Experienced The Hazardous Substance Account Act (HSAA) Defense Attorneys In California

Last updated on March 16, 2026

The Carpenter-Presley-Tanner Hazardous Substance Account Act (HSAA) governs the management of hazardous substance releases in California. The act mirrors the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), establishing strict liability for property owners and operators. If your business or property is targeted in an HSAA claim, you need swift legal guidance.

At Gallagher Huie + Blum, our seasoned San Francisco-based attorneys understand how to handle complex hazardous substance cases. With our success defending businesses and individuals facing HSAA claims, you can rest easy knowing we will work diligently to defend your interests, including matters related to environmental law.

Understanding Liability Under The HSAA

California imposes strict liability under the HSAA, meaning responsible parties may be liable for cleanup costs regardless of intent or negligence. Liability may apply to:

• Property owners: Individuals or businesses that own sites where hazardous substances were released
• Operators: Those involved in the management or oversight of a facility where contamination occurred
• Former owners or operators: Parties that previously owned or controlled contaminated properties

These liability provisions make proactive legal representation crucial for those facing HSAA-related claims.

Defending Against HSAA Liability

While the HSAA imposes broad liability, several legal defenses may apply. Our lawyers will help you explore all available defense strategies, including:

• Third-party defense: Liability may not apply if the release was caused solely by an unrelated third party.
• Innocent landowner defense: A purchaser who exercised due diligence before acquiring the property may avoid liability.
• Compliance and remediation efforts: Proper handling of hazardous substances and voluntary cleanup efforts may help mitigate potential legal consequences.

A strategic defense requires a thorough analysis of the specific circumstances surrounding an HSAA claim.

Navigating HSAA And CERCLA

Because the HSAA incorporates CERCLA provisions, those facing state-level environmental liability may also encounter federal enforcement actions. Working with our experienced legal team facilitates alignment between state and federal environmental regulations.