Practice Areas

Summer has in-depth experience with the development of documents required by the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). These documents include, but are not limited to, initial studies, remedial investigations, feasibility studies, remedial action plans, environmental impact reports and statements, health risk assessments, negative declarations, mitigated negative declarations, and mitigation plans. Summer’s Land Use practice also includes securing all mandatory permits for investigation and remediation projects, obtaining necessary access and permissions, and preparing all necessary documentation for environmental project implementation and construction.

Representative Matters

• Represented the project proponent (a group of Responsible Parties) in developing an Environmental Impact Report (EIR) for remediation of a State Superfund site.  (Lead agency: California Department of Toxic Substances Control (DTSC).)  Also represented the project proponent in securing an Emergency Exemption to certain activities and securing a Mitigated Negative Declaration for an Interim Removal Measure.
• Represented the project proponent (a developer) of a mixed-use housing project in securing a Mitigated Negative Declaration tiered on the city’s General Plan Environmental Impact Report.
• Advised and counseled a housing authority regarding use of a Categorical Exemption in relation to a multi-million-dollar partial renovation of a large public housing development.
• Advised and counseled a client proposing to conduct a large-scale groundwater remediation project regarding the likely CEQA requirements of the project and options for addressing those requirements.
• Advised and counseled a state transportation agency regarding CEQA and NEPA compliance in relation to combined Environmental Impact Report/Environmental Impact Statement for a large-scale rail project.
• Litigated the validity and effect of an easement between a private school and a municipality.  Included obtaining a temporary restraining order for the school against the municipality and assisting in the negotiation of settlement.