Environmental

Our attorneys provide clients with a range of services to help achieve and maintain compliance with environmental laws and regulations and, when necessary, litigate environmental issues. Our attorneys are experienced in representing clients in federal and state administrative, civil and criminal environmental and related litigation matters throughout the United States. Through our ability to provide environmental compliance counseling, permitting assistance, business transactions advice, and dispute resolution and litigation services, our attorneys enable our clients to manage the risks associated with ever-changing environmental requirements that impact their operations.

Regulatory & Permitting

We counsel clients on a variety of compliance requirements under local, state and federal environmental statutes and regulations. Our focus is to help clients meet their business goals while navigating an increasingly complex regulatory environment. We advise on the following:

  • Regulatory compliance
  • Permitting and licensing requirements and strategy
  • Compliance planning
  • Environmental auditing, including federal and state auditing policies and voluntary disclosures
  • Response to citizen group challenges
  • Representation in federal and state rulemaking and legislative initiatives
  • Fiduciary responsibilities and bankruptcy issues.

Transactional & Environmental Management Systems

Our attorneys support the due diligence needed to identify potential environmental liabilities that may arise in the course of complex business transactions. We offer creative solutions for allocating potential risk or liability as an integrated part of the overall deal strategy.

We also assist clients with auditing as part of their corporate environmental management system.  We are often called upon to head multi-disciplinary teams that conduct audits. When needed, we work with qualified technical consultants to assist our clients in negotiating and developing plans to bring their operations into compliance, settle past violations and minimize the risk of future issues. In many cases, our participation brings the benefits of additional privileges against disclosure in subsequent administrative proceedings and litigation. We advise clients on the following:

  • Transactional auditing and counseling regarding asset and stock sales and acquisitions as well as real estate (Phase I and Phase II assessments)
  • Compliance auditing including auditing as a component of corporate environmental management systems (EMS) or ISO certification

Enforcement & Litigation

From appearing before local administrative tribunals to federal court to handling nationwide toxic tort defense litigation, we offer our clients premiere litigation and regulatory enforcement defense capabilities regardless of the scope or complexity of the matter. We defend clients against federal and state agency enforcement as well as citizen suits under the Clean Water Act, Clean Air Act and other major federal statutes.  We represent clients in cases involving injuries allegedly caused by exposures to chemicals and other toxins as well as mold-related toxic tort actions against property owners, contractors and manufacturers. We assist clients with the following:

  • Enforcement and permitting proceedings
  • Superfund litigation, particularly representing potentially responsible parties (PRPs) in asserting and defending cost recovery claims and including extensive experience serving as Common Counsel for PRP Groups
  • Litigation under the Clean Water Act (CWA), Clean Air Act (CAA), National Environmental Policy Act (NEPA), Surface Mining Control & Reclamation Act (SMCRA), Emergency Planning & Community Right to Know Act (EPCRA) and others
  • Criminal enforcement
  • Nationwide toxic tort and chemical exposure defense in federal and state courts, including coordinated pretrial proceedings before the Federal Judicial Panel on multi-district litigation
  • Property & natural resource damage actions, including nuisance claims
  • Eminent domain

Insurance Coverage

Our attorneys advise clients on acquiring and structuring insurance coverage for potential environmental liabilities to help minimize risk and are experienced in addressing complex coverage issues when claims and liabilities relating to environmental contamination do arise. We advise clients on the following:

  • Environmental cleanup cost recovery litigation
  • Insurance coverage counseling for waste cleanup and disposal issues
  • Risk allocation between buyers and sellers of potentially contaminated sites