Environment and Natural Resources
We help businesses, developers, public agencies, and infrastructure owners navigate California’s complex environmental and natural resources laws, combining regulatory counseling, permitting, transactional support, and litigation to advance projects and manage environmental risk.

Summary
Procopio advises businesses, developers, public agencies, infrastructure owners, and tribal governments on California’s complex environmental and natural resources laws. We help clients navigate the regulatory, permitting, operational, and litigation challenges that arise throughout the lifecycle of projects, transactions and ongoing business operations, from early planning and environmental review through compliance, enforcement, and dispute resolution.
Our multidisciplinary team combines experience in environmental law, land use, real estate, energy, and litigation. We regularly advise clients on permitting, compliance counseling, environmental due diligence review, water quality, hazardous materials, air quality, water rights, Proposition 65, contaminated property, sustainability initiatives, and other environmental issues affecting development projects, infrastructure, manufacturing, mining, transportation, utilities, and other regulated industries. We work closely with our clients to align environmental strategy with broader business, operational, and project objectives.
We have significant experience navigating California’s evolving regulatory landscape, including matters involving CEQA, NEPA, the Clean Water Act, the Coastal Act, federal and state endangered species acts, Clean Air Act, Porter-Cologne, Superfund, PFAS, greenhouse gas regulations, and other state and federal environmental requirements. We work directly with regulatory agencies, consultants, engineers, and other stakeholders to anticipate challenges, manage environmental risk, and keep projects and operations moving efficiently.
Our attorneys regularly represent clients before federal, state, local, and tribal agencies, including the California Coastal Commission, California Department of Fish and Wildlife, Regional Water Quality Control Boards, U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, and Bureau of Indian Affairs. Whether advising on permitting and compliance, negotiating with regulators, or defending clients in environmental enforcement actions, CEQA litigation, Superfund matters, and other complex proceedings, we emphasize practical solutions that help clients manage risk, minimize disruption, and achieve their long-term operational and project goals.
Project Planning, Due Diligence, and Environmental Review
We help clients identify environmental risks early, align project strategy with regulatory requirements, and position acquisitions and development projects for successful execution.
- Environmental due diligence and All Appropriate Inquiries (AAI)
- Environmental review under CEQA and NEPA
- Land acquisition and transaction support
- Environmental risk assessments
- Coordination with real estate, land use, and development teams
Permitting and Regulatory Approvals
We guide clients through California’s complex environmental permitting processes, working with agencies and stakeholders to secure the approvals needed for projects and operations.
- Federal, state, and local environmental permitting
- Water, air quality, and natural resource permits
- Wetlands, endangered species, and cultural resource permitting
- Agency coordination and negotiations
- Tribal consultation and intergovernmental permitting
Environmental Compliance and Risk Management
We advise businesses and public entities on managing ongoing environmental obligations while reducing operational and regulatory risk.
- Clean Water Act and Porter-Cologne compliance
- Hazardous materials and waste management
- Proposition 65 compliance
- PFAS and emerging contaminants
- Air quality, greenhouse gas, and sustainability counseling
- Environmental audits and compliance programs
Public Infrastructure and Natural Resources
We advise public agencies, infrastructure owners, tribal governments, utilities, and private companies on projects involving natural resources and complex public-sector regulatory requirements.
- Water rights and water quality
- Public infrastructure and transportation projects
- Tribal land and natural resource matters
- Intergovernmental agreements
- Environmental planning for public facilities and utilities
Enforcement, Contamination, and Environmental Disputes
We help clients respond to regulatory investigations, enforcement actions, contamination issues, and other environmental disputes before they escalate whenever possible.
- Agency investigations and enforcement proceedings
- Superfund and contaminated property matters
- Brownfields and site remediation
- Environmental liabilities in transactions
- Negotiation with regulators and responsible parties
Environmental Litigation and Appeals
When disputes cannot be resolved through negotiation or administrative processes, we represent clients in complex environmental litigation and appeals.
- CEQA and NEPA litigation
- Environmental enforcement litigation
- Toxic tort and contamination litigation
- Water quality and natural resource disputes
- Administrative appeals, trial, and appellate advocacy
Project Planning, Due Diligence, and Environmental Review
- Conducted environmental due diligence and All Appropriate Inquiries (AAI) analyses for developers, commercial property owners, industrial properties, energy companies, and infrastructure owners in connection with acquisitions, financing, redevelopment, and environmental risk assessment.
- Advised developers and project owners on CEQA and NEPA compliance, environmental review strategy, and permitting considerations for residential, commercial, energy, and infrastructure projects throughout California.
- Assisted developers, investors, and commercial property owners in evaluating environmental liabilities, contaminated property risks, and permitting requirements before property acquisition and project development.
Permitting and Regulatory Approvals
- Led permitting, environmental review, and intergovernmental agreements for renewable energy developers, including water quality, air quality, utility coordination, and related regulatory approvals for solar projects.
- Counsel the development of large scale mining projects.
- Represent railroads in permitting and regulatory approvals.
- Secured federal, state, and local permits for housing developers, companies, renewable energy developers, public agencies, and private infrastructure projects, working with the U.S. Army Corps of Engineers, California Department of Fish & Wildlife, California Coastal Commission, Regional Water Quality Control Boards, and other regulatory agencies.
- Guided tribal governments and energy developers through tribal environmental review, federal permitting, and agency approvals for wind energy, utility, and infrastructure projects on tribal lands.
Environmental Compliance and Risk Management
- Counseled manufacturers, agribusinesses, energy companies, and other regulated businesses on Clean Water Act, Porter-Cologne, Proposition 65, hazardous waste, greenhouse gas, and other California environmental compliance requirements affecting ongoing operations.
- Assisted manufacturers, consumer products companies, and other California businesses in obtaining withdrawal or favorable settlement of Proposition 65 Notices of Violation before litigation.
- Developed hazardous and universal waste management policies, compliance programs, and operational procedures for a national communications company.
- Negotiated favorable environmental compliance resolutions with the California Attorney General and District Attorneys on behalf of commercial clients in matters involving waste disposal and regulatory enforcement.
Public Infrastructure and Natural Resources
- Negotiated a $4.7 billion Clean Water Act consent decree involving major wastewater infrastructure improvements and combined sewer overflow compliance for a public sewer district.
- Represented public agencies, tribal governments, water agencies, utilities, agribusinesses, and private companies in matters involving water rights, natural resources, environmental permitting, and regulatory compliance.
- Advised tribal governments on utility development, water resources, environmental planning, natural resource protection, and intergovernmental agreements supporting energy and infrastructure projects.
Enforcement, Contamination, and Environmental Disputes
- Represented manufacturers, industrial companies, and commercial property owners in Superfund matters involving cost recovery, remediation, allocation, and settlement at contaminated sites.
- Defended public and private sector clients in Clean Water Act enforcement actions, environmental investigations, toxic tort matters, and regulatory proceedings involving air quality, water quality, and hazardous substances.
- Represented industrial, manufacturing, and infrastructure clients in matters involving PFAS, vapor intrusion, contaminated groundwater, asbestos, lead paint, and other complex environmental and human health issues.
Environmental Litigation and Appeals
- Represented developers, project owners, and public agencies in CEQA litigation, environmental permitting disputes, administrative appeals, and judicial proceedings involving complex California development and infrastructure projects.
- Successfully litigated Superfund, Clean Water Act, toxic tort, water rights, and environmental compliance matters on behalf of industrial, commercial, and public-sector clients in state and federal courts across multiple jurisdictions.
- Defended environmental approvals and regulatory decisions affecting major development, infrastructure, transportation, tribal, and energy projects throughout California.
When should environmental counsel become involved in a project or business decision?
Ideally as early as possible. Environmental issues often affect site selection, permitting, acquisitions, financing, operations, and long-term project viability. Early legal guidance can help identify regulatory risks, streamline approvals, and avoid costly delays or disputes later.
How do California environmental laws affect businesses and development projects?
California has one of the nation’s most comprehensive environmental regulatory frameworks. Businesses and public agencies often must navigate overlapping requirements involving CEQA, water quality, air quality, hazardous materials, endangered species, greenhouse gas regulations, and other state and federal laws. Understanding how these requirements interact is essential to managing risk and maintaining project schedules.
What environmental issues most commonly delay projects?
Delays frequently arise from permitting requirements, environmental review, agency coordination, water and natural resource issues, cultural resource concerns, and evolving regulatory requirements. Early planning and coordination with regulators and technical consultants can often reduce delays and improve project outcomes.
Can environmental issues affect real estate transactions and acquisitions?
Yes. Environmental conditions, permitting obligations, contamination, and regulatory requirements can significantly affect property value, financing, redevelopment potential, and future liability. Environmental due diligence helps buyers, sellers, lenders, and investors better understand and manage those risks before transactions close.
Do you represent both public agencies and private companies?
Yes. We advise developers, businesses, public agencies, infrastructure owners, tribal governments, and other organizations facing environmental permitting, compliance, and regulatory challenges. Experience working with both public and private sector clients provides valuable perspective when navigating agency processes and complex infrastructure projects.
How do you help companies remain compliant with changing environmental regulations?
We work with clients to understand evolving regulatory requirements, assess operational impacts, develop compliance strategies, and address issues before they become enforcement matters or litigation. Our goal is to help clients manage environmental obligations in ways that support both regulatory compliance and business objectives.
What happens if a regulatory agency initiates an investigation or enforcement action?
Early legal involvement is often critical. We help clients respond to agency inquiries, evaluate potential exposure, negotiate with regulators, and develop practical resolution strategies. Many matters can be resolved through cooperation and negotiation, while others require administrative proceedings or litigation.
How do environmental issues intersect with other areas of law?
Environmental matters often overlap with land use, real estate, construction, energy, water rights, government contracts, and commercial litigation. Coordinating these issues early helps align legal strategy with broader project and operational objectives while reducing unnecessary risk and delay.
How do you help clients manage the cost and complexity of environmental matters?
We focus on practical, business-oriented strategies that prioritize early risk identification, coordinated planning, and efficient resolution. By integrating environmental advice with related legal disciplines and engaging proactively with agencies and stakeholders, we help clients avoid unnecessary disputes while remaining fully prepared to litigate when doing so best protects their interests.
When should a company or public agency consider changing or expanding environmental counsel?
Organizations often reassess counsel as projects become more complex, involve multiple regulatory agencies, or require coordinated guidance across permitting, compliance, real estate, energy, infrastructure, or litigation. Specialized environmental counsel can add significant value when regulatory issues become critical to project success or operational continuity.
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