Environmental Law

The ever-expanding maze of environmental laws and regulations can be difficult to navigate. With a tremendous depth of up-to-the-minute expertise, Clark Hill’s environmental law attorneys are ready to counsel and represent our clients in a broad range of environmental matters. Our attorneys have extensive experience in everything from permitting to regulatory compliance and enforcement to administrative appeals and litigation to the environmental aspects of corporate and real estate transactions. We have the sophistication and background to effectively negotiate with regulatory agencies. We know when to aggressively challenge statutes, administrative rules and guidelines to achieve the best results for our clients.

Clark Hill’s environmental clients encompass all facets of industry, manufacturing, distribution, commerce and information technology. Among numerous other entities, we have represented individuals, private and public corporations, nonprofit organizations, developers, municipalities, redevelopment authorities, Tier 1 automotive suppliers, pharmaceutical manufacturers and transportation companies.

With Clark Hill’s expert guidance, our clients have the ability to interpret and comply with a broad range of complex federal and state environmental laws and regulations. We provide regulatory counseling, handle environmental issues in corporate and real estate transactions, defend and prosecute federal and state Superfund cost recovery actions and defend environmental enforcement actions.

Our extensive and varied environmental law experience includes:

·         Transactional work in connection with corporate mergers and acquisitions, real estate sales and financing: Structuring corporate sales and acquisitions to minimize environmental liabilities, negotiating environmental contract provisions, performing due diligence audits, and assisting in Phase I/Phase II Environmental Site Assessments, BEAs, and Due Care Plans

·         Brownfield redevelopment: Preparing and reviewing brownfield plans, and assisting in obtaining brownfield funding through tax increment financing and single business tax credits

·         Regulatory compliance and permitting: Environmental audits, NPDES and pretreatment permits, PCBs, asbestos, underground storage tanks, air permits, and spill reporting requirements

·         Litigation: 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, and defending toxic tort claims

·         Remediation: Negotiating consultant contracts, negotiating remediation and closure plans with governmental agencies, and assisting in remediation protocols

·         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 permits, representing parties in wetlands violation, replacement and restoration matters, and representing property owners in riparian rights disputes

·         Counseling: Advising corporations and individuals on successor, director, officer and shareholder environmental liability