Environment, Energy & Natural Resources

Many find it difficult to navigate the environment, energy, and natural resources (“EENR”) arena, with an ever-expanding maze of laws and multiple regulatory agencies at both the federal and state levels. Clark Hill’s practice group has the depth of expertise to handle a wide spectrum of EENR client services. Our attorneys not only have substantial experience assisting corporate and other private sector clients, but also possess backgrounds as former senior attorneys with the United States Environmental Protection Agency, the Department of Justice, the Army Corps of Engineers, and state-level energy and environmental agencies. Thus our attorneys understand our clients’ problems from business, legal, and institutional perspectives and know what it takes to solve complex EENR problems from the inside and out.

Clark Hill’s attorneys have assisted clients with environmental assessments and impact statements; environmental permitting; hazardous waste cleanups, natural resource restorations; Brownfields redevelopments; licenses and permits for the siting of manufacturing plants and energy projects, such as oil & gas pipelines, and nuclear and hydropower facilities; the conduct of EENR due diligence during corporate mergers and acquisitions; regulatory counseling and compliance; defense of enforcement actions in administrative or judicial litigation; and federal environmental and energy appeals. Among our specialized capabilities is assisting energy clients when energy companies or utilities require assistance with the intersection of federal and state energy laws and regulations with related environmental/natural resource requirements. We have the sophistication and background to effectively represent clients before Congress and in negotiations with federal and state regulatory agencies. We also know when to aggressively challenge statutes, administrative rules, guidelines, enforcement determinations, and agency actions to achieve the best results for our clients.

Clark Hill’s clients encompass all facets of industry, manufacturing, the energy sector, commerce, and information technology. We have represented individuals, private and public corporations, nonprofit organizations, utilities, developers, counties and municipalities, redevelopment authorities, automotive suppliers, pharmaceutical manufacturers, telecommunications, and transportation companies, to name a few. Our goal is always the same: To first understand our clients’ businesses, and then help them solve problems they face in the most efficient manner.

Practicing preventive law is a cost-effective means for clients to achieve compliance with EENR laws. With Clark Hill’s expert guidance, our clients have the ability to interpret and comply with the broad range of complex and inter-related EENR laws and regulations. For example, we provide regulatory counseling, handle EENR issues in corporate and real estate transactions, defend and prosecute federal and state Superfund cost recovery actions, and defend environmental enforcement actions.

In the energy sector, Clark Hill attorneys have been representing industrial and large institutional clients before state and federal energy regulators for decades, covering such diverse matters as energy acquisitions, utility strategies, and nuclear waste disposition, enjoying an excellent track record for reducing the energy costs for businesses. We are positioned to assist where energy and environmental law intersect on such issues as greenhouse gas emissions, climate change regulation, and environmental and natural resource assessments of energy infrastructure projects. Attorneys on our team have assisted clients in negotiating natural gas supply and transportation contracts, transfer of nuclear and hydropower licenses, obtaining permits for renewable energy facilities, and resolving issues related to traditional fossil fuel power plants.

Our extensive and varied environmental, energy, and natural resources experience includes:

Transactional work in connection with corporate mergers and acquisitions, real estate sales and financing: performing EENR due diligence reviews and audits; structuring corporate sales and energy acquisitions to minimize environmental liabilities; negotiating environmental contract provisions; and assisting in Phase I/Phase II Environmental Site Assessments. During their collective careers, EENR attorneys have handled federal EENR issues in all fifty states.
Environmental cleanups, natural resource restorations, and Brownfield redevelopment: Negotiating consultant contracts, negotiating remediation and closure plans with governmental agencies, and assisting in remediation protocols. Serving as lead counsel for potentially responsible parties during Superfund remediations, cost recovery actions, and in Natural Resource Damage (“NRD”) proceedings; preparing and reviewing Brownfield plans, and assisting in obtaining Brownfield funding through tax increment financing and single business tax credits.
Regulatory compliance and permitting: Advising clients in the navigation of complex regulatory compliance and defending Notices of Violation. Assisting clients in obtaining National Pollutant Discharge Elimination System (“NPDES”) and pretreatment permits, underground storage tanks, air permits, and spill reporting requirements, and nuclear waste compliance and during governmental inspections and environmental audits.
Licensing: Assisting clients in securing Federal Energy Regulatory Commission (“FERC”), Nuclear Regulatory Commission (“NRC”), and related federal licenses and approvals for power plants and electrical distribution systems.
Litigation and Appellate: Environmental defense of administrative and judicial actions under the Clean Water Act, the Clean Air Act, nuclear waste statutes, the Endangered Species Act, and toxic substance laws such as the Toxic Substances Control Act (“TSCA”) and the Federal Insecticide Fungicide, and Rodenticide Act (“FIFRA”) (PCB, pesticide, and asbestos abatement). Defending environmental citizen suits and civil and criminal enforcement cases, representing both plaintiffs and defendants in state and federal Superfund cost recovery and contribution actions, litigating insurance coverage for pollution claims, defending toxic tort claims and handling related appeals in the federal circuits.
Legislative and administrative proceedings: Providing comments on rulemakings and testimony before legislative bodies, and representing clients in administrative proceedings.
Wetlands and riparian rights: Assisting clients in obtaining wetlands jurisdictional determination and Clean Water Act permits, representing parties in wetlands enforcement action, replacement and restoration matters, and representing property owners in riparian rights disputes.