Extraction of natural resources is heavily scrutinized and regulated by both federal and state environmental and safety agencies. Before extraction even starts, our detail-oriented approach helps our clients handle contractual agreements, from negotiating and drafting through execution and when necessary, litigation. Our knowledge of industry operations and familiarity with complicated financial regulations means we are prepared to represent companies, borrowers and lenders in financial arrangements common within the energy industry, including property transfer, mining and drilling interest issues from simple lease assignments to complex, detailed stock purchase agreements between foreign companies acquiring U.S. reserves. We understand every client has different goals, but all clients want the venture to be successful without complications.
Once the venture is in operation, our understanding of energy markets and day-to-day operations allows us to tailor an approach to best suits clients’ needs within the regulatory framework that guides business and legal decisions. We provide counsel on all aspects of regulated business transactions and resource development, including representation before state and federal administrative agencies, boards and courts. We have represented several industry trade associations and private company members in landmark cases affecting the energy industry. Our lawyers handle all aspects of human resources law, including complex labor law issues. We have a deep bench of safety lawyers with years of experience before OSHA and MSHA. Additionally, our attorneys defend companies against civil actions, from mining-related damage suits to claims a company violated a contractual obligation, is liable for personal injuries or has had claims of violating federal or state environmental or employment laws.
Our experience and desire to help energy and extraction companies succeed ensures we provide efficient and cost-effective services to our natural resource clients. Additionally, our attorneys are top-listed by The Best Lawyers in America in mining law.
Environmental Law
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.
Air Permitting
Our attorneys advise clients of all sizes on issues including permitting, counseling on regulatory interpretation and compliance, and defending claims of noncompliance from government agencies and citizen groups. We advise clients on how facility changes affect air permits, permit application preparation, and identifying whether specific air regulations apply to different business operations. Our team also counsels clients on compliance audits and corrective actions, responding to agency inquiries, dealing with notices of violation and enforcement actions, and responding to citizen group Notices of Intent to Sue under the Clean Air Act.
Our attorneys are experienced obtaining the appropriate air permit with the best possible terms for clients. An air permit is often necessary before project construction can begin, and we work with clients early in their projects so we can advise on strategy and planning. We also assist clients with revisions to existing facilities and renewals of existing permits. If clients need to challenge unacceptable permit conditions, we handle those matters and, if needed, defend permits against third-party challenges.
We also assist clients in evaluating which air regulations are legally applicable to their operations and, just as importantly, what requirements do not apply. We counsel clients on options for compliance, as well as required monitoring and recordkeeping. Many facility permits require annual compliance certifications, and we assist clients with evaluating their compliance status. Our attorneys work closely with clients’ environmental staff and consultants to lead audits of facility operations to assess compliance with air permit requirements and regulations. We also advise on making voluntary disclosures of noncompliance while mitigating potential penalty exposure.
Finally, our team assists clients with inspections and enforcement from local, state, and federal environmental agencies. This includes evaluating and responding to Notices of Violation and participating in enforcement conferences and “show cause” meetings. Our attorneys are experienced in negotiating settlements to resolve claims and are prepared to defend clients in litigation. We also assist clients who receive a notice from citizens preparing to file suit.
Clean Water Act
Our attorneys advise clients on permitting, regulatory compliance, and defense of enforcement suits brought by federal, state, and citizen groups. Our team works closely with state regulators to assist clients with legislative and regulatory initiatives on Clean Water Act issues and standards. We also work closely with technical consultants retained by clients to obtain reasonable permits and ensure compliance, and to defend permits against third-party challenges in state and federal court. Additionally, we advise clients on applying for and obtaining wastewater discharge and construction permits.
Our attorneys work with clients to ensure permit applications are complete and provide all relevant information to obtain the best possible permit conditions. Once the applications are filed, we assist clients working with state regulators through negotiating permit terms and conditions. Our attorneys also are ready to challenge permits for clients responding to unreasonable permit conditions imposed by state permitting agencies.
We assist clients and their technical consultants preparing applications and alternative analyses to satisfy the EPA’s Section 404(b) guidelines, which require a permit from the Army Corps of Engineers before any project discharging dredged or fill material into water. Our attorneys also assist in obtaining necessary certifications from states that a permit issued by the Army Corps of Engineers under Section 404 would not result in violation of water quality standards.
We also represent municipalities and sewer districts addressing unpermitted wet weather overflows, NPDES permitting issues for municipal wastewater treatment plans, and developing local ordinances and regulations concerning industrial and stormwater inflows. Municipalities and sanitary sewer districts own and operate extensive sewer systems for the collection, conveyance, and treatment of sanitary waste, industrial wastewater, and stormwater, and our attorneys’ collective experience enables clients to navigate the unique regulatory requirements for these systems. Our work also includes negotiating wet weather consent decrees at state and federal levels, defending against Clean Water Act citizen suits, and responding to alleged NPDES permit limit exceedances. We also assist municipalities and sewer districts on regulatory development issues affecting sanitary and storm sewer systems.
Industrial and municipal clients also turn to our team for assistance in evaluating water-quality and technology-based standards and reporting obligations. We also make them aware of compliance obligations under additional state and federal programs related to water quality impacts, such as spill prevention, control, and countermeasure plan requirements and state programs focused on controlling water pollution from construction and development. Our attorneys also assist clients in auditing compliance with federal and state Clean Water Act-related programs and requirements, and we work closely with state regulators to determine the best way to ensure compliance.
Our attorneys represent industrial, municipal, and agricultural clients in various enforcement actions alleging non-compliance with NPDES and other permits. We assist clients in evaluating claims and responding to notices of violation and, as appropriate, determining appropriate remedial measures. We negotiate federal and state settlement orders for alleged permit and other regulatory violations. We also defend clients against citizen suit claims under the Clean Water Act for alleged permit limit violations as well as allegations of discharges without a required NPDES permit.
Commercial Transactions and Land Development
We assist clients with environmental issues concerning transactions across many sectors of the real estate market including retail, mixed-use developments, multi-family, health care, office, industrial, and corporate facilities. Working collaboratively with our Real Estate practice group, we handle all aspects of acquisitions, including environmental due diligence, permitting, and zoning, for clients as large as Fortune 10 companies to more targeted transactions for emerging companies. Our team is experienced handling environmental issues in every aspect of the process, including satisfaction of the appropriate inquiry standard, negotiating environmental indemnification provisions, and working with federal, state, and local agencies to ensure properties are developed in an environmentally compliant and economic manner.
Our true and tested environmental checklists and critical date/path tools can be tailored to individual real estate transactions and ensure all environmental issues associated with a transaction are addressed quickly. We work closely with clients and our Real Estate practice group during each transaction to navigate environmental issues and coordinate with other professionals, including engineers and real estate appraisers, to complete due diligence tasks such as surveys, wetlands delineation, and environmental studies and other site condition reports.
We perform document review and facility inspections, including supervising outside environmental consultants concerning environmental due diligence. We have experience applying practical and legal risk analysis for both buyers and sellers. Our goal is to assist the deal team with closing transactions with creative solutions to even the most severe environmental issues.
We help clients move efficiently from concept to completion, guiding them through the permitting and governmental incentives processes. Our attorneys work to truly understand our clients’ business objectives so we can be counselors and advocates. With broad experience in the real estate industry, including public sector planning work, real estate brokerage, and significant civic engagement, we speak the language in a unique way. Our attorneys are also a due diligence resource for clients acquiring new sites, and we have a proven track record of successful land use litigation.
Emergency Planning and Response
Our attorneys have knowledge and experience guiding clients through local, state, and federally mandated emergency response programs and procedures. This includes the federal Emergency Planning and Community Right to Know Act (EPCRA), which establishes a complex regulatory scheme and emergency planning requirements for facilities storing or transporting various chemicals and substances. We are also prepared to defend clients against allegations of violation of these standards.
Our EPCRA attorneys work with clients to help them meet emergency planning and response requirements to help reduce the likelihood that an environmental emergency occurs or to reduce the impact if it does. We advise and review documents such as emergency response plans relating to emergency response procedures. We are also readily available to assist clients dealing with an environmental emergency. We counsel clients on release reporting requirements, public notice issues, and accident investigations. We also assist clients responding to subsequent federal, state, or local actions and individual suits that can arise after an environmental emergency is resolved.
Given the complicated nature of EPCRA, our clients occasionally face issues when a federal or state agency asserts requirements have been violated. We have experience working with federal and state agencies to resolve enforcement actions, whether through settlement or litigation.
We also monitor changes to the EPCRA regulatory scheme and assist clients in commenting on and complying with changes as technologies and science evolve. We assist clients in preparing comments on proposed federal and state regulations relating to EPCRA-related issues and offer clients assistance with developing and implementing procedures for compliance with regulation changes.
Energy and Natural Resource Development
Our attorneys represent numerous energy clients, including coal, petroleum, natural gas, and alternative sources, throughout the county with virtually every aspect of their business. We advise on permitting, regulatory issues, defense of enforcement actions, and actions brought by citizens. We also counsel energy clients on land use and real estate issues and assist with questions involving the ownership of property and mineral rights, as well as title, leasing and royalty issues.
Our attorneys also have a comprehensive understanding of how the Endangered Species Act impacts operations of our energy clients, and we advise our energy clients on such issues. We also work with federal and state regulatory agencies to address concerns regarding the impacts of operations on endangered species’ habitats.
Product Stewardship
Our clients must comply with an ever-growing regulatory landscape, filled with related but different requirements, to conduct business. Our attorneys work with clients to help them foresee and meet product safety and environmental stewardship regulations and standards set by local, state, and federal agencies while also achieving their short- and long-term business goals.
Our attorneys understand the challenges in complying with all of the regulatory requirements affecting a business and provide clients detailed counsel on product stewardship. This includes helping clients foresee regulatory issues with new products being developed; advising on responses to customers’ requests for information about constituents affected by a client’s product; helping clients recognize laws and regulations impacting how products can be advertised or marketed; and providing legal advice following the issuance of a cease and desist order or other citation. We also counsel clients on end-of-life disposal practices, including the disposal of packaging, waste, by-products from manufacturing, and recycling/biodegradation.
Site Characterization, Cleanup and Remediation
Our attorneys are experienced in advising companies of all sizes on potential federal and state legal issues arising from accidental releases at industrial facilities. We assist clients with due diligence associated with historical and current contamination, including satisfying the all appropriate inquiry standard and the preparation of Phase 1 and Phase 2 site assessments in advance of the purchase or sale of real property; reviewing legal options and funding opportunities available under federal and state law to remediate localized contamination of soil or groundwater; handing natural resource damage claims; and navigating the redevelopment of contaminated brownfield properties.
Importantly, our attorneys are experienced navigating the complex world of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), which is the federal government’s primary mechanism to clean up uncontrolled or abandoned hazardous waste sites, accidents, spills, and other pollutant releases into the environment. Our team helps clients navigate complicated CERCLA issues and provides guidance through potential cleanups and cost recovery actions.
We also represent clients navigating the complicated permitting regulations as well as corrective action requirements established by the Resource Cost Recovery Act (RCRA) which governs hazardous waste generation and management. Our attorneys also defend clients against government claims and private actions brought under RCRA.
Our attorneys assist parties evaluating and navigating voluntary cleanup options available in various states and have successfully worked as part of a team to achieve closure under state voluntary cleanup programs at facilities nationwide. We also work with federal, state, and local officials to secure grants, if available, to complete remediation projects. We also work with large and small financial institutions and insurance companies to obtain favorable loans and insurance coverage for projects relating to the redevelopment of contaminated property.
When disputes or problems arise, client turn to our team to guide them every step of the process, from navigating administrative orders demanding cleanup; handling legal action brought by property owners related to a contaminated property, or handling claims of reimbursement from third parties for costs from addressing the remediation; and citizens may join together to bring a citizen suit. Our attorneys have experience dealing with all of these scenarios and have successfully negotiated or defended agency and private legal actions stemming from the contamination of property.
Waste
Our attorneys assist clients with federal and state requirements involving numerous forms of waste, including hazardous waste, construction debris, and household trash, as well as recyclable materials. We advise clients on waste management, storage and disposal issues. We also deal with underground storage tanks, Superfund, and redevelopment projects. We counsel clients on permitting and compliance issues associated with waste generation and management and assist in navigating the requirements to redevelop properties with real or perceived environmental problems, including developing institutional controls and use of environmental covenants. Our attorneys are experienced with regulatory requirements for permitting and reporting and fee assessments as well as defending notices of violations and enforcement actions.
Federal, state, and local regulations can create complicated restrictions and requirements for the operation of waste disposal facilities. Our attorneys navigate these ever-changing laws for both public and private operators of solid waste, industrial waste, hazardous waste, and construction and demolition debris landfills and recycling facilities. We are ready to assist clients negotiating with government agencies on matters including design criteria, siting restrictions, licensing and operations, financial assurance, cleanup, and closure. We help businesses understand and meet regulations that apply to generation and management of hazardous wastes.
When federal and state environmental agencies inspect facilities, any violations of waste regulations may result in demands for corrective action and possibly civil penalties. We assist clients in evaluating cited violations and taking any necessary corrective action. Our attorneys also meet with agency enforcement specialists to defend and mitigate the cited violations, in order to reach a resolution that is both technically feasible and economically reasonable. We are also prepared to defend our clients in any civil or criminal enforcement actions in state and federal court or before an administrative authority.