Legal Question in Environmental Law in California

How do we force big dev company to do second level soil testing on toxic site?

Our community has been working to stop a housing dev project. After many community meetings the project has still gotten the go ahead. We felt the meetings were just formal hoops the dev company and local officials needed to appear concerned about our issues. We doubt the project can be stopped (since a prominent city official is in favor of it) but we are concerned about it. The proposed site (adjacent to my backyard) used to be a toxic waste dump since the 1920's and throughout the years illegal dumping has taken place. We tried contacting the EPA and other gov dept to force the dev company todo second-level soil testing. We are worried the project will unearth dust etc containing contaminents. At first we were assured testing would be done but city officials have made that option mandatory for the dev company. We want proper soil testing to determine any dangers. Two of our neighbors (living near the site) including my younger sister were born with severe health problems (genetic disorder, autism, leukemia). We want thorough testing to assess the true dangers of the site for our community members during construction. What are our options and are there any lawyers willing to take a pro-bono case or help guide us?


Asked on 6/23/06, 12:23 am

2 Answers from Attorneys
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: How do we force big dev company to do second level soil testing on toxic site?

THIS TYPE OF CASES REQUIRE AN EXTENSIVE INVESTIGATION AND I DOUBT ANY ATTORNEY IS WILLING TO DO THIS ON PRO BONO BASIS. YOU MAY FORM AN ACTIVIST GROUP CONSIST OF RESIDENTS, BUSINESSES AND POLITICAL LEADERS TO WATCH EVERYTHING VERY CLOSELY. YOU MAY INSIST THE LEAD PUBLIC AGENCY TO REQUIRE THE DEVELOPER TO DO A FULL ENVIRONMENTAL IMPACT REPORT (EIR) UNDER CEQA GUIDELINES AND REQUIRE THE CITY TO CONDUCT MORE SAMPLING, AT DEEPER DEPTHS, FOR VARIOUS CONTAMINENTS AND MORE IMPORTANTLY TO CONDUCT A RISK ANALYSIS. YOU HAVE TO INVOLVE POLITICAL LEADERS IN TO THIS PROCESS. CONTACT THE PUBLIC PARTICIPATION UNIT TO REQUIRE PUBLIC HEARING AND GET NEIGHBORS INVOLVED. I HAVE OVER 15 YEARS EXPERIENCE WORKING IN CASES SIMILAR TO THIS.IF YOU FORM A GROUP YOU MAY SPLIT THE LEGAL EXPENSES BUT UNFORTUNATELY AS I MENTIONED ABOVE, NO ONE WOULD DO THIS ON PRO BONO BASIS. GOOD LUCK

Read more
Answered on 6/26/06, 3:09 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: How do we force big dev company to do second level soil testing on toxic site?

IF YOU HAVE FURTHER QUESTIONS, YOU MAY CONTACT ME AT 213.388.7070.

Read more
Answered on 6/26/06, 3:13 pm


Related Questions & Answers

More Environmental Law questions and answers in California