AGENCY INTERFACE & COMPLIANCE
Keeping Gas Stations and Dry-cleaners In-Line
Tellus has significant experience representing clients in environmental regulatory and administrative matters. We possess the necessary knowledge and established relationships with regulators to successfully navigate compliance matters, notices of violation, cleanup orders, permits and a full range of other complex issues that emerge under environmental and landlord-tenant law.
Manufacturers, developers, energy, industrial and commercial companies of all types rely on our technical expertise, negotiation prowess and strategic approaches for addressing intricate and shifting environmental, health and safety requirements, land use entitlements, and zoning guidelines.
In particular, Tellus maintains up-to-date expertise of laws pertaining to gas stations, dry-cleaners, asbestos, PFAS, underground storage tanks and other high-intensity hazardous materials uses typically found in commercial real estate settings. Left unaddressed, these environmental issues often compromise investments, and they require special due diligence and lease terms to protect landlord/owners.
Representative Matters
Assisted vertically integrated commercial real estate management firm audit several of their service station assets in order to verify compliance with state gasoline underground storage tank (UST) and dispenser leak monitoring requirements and related regulatory framework in support of new insurance coverage, and in preparation for sale of certain assets.
Provided advice to San Diego real estate management firm in relation to remodel activities involving asbestos containing materials (ACM) and residential rental units.
Assisted publicly traded REIT during tenant transitions involving research laboratories including review of laboratory cleanup and certification protocols in relation to applicable lease provisions and regulatory requirements for same.
On behalf of clients, engaged in active communications with State Water Board concerning remediation closure requirements for sites undergoing long-term cleanup, including escalation of closure demands to Water Board upper management and its legal counsel, in-person meetings and negotiation of final closure protocols.
Tellus lawyers have overseen several significant site remediation actions including pursuant to the California Land Reuse and Revitalization Act (CLRRA), all of which require ongoing communications with the regulators to ensure they stay on schedule and do not involve agency overreach (e.g. cleanup demands not supported by law).