Environmental issues impact almost all businesses. Whether you are a small real estate management company or an international industrial manufacturer, the risks and liabilities that stem from potential contamination of the environment, damages to natural resources, or human exposure and health concerns demand the proactive attention of seasoned counsel. In response to the world’s growing focus on climate change, sustainability and resource scarcity issues, the regulatory landscape is in a continual state of evolution. You cannot afford to wait for an “event” before taking steps to ensure compliance and sound risk management, but you also cannot afford to implement unrealistic, gold-plated environmental, health and safety (EHS) measures. Our attorneys offer tremendous experience in helping clients achieve the right balance and identify practical and efficient solutions to their EHS needs, including support with the following:
- EHS Compliance and Enforcement. We routinely advise clients with day-to-day EHS compliance obligations related to air, water, waste, hazardous substance management, and product manufacturing/ labeling – from supporting their implementation of effective EHS Management Systems to directing EHS self-audit and voluntary disclosure efforts to effectively defending environmental enforcement actions when they do happen.
- NEPA Review and Permitting. We regularly support all aspects of environmental impact review and permitting for industrial processes as well as complex development projects, including project siting and resource mitigation (for wetlands, species, or cultural impacts). Our recent projects include electric transmission lines spanning hundreds of miles to mineral mining operations spanning thousands of acres.
- Due Diligence for Corporate and Real Estate Transactions. We have assessed and advised on environmental contamination and EHS compliance risks associated with hundreds of corporate and real estate transactions. We not only assist clients in negotiating the environmental terms of their sale/purchase agreements, but also help them to implement appropriate risk protections, including carefully tailored and cost-effective environmental insurance coverages where appropriate.
- Contamination Cleanup and Site Clearance. We have helped many clients successfully respond to spill/release events or obtain expedited clearance from voluntary (Brownfield) and mandatory (RCRA) site cleanup programs, as well as successfully navigate the complexities of Superfund (CERCLA) matters. Our creative solutions have helped many clients to clear and re-develop long-contaminated industrial sites for high-value residential, commercial, or mixed uses.
- Compliance with Product Manufacturing and Labeling Requirements. From EnergyStar to FIFRA to the HazCom standards to Prop 65 to Greenwashing, our lawyers advise manufacturers and distributors of consumer products that have the potential to impact the environment on a wide array of federal and state laws and regulations.
- Climate Change Regulation and Greenhouse Gas Emissions Reporting. A web of federal and state laws and regulations are driving companies to evaluate, disclose and refine their carbon footprint. Our lawyers assist clients to understand and develop strategies for complying with this rapidly developing landscape.
- Legislative and Regulatory Advocacy. We advise clients on environmental regulatory and legislative developments and assist them with responding to proposed rulemakings and developing strategies for managing compliance in an evolving regulatory climate.
- Regulatory Approvals and Advice. Our expertise includes matters involving the federal Clean Air Act (CAA), Clean Water Act (CWA), Resource Conservation and Recovery Act (RCRA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Toxic Substances Control Act (TSCA), Emergency Planning and Community Right-to-Know Act (EPCRA), National Environmental Policy Act (NEPA), Endangered Species Act (ESA), and National Historic Preservation Act (NHPA), as well as their state and local counterparts.