Environmental / Natural resources

We achieve solutions for businesses facing environmental regulation and for their insurers.

Environmental and Natural Resources law is the collective body of laws, rules, statutes, regulations, orders, constraints and allowances that are all concerned with the maintenance and protection of the natural  environment.  Environmental and natural resources-related concerns affect businesses and every industry. Our Clients often need legal counsel to advise them on a wide range of issues involving environmental and natural resources law, including compliance counseling, regulatory and legislative advocacy, litigation and commercial transactions.  We strive to understand our Clients’ goals and needs, efficiently minimize risks and costs, avoid negative public perception and develop risk avoidance strategies.   Areas of Service Compliance/Regulatory: We have significant experience with environment, energy and product regulation. In addition to advising Clients on permitting and regulatory issues before EPA, DOI and other federal agencies and departments, we advise businesses and individuals on a broad variety of environmental, energy and natural resources enforcement issues. We have substantial experience with the CWA, CAA, TSCA, RCRA, OSHA, CERCLA issues and with emergencies raised by spills or accidents, as well as with the release reporting requirements associated with them. We assist our Clients in problem-specific and site-specific methods related to:

  • Air quality – permits and conditions, compliance reports, variances and exclusions
  • Water quality – National Pollutant Discharge Elimination System permits, Arizona Pollutant Discharge Elimination System permits, “Waters of the United States” Section 404 permits,  storm water and Aquifer Protection Permits
  • Waste – solid, hazardous, and special waste permitting, handling and reporting
  • CERCLA or Superfund defense, Administrative Orders on Consent and/or settlements
  • Advocacy before federal and state Environmental Agencies on laws, rules or regulations

Transactions: Asset and stock transactions involving real estate and business operations require a clear understanding of potential environmental risks. We assist our clients in making informed and sound business decisions by providing:

  • Environmental due diligence, including oversight of consultants for Phase I and Phase II Environmental site Assessments under ASTM Standards
  • Negotiating, drafting and analyzing real estate contract provisions with environmental issues
  • Negotiations with regulators regarding Innocent Landowner protections, prospective purchaser agreements, deed restrictions or deed notices and other mechanisms

Brownfield Redevelopment: We represent sellers and purchasers of environmentally impaired properties in obtaining regulatory closure or no further action status by drafting and negotiating prospective purchaser agreements, voluntary cleanup agreements, environmental covenants, site management plans, RCRA corrective action permits, institutional controls and deed restrictions and deed notices and land use covenants. Litigation: We provide our clients with knowledgeable and experienced environmental advocacy to protect their rights and guard against unnecessary costs.