Complex and extensive regulations now apply to organizations previously unaffected by environmental laws. The Group’s attorneys routinely answer questions on air and water pollution, solid and hazardous waste disposal, hazardous material management, emergency planning and community right-to-know issues, groundwater protection, petroleum and chemical bulk, storage tanks, asbestos removal, PCB cleanup, and critical environmental areas (freshwater wetlands, coastal zones, and flood plains). We have key substantive, real-world experience and knowledge in many critical areas routinely encountered by businesses, including:
Brownfields Site Development. Our attorneys have assisted clients in restoring and recycling more than 100 brownfield sites to productive and profitable use, including the recent completion of a $15 million remediation associated with the $100 million HealthNow office building in downtown Buffalo.
Hazardous Waste Site Remediation. The Group’s attorneys have managed and overseen more than 150 hazardous waste site cleanups throughout New York in cooperation with the NYSDEC.
Petroleum Spill and Tank Remediation. Our attorneys have unparalleled experience in petroleum spill and tank remediation (and cost recovery actions associated with those cleanups), having successfully managed more than 250 petroleum spill and tank cleanups.
Remediation Cost Recovery Litigation. The Group’s attorneys have worked closely and successfully with our clients to identify, target, and connect responsible parties to site contamination and then to recover those environmental investigation and remediation costs from the responsible parties both for hazardous waste (CERCLA) and petroleum spills (Navigation Law) found on site.
Environmental Issues in Transactions. Our attorneys have completed the required due diligence and have managed and addressed environmental issues in all types of transactions on all sides of a deal, whether acquisitions or sales (leveraging environmental issues in contract and price negotiations), real property transactions, mergers, or lending transactions. We have assisted in closing many large and small deals involving potential environmental deal-stoppers. We have handled thousands of real property parcel sales and many corporate acquisitions or sales, some in excess of $50 million. We have also handled such unique transactions as property trades, package property sales, landfill developments, and other complex real estate transactions. We focus on getting the deal done, leveraging environmental issues, and protecting both the company and its individual shareholders from contingent risk of liability.
Wetlands Permitting. Our team is at the cutting edge of managing wetland issues during site development and state (NYSDEC) and federal (ACOE and USEPA) permitting for large- and small-scale projects, applying the most advantageous wetlands policies and cases to achieve our clients’ goals.
Representation in Other Environmental Litigation Matters, Including Superfund and Cleanup Disputes. We represent clients in disputes with government agencies and with private parties concerning liabilities arising out of contaminated properties. We also represent industrial, commercial, and municipal clients in negotiations with federal and state agencies concerning the terms of Consent Orders for environmental cleanup or landfill closures.
Representation During Enforcement Proceedings - Administrative, Civil, and Criminal. Enforcement activities have increased in recent years, but timely advice can often limit or avoid penalties. The Group’s attorneys represent clients at every stage – from administrative hearings to civil or criminal proceedings.
Preparation for Congressional, State, or Local Legislative Testimony. Individuals, businesses, and associations often have an interest in proposed environmental legislation or regulations. Our attorneys are experienced in helping clients achieve legislative goals.
Tracking and Forecasting Changes in Environmental Law. We routinely track proposed regulations and pursue an ongoing dialogue with environmental authorities. As part of our value-added service to clients, we circulate on a routine basis a HSE Viewsletter, reporting key environmental law and land-use developments (case law, legislative, policy, and others), and HSE Quick News, a publication for late-breaking developments.