Environmental

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Can you spot the risk? Before you complete the deal, ask us. We can help you spot potential environmental issues today, saving you future headaches … and potential claims.

Overview

Who we are

The statutes and regulations developed to protect health and the environment can affect almost every industry. Understanding the role your business plays can be challenging. We closely follow the evolution of environmental laws and can counsel you on the impact to your operation today and in the future.

Administrative litigation before regulatory agencies may also pose a significant concern for your company. Our success in navigating these agencies and concerns stems in part from our experience in having prosecuted them. Some members of our team formerly served as attorneys with the U.S. Department of Justice, the Illinois Environmental Protection Agency and the Environmental Division of the Missouri Attorney General.

What we do

We handle a variety of environmental claims in state and federal courts and before state and federal regulatory agencies, including:

  • CERCLA cost recovery cases
  • Claims arising out of spills and releases of contaminants – pipeline leaks, UST issues and refinery operations
  • Class actions arising out of alleged contamination of water, land, and air including MBTE, benzene, lead, lead paint, asbestos and other alleged contaminants
  • Environmental dispute resolution
  • Environmental enforcement and defense of environmental issues arising from commercial acquisitions and other transactions
  • Land use-related litigation arising from mining operations – remediation plans and water releases and subsidence issues
  • Permitting and citizen disputes
  • Permitting related to drilling, water and air emissions associated with energy projects including refineries and drilling (fracking)
  • Property damage, real property claims and diminution in property value
  • RCRA and civil and administrative enforcement actions involving Clean Water Act and Clean Air Act actions
  • Regulatory investigations and complaints
  • Toxic tort
  • Toxic nuisance and toxic trespass

Clients turn to our attorneys for advice and regulatory guidance with respect to a host of environmental concerns affecting – or potentially affecting – their business or real estate operations. We have experience handling:

  • Advisory services to corporations contemplating a change in services (e.g. chemicals)
  • Brownfields and real estate development
  • Compliance and due diligence matters
  • Corporate and commercial issues
  • Environmental management – internal audits, wetlands, and water issues
  • Hazardous, infectious and solid waste regulations – RCRA, CERCLA
  • Permitting
  • Property acquisition
  • Site remediation
  • Reporting and compliance requirements, federal and state
  • Underground storage tanks

Clients we represent include cement plants, environmental remediation companies, farming and animal producers, hazardous waste processors and transporters, landfill owners, manufacturers, mineral processors, oil and gasoline jobbers and marketers, petroleum refiners and marketers and real estate developers.

We can also defend your interests when your operation is confronted with criminal prosecution for claimed violations of environmental laws and can represent your business interests in toxic tort litigation arising from exposure to environmental conditions. 

Attorneys

Experience

Representative Matters

  • Successful defense of an integrated oil company in cost recovery litigation in which the client was dismissed from litigation involving 31 other companies.
  • Judgment for client finding seller to be required to indemnify client for past environmental liabilities in a public agency’s action to enforce environmental liabilities.
  • Defense of one of the largest privately owned U.S. companies against criminal and civil enforcement actions, citizen suits and a natural resource damages claim due to the largest release of hazardous waste in a Missouri waterway.
  • Defense of mineral manufacturers involved in a cost-recovery action in Superfund litigation and civil enforcement proceedings.
  • Defense of multiple toxic tort lawsuits due to alleged exposure to petroleum products, petroleum additives, salt cake and aluminum.

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