Environmental & Natural Resources
LeaderPatrick J. Larkin
DirectorRod E. Williamson
Clark Hill’s Environmental and Natural Resources attorneys provide practical and creative solutions to challenging environmental problems. Given the complex and dynamic nature of the regulatory landscape, clients rely on our attorneys to navigate crucial environmental issues during compliance, enforcement, transactional, and litigation matters. Our team includes attorneys with valuable government, industry, and technical experience throughout major markets across the United States and the world.
Diverse clients across many different industries rely on our environmental and natural resources attorneys to define, mitigate, and manage environmental liabilities and obligations. We understand the often-conflicting perspectives of different stakeholders and assist clients in developing and advancing tailored strategies and solutions to multifaceted environmental challenges.
We combine our thorough understanding of environmental and natural resources laws and the associated regulations with a deep appreciation of our clients’ business needs to pursue practical and cost-effective solutions. As a result, our attorneys often receive recognition for their ability to effectively solve complex environmental and natural resource challenges on behalf of a wide range of clients, including manufacturing, automotive and transportation, retail, utility, oil and gas, chemical, construction, project development, and real estate sectors.
Our team is ready to:
- Provide permitting and compliance counsel to regulated facilities and entities.
- Defend against environmental claims and government enforcement actions.
- Design and perform due diligence reviews and audits; negotiate and structure transactions to ensure compliance and minimize environmental liabilities; and direct post-closing compliance corrections and remedial actions in corporate mergers and acquisitions, real estate sales, and financing.
- Counsel financial lenders and guarantors on liability risks and regulatory obligations arising from foreclosure and collateral management.
- Assist in site assessment and remediation strategy in Superfund-type environmental cleanups and Brownfield developments, including retaining and directing remediation consultants and negotiating closure obligations with governmental agencies.
- Represent large-share/lead potentially responsible parties (PRPs) and act as joint counsel to PRP groups in group formation, remedial response negotiations, cost allocations and settlements, and cost-recovery actions against non-cooperating PRPs in complex remediation enforcement cases.
- Assess the applicability of rule and permit obligations and negotiate, obtain, and defend state and federal permits, including those issued under the Clean Air Act (CAA), Clean Water Act (CWA), Resource Conservation and Recovery Act (RCRA).
- Support clients in demonstrating compliance during governmental inspections and environmental audits, including the development and implementation of management systems to ensure continued compliance.
- Assist clients in developing wetlands and protected habitats by providing CWA jurisdictional analyses, negotiating CWA permits, defending wetlands-related enforcement actions and replacement and restoration orders, and representing property owners in drainage and riparian rights disputes.
- Defend regulated companies in state and federal agency administrative and judicial enforcement actions under the CAA, CWA, and RCRA, as well as nuclear waste and radiation licensing statutes, the Endangered Species Act (ESA), toxic substance laws such as the Toxic Substances Control Act (TSCA), and the Federal Insecticide Fungicide, and Rodenticide Act (FIFRA).