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LEGAL SOLUTIONS
Capabilities include negotiating the requirements of complex federal and state environmental regulations, defense in agency proceedings and investigations, and supporting in-house compliance audits. Transactional services include negotiating environmental terms, due diligence oversight, and pre- or post-closing remedial support. Here are a few examples:
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Hazardous and UST sites
Supporting client in a multi-party cleanup under both U.S. EPA’s non-time-critical removal action authority under Superfund and the state voluntary remediation program.
Helping navigate the cleanup of an industrial facility simultaneously under both state brownfields and voluntary remediation programs.
Working with consulting firms to achieve delisting and NFA determinations under state Superfund-type laws and UST programs.
Clean Air and Water
Defending clients in Title V, PSD, and other air permitting and emissions enforcement matters. Settled attainment NSR enforcement against a manufacturer for a fraction of the agency penalties.
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Defending NPDES and erosion and sedimentation proceeding against developer with no work stoppage or penalties.
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Representing client in discharge and variance proceedings with POTW.
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Developing responses to EPA information requests for manufacturing, automotive, and retail clients.
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Brownfields Redevelopment
Facilitated the redevelopment of brownfields and voluntary cleanup sites, including former industrial plants, shopping centers, and mixed-use developments.
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Negotiated private party due diligence, agency disclosures, enrollment in brownfields and VRP programs, and allocation of cleanup responsibilities through governmental liability protections, restrictive covenants, financial assurance mechanisms, and environmental insurance.
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PFAS
Representing client in a state mandated PFAS remediation site.
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Worked with client and forensic consultant in responding to governmental information requests regarding historical PFAS disposal.
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Negotiating the allocation of PFAS risk in private party transactions.
Practices: Text
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