Clark Hill’s Environmental, Health, and Safety (EHS) attorneys provide clients with diverse regulatory, enforcement, and compliance management experience, including former in-house executives and government enforcement counsel. These attorneys provide cost-effective solutions to the most complicated matters arising under EHS laws governing local, national, and international businesses. We bring skilled insight to clients on how agencies operate and the complex and inter-dependent regulations governing their industries. We develop strategic solutions to achieve regulatory compliance and business goals.
We help clients develop and implement practical solutions to the complex issues arising from environmental protection, natural resources, workplace health and safety, product safety, and energy-related laws and policies. We counsel clients on applicability and compliance issues arising under laws relating to air emissions, solid and hazardous waste management, stormwater and wastewater discharges, pesticide registration and usage, legacy site obligations, and more.
Our EHS Compliance Management practice focuses on:
- EHS Compliance Programs and Management Systems: We work closely with clients’ technical and engineering teams to design and implement comprehensive, multi-media EHS compliance programs and management systems. Our advice helps clients to better serve their multinational customers and stakeholders, assess and manage uncertainty, and increase revenue. We design and conduct internal investigations, compliance audits, and root cause analyses to identify systemic failures or areas of potential exposure, including development and implementation of corrective action plans and programs, before being faced with enforcement actions.
- Business Transactions: Our EHS team supports the firm’s Corporate, Financial Services, and Real Estate practices by conducting environmental due diligence in a broad range of industries and transaction types, including project feasibility analyses, real estate portfolios, mergers and acquisitions, and investment decisions. We perform pre- and post-closing EHS compliance assessments and permit counseling, site investigations and remediation, and risk allocation and indemnification agreements to protect against future environmental risk. Our attorneys have provided due diligence on acquisition of nuclear, chemical manufacturing, and hydropower facilities; in mergers of waste management companies; as well as conventional corporate, manufacturing, commercial, and real estate transactions.
- Permits & Licenses: We assist clients to assess the applicability of permits, licenses, and other authorizations related to their operations and products, including air, underground storage tank (UST), and other permits. We also help clients to navigate complex and sensitive permit-related issues, including stakeholder and competitor interest in permits and modification requests, as well as the increasing importance of environmental justice factors affecting state and federal permitting programs.
- Litigation: In those cases where a reasonable solution to issues raised in assessments or audits can’t be resolved with governmental entities or other parties, our team is prepared to represent clients before state and federal administrative agencies and courts to secure their rights. Our attorneys, including former U.S. EPA and state enforcement attorneys, are experienced on both sides of various EHS disputes, such as permit appeals, rule challenges, cost recovery and contribution actions, citizen suits, and beyond.