EMERGING TRENDS & ISSUES
Tracking the Pulse
Tellus attorneys keep a close watch on the regulatory marketplace and key case law decisions impacting hazardous materials use and cleanup. We track court opinions, analyze emerging legislation and agency actions, attend conferences and read reams of expert opinion pieces each week. We do this with a view towards understanding the implications of new developments in relation to our clients’ interests.
Like a good doctor, we want to give our clientele the benefit of the newest advancements and changes, while also tailoring solutions to fit client timing and financial objectives.
Recently enacted requirements affecting our clients:
Dirty Dirt Tax: The California Department of Tax and Fee Administration (CDTFA) hazardous waste fee programs that impose several strict reporting and fee requirements on impaired site redevelopment due to the disposal of “dirty dirt” (e.g. contaminated soils);
Beach Nourishment: California beach nourishment requirements imposing permit conditions on developers to pay for the segregation and beach placement of eligible site excavation spoils, including California Public Beach Restoration Program and Sand Compatibility and Opportunistic Use Program (SCOUP);
Vapor Intrusion: Vapor intrusion occurs when there is a migration of vapor-forming chemicals from any subsurface source into an overlying building. State and federal environmental laws are increasingly strict on the levels of vapor forming chemicals that are permitted in subsurface soils and groundwater, and often will not grant cleanup closure until these strict standards are met.
PFAS: Per- and polyfluoroalkyl substances – known as PFAS - used widely in several industries including for waterproofing outerwear, are the subject of many new and emerging state and federal restrictions (soon to be complete bans). Tellus attorneys can assist clients examine their products and supply chains to ensure timely compliance.
Fleet Emissions Rule: The Advanced Clean Fleets (ACF) Regulation is the latest development in the push by California Air Resources Board (CARB) to set increasingly stringent emission standards for vehicles operating in the state. This new rule sets strict phase-out requirements for internal combustion vehicles.