Our environmental justice (EJ) experience includes:
- Developing an EJ implementation framework for use during the site selection process for a major technology company.
- Preparing a 50-state EJ survey and performed EJ training for an industry trade association.
- Providing ongoing counsel to the General Counsel and senior legal team of a major oil and gas company, including customized training with a primer on EJ, case studies, and updates on recent developments.
- Negotiating a Supplemental Environmental Project for the Sewerage and Water Board of New Orleans, which restored wetlands at the historic Lincoln Beach and removed unsightly white goods in the Ninth Ward neighborhood.
- Counseling a leading utility company in developing a corporate EJ policy and designing processes for implementing EJ considerations into their business model.
- Representing the City of Fresno in securing dismissal of an EJ lawsuit brought by a citizens group alleging violations of the Fresno Municipal Code and Government Code 11135 related to the operation of a rendering facility in the City.
- Addressing EJ issues on behalf of PPG Industries, Inc., in response to a suit brought by community and environmental groups alleging Resource Conservation and Recovery Act violations, including the cleanup of one of the largest chromium sites in the U.S., near Jersey City, NJ.
- Advising a freight railroad network on the burden-shifting framework under California Government Code § 11135 for analyzing disparate impact claims, as derived from Title VI and VII of the Civil Rights Act of 1964, in connection with construction projects in the Port of Los Angeles.
- Successfully representing a leading waste management company in obtaining permits to expand a landfill under state regulatory scheme in which objectors asserted various claims, including EJ concerns.
- Advising a leading utility company on considering EJ in the selection of an alternative site after the initial site faced community opposition.
- Counseling a large municipality subject to Title VI investigation by EPA and the U.S. Department of Transportation, which included:
- Representing the municipality in written and oral communications with relevant agencies.
- Assessing the vulnerability of the municipality to Title VI claims and the substantive basis of the underlying Title VI complaint.
- Representing and advising the municipality on engagement and alignment with other recipients subject to the same investigation.