Enforcement expertise in all of the major federal and state environmental programs, including:

Complex air quality permitting and enforcement matters under all of the major air pollution programs (PSD/NSR, NSPS, NESHAPS and Title V permitting) in a broad range of industries. Represent clients in enforcement actions brought by regulatory authorities as well as those brought by citizens and public interest groups. Routinely assist clients in “self-reporting” violations. Substantial air permitting experience includes “greenfield development” of complex industrial facilities as well as PSD and NSR permitting of existing industrial sites. Practice often involves transfer of permits in corporate transactions and assessment of liabilities associated with air pollution controls. Experience in emissions requirements and imports of non-conforming engines.
Hazardous and solid waste permitting, compliance and enforcement, with experience in RCRA Part B permitting, corrective action, and the air pollution control requirements associated with RCRA control technologies. Substantial experience in UST compliance and remediation under variety of state programs, including claims from LUST funds, Defense of clients in enforcement actions involving generator, transporter, and treatment, storage and disposal facility standards, and closure, post closure and corrective action of treatment and disposal units, as well as actions involving underground storage tank permitting, compliance, enforcement and remediation; defend and prosecute RCRA citizens’ suits, and substantial experience negotiating the transfer of RCRA liabilities, including UST liabilities associated with historic waste handling activities at sites involved in corporate transactions.
State and federal CERCLA actions, including cost recovery, liability allocation and remediation. Assist clients in release reporting and response and defending actions related to releases.
Defense of enforcement actions brought under the Emergency Planning and Community Right to Know Act, including all aspects of 304, 311, 312 and 313 reporting, as well as the OSHA Hazard Communication Employee Right to Know laws. Coordination of responses and notifications to agencies associated with releases of hazardous substances into all media.
TSCA compliance, including assisting clients in pre-manufacture and significant new use reporting. Experience in PCB disposal and remediation.
Water quality permitting and enforcement at federal, state and local levels including NPDES permitting, stormwater and wetlands permitting and controls, and groundwater monitoring and remediation. In the course of corporate, lending and real estate transactions regularly develop strategies for wetlands permitting and development.
Transportation of hazardous substances and PHMSA enforcement.
Developing Risk Management and environmental compliance programs for a broad range of industries, and developing and supervising compliance audits.

Significant non-regulatory experience includes:

Negotiating insurance coverage, and coverage claims relating to environmental matters.
Negotiating prospective purchaser agreements, covenants not-to-sue and liability transfers in connection with acquisition and sale of contaminated properties, and in connection with businesses having substantial regulatory liabilities at the time of acquisition or divestiture.
Actively involved in environmental and safety due diligence of businesses and property in corporate and financial transactions, with familiarity with insurance coverage and the numerous state programs imposing remediation of contamination of real property as a condition of property transfer.
Prosecuting and defending environmental indemnities.
Conducting and negotiating voluntary disclosures of non-compliance.
Negotiating brownfield cleanups and redevelopment of contaminated properties under various state and federal programs.
Coordination and oversight of responses and document production in response to USEPA Requests for Information under federal environmental laws, and defense of subsequent actions relating thereto.

Industry experience includes: steel and other heavy manufacturing, petroleum, chemicals, petrochemicals and specialty chemicals; pharmaceuticals and health care; coatings and adhesives manufacturing; landfills; explosives and pyrotechnics manufacturing, deactivation and disposal; minerals and aggregates mining and processing; coke and petcoke processing and storage; and waste, metals and scrap processing, recycling and disposal.