Environmental Law and have served in leadership positions in its Section on Environment, Energy, and Resources. Our partner Michèle Corash, a former EPA General Counsel, currently chairs the American College of Environmental Lawyers. Our attorneys are Cleantech/Greentech leaders. We are members of the San Francisco’s Clean Technology Advisory Council, the California Manufacturers and Technology Association’s Climate Change Advisory Committee, and the AB 32 Implementation Group’s Steering Committee.

Our Environmental Regulation + Enforcement clients include the American Chemistry Council, American Pacific Corporation, Associated General Contractors of America, CEMEX, Chevron Corporation, Grocery Manufacturers Association, International Crystal Federation, Iovate Health Sciences Research, Inc., Palmaz Vineyards, Seagate Technology LLC, Unilever Corporation, and Union Pacific Corporation.

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