Alternative Energy and Emerging Technologies
California's Rigid Plastic Packaging Container Law
Emergency Planning and Community Right to Know Act
Hazardous & Solid Waste / RCRA
Hazardous Materials Transportation
Military Bases and Communities
National Environmental Policy Act (NEPA)
Occupational Safety and Health (OSHA)
Toxic Substances Control Act (TSCA)
Water Supply Permitting/Water Rights
Intellectual Property and Technology
UNDERGROUND STORAGE TANKS: DESCRIPTION
McKenna Long & Aldridge has advised clients on underground storage tank (“USTs") issues since the early 1980’s – before there were any federal UST regulations. Since 1984, when the federal program regulating USTs was established pursuant to the Hazardous and Solid Waste Amendments of 1984, our lawyers have had significant involvement in all aspects of UST regulation. Our practice encompasses both the federal and numerous state programs, including state programs that have been delegated federal regulatory authority by U.S. EPA, as well as non-delegated state regulatory programs. Our state program expertise includes comprehensive experience with the uniquely convoluted and complex California state regulatory regime.
Our lawyers have represented clients on the entire spectrum of issues relating to underground storage tanks, including, among other things:
- Determining when a tank meets the definition of “underground storage tank” and assessing whether exemptions apply
- Determining whether parties meet the definition of “owner” or “operator” under the regulations
- Advice on reporting of suspected releases from USTs
- Advice on lender liability for USTs, both pre- and post-foreclosure
- Assistance in procuring tank insurance and in making claims for cleanup costs and third-party claims
- Advice on making claims for cleanup costs and third-party liability against state trust funds
- Assistance in making claims for cleanup costs under secured creditor insurance policies issued to lenders
- Assistance with ownership transfer notifications and registration requirements
- Negotiation of cleanup requirements and cleanup levels
- Advice on the interplay of federal and state waste regulation in states that have not been delegated authority to administer the federal RCRA program
McKenna Long & Aldridge attorneys have also had a wide range of experience defending enforcement actions brought by U.S. EPA and state environmental agencies relating to all aspects of UST regulation. In addition, we have had extensive experience with RCRA citizen suits relating to alleged noncompliance with UST regulations.
Our hazardous and solid waste regulatory practice is supplemented by extensive Superfund, RCRA and brownfields practices.