Our environmental lawyers know federal, state, local, and Tribal environmental laws and the agencies that govern them. With our regulatory experience as a starting point, we can assist you in navigating complex legal challenges, making informed business decisions, pacing through day-to-day compliance obligations, avoiding environmental disputes, and litigating high-stakes environmental issues.
In our national Environmental Practice, we help clients address environmental issues and legal disputes involving air and water quality, species, Superfunds, hazardous waste, and public lands, among other matters. We represent individuals and companies, including the oil and gas industry (exploration, production, refining, transport, and onshore and offshore storage, and the mining industry), power transmission, renewable energy, natural resources development, manufacturers, developers, food and beverage, waste management, banks and other lenders, utilities, rock product companies, agribusinesses, water providers, and water users. The list goes on. We counsel companies in policy and rulemaking matters, compliance programs, transactions and related due diligence, project development, permitting, and enforcement defense. Many of our environmental team members have extensive litigation experience, including appellate work and toxic torts (mass torts), resulting in a full-service practice well-positioned to meet your needs.
Commercially Minded Environmental Counsel
As career environmental lawyers, we’ve spent years drafting legislation and interacting with federal and state agencies on policies important to you, the Client. Clients rely on our experience to anticipate and benefit from governmental regulatory initiatives and rulemaking.
Deep knowledge of the applicable environmental statutes, regulations, and policies helps us ably navigate day-to-day compliance issues and strategically engage with federal and state lawmakers as needed.
We offer many services to Clients in the environmental space, and the following offers just a brief preview of a few such services:
Compliance audits, programs, and advice related to mold, air and water quality, solid and hazardous waste, asbestos, and product standards
Representing clients in high-profile rulemakings before federal (EPA, for example) and state agencies related to air quality (CAA), water quality (CWA), and other new proposed rules
Assisting clients in navigating the complexities of the National Environmental Policy Act
Site cleanups, environmental responsibility, and site remedial obligations
Corporate environmental programs: Net Zero, green certification, and sustainability plans, as well as ESG assessments and strategies
Employee education and training and internal procedures
Renewable energy credits, state cap and trade programs, and carbon tax requirements
Regulatory filings and environmental representations within SEC filings
Bona Fide Prospective Purchaser Defense under CERCLA and parallel state laws, including compliance with the Phase I Environmental Site Assessment requirements and compliance with all appropriate inquiry standards
When problems arise, we implement remedial measures and defend vigorously against enforcement actions and claims. Our lawyers have experience representing clients in permitting and rulemaking matters, administrative hearings, proceedings, and judicial reviews (including appellate).
Knowledge of Federal Environmental Laws and Comparable State Statutes
Clean Air Act (CAA)
Comprehensive Environmental Response
National Environmental Policy Act (NEPA)
Compensation and Liability Act (CERCLA or Superfund)
Resource Conservation and Recovery Act (RCRA)
Clean Water Act (CWA)
Pipeline and Hazardous Materials Safety Administration regulations
National Historic Preservation Act
Endangered Species Act
Transactional Experience with an Energy Focus
We frequently represent clients as their environmental counsel on strategic divestments and investments and significant corporate transactions, like M&As. We are involved in a variety of major transactions from mining to food and beverage to livestock, advising clients on environmental risks and liabilities. Many of these transactions involve the financing and development of traditional and non-traditional energy projects. It is common for us to advise on environmental issues throughout the lifecycle of these projects.
Our transactional advice touches on many different topics, such as:
Environmental due diligence
Contract reviews, term negotiations, and the addition of provisions to address environmental issues
Compliance assessments and future costs estimates
Permitting matters, including permit transfers
Emission allowances and reduction credits
Environmental regulations and compliance requirements
Representative Experience
Represented a food and beverage company in a precedent-setting greenhouse gas (GHG) rulemaking before the Colorado Air Quality Control Commission to comply with Colorado’s statutory GHG reduction targets
Successfully secured a stay pending appeal of the Environmental Protection Agency’s (EPA) cross-state ozone reduction plan before the U.S. Supreme Court
Represented a major mining company in local, state, and federal environmental and permitting matters related to a greenfield development project in the Western United States
Provided regulatory counsel to oil and gas companies on Tribal NSR and Tribal implementation plan compliance obligations
Represented a Fortune 500 pharmaceutical company in matters related to a 1.25 billion dollar acquisition of a clinical-stage biopharmaceutical company that develops medicines to treat chronic pain. Our representation involved drafting and negotiating transactional documents and assessing the environmental liabilities and compliance obligations arising from the transaction
Need legal advice and guidance in environmental law?
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