Allen Matkins represents clients in governmental and/or citizen enforcement proceedings under a range of federal and state statutory schemes, including the:
- Clean Air Act
- Clean Water Act
- RCRA
- CERCLA
- Endangered Species Act
- Hazardous Substance Account Act
- Porter-Cologne Water Quality Control Act
- Coastal Act
- Fish and Game Code
Allen Matkins also counsels and represents clients in criminal proceedings. We work at all phases of the process, starting with preliminary settlement discussions and continuing through preliminary hearings and settlement agreements with counsel from a variety of enforcement agencies, including the:
- U.S. Department of Justice
- U.S. Attorney’s office
- California Attorney General’s office
- County council
- District attorneys
- City prosecutors
On numerous occasions, we have helped clients avoid criminal enforcement proceedings or have been able to convert criminal proceedings to civil penalty proceedings. In some instances, we have been able to negotiate plea agreements with minimal impact to the business operations and reputation of the settling defendant.
EXPERIENCE
- Regional Transportation Planning Agency. Represented regional transportation planning agency in Clean Air Act citizen suit regarding allegations of noncompliance with transportation conformity assessment obligations and implementation of transportation control measures to reduce regional ozone and carbon monoxide concentrations.
- Oil Refinery. Represented refinery in Clean Water Act citizen suit alleging illegal discharges of petroleum coke into tributary to San Francisco Bay.
- Agricultural Company. Represented agricultural company in defense of citizen-suit litigation brought for alleged discharges, effluent limitations violations, reporting, and monitoring violations under the federal Clean Water Act.
- Pulp Mill. Represented owner of kraft pulp mill in citizens suit under Clean Air Act regarding alleged violations of emissions standards.
- Utility Company. Represented major utility company in defending CWA citizen suit that sought to impose NPDES permitting requirements on earthen dam structure that was allegedly leaching naturally-occurring copper into the downstream river – an issue of first impression with potentially sweeping implications for in-water structures across the country. Case was settled favorably to the client.
- Polo Club. Represented owner of private polo club in Clean Water Act citizens suit alleging violations of Concentrated Animal Feeding Operation stormwater regulations.
- Regional Transportation Planning Agency. Successfully represented regional transportation planning agency in Clean Air Act citizen suit alleging failure to comply with transportation control measure designed to reduce regional tailpipe emissions by encouraging use of mass transit.
- Oil Refinery. Represented refinery in Clean Water Act citizen suit alleging illegal discharges of dioxin to San Francisco Bay and violations of NPDES permit’s monitoring, sampling and reporting requirements.
- Treatment Works and Flood Control District. Represented publicly-owned treatment works and flood control district in Clean Water Act citizen suit.
- Food Products Manufacturer. Represented food products manufacturer in actions by Justice Department and a citizen group for injunctive relief and civil penalties based upon alleged violations at Sacramento can manufacturing facility of Clean Air Act new source review requirements.
- Developer. Represented developer of rehabilitated building with respect to claims by City and Air Quality Management District for civil penalties arising out of alleged improper handling of asbestos-containing materials during interior demolition.
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