Our Environmental Law Practice Group provides clients with the breadth of experience and depth of knowledge necessary to address the issues presented by federal, state or local government regulations as well as challenges from private parties, such as cost recovery claims.
The Environmental Law Practice Group represents clients that may have to litigate with government agencies or which require a decision from a regulatory agency, whether it is the issuance of a permit, interpretation of an agency policy, resolution of an enforcement action, or opinion from an agency board. This representation requires a unique combination of legal and technical skills and a network of contacts, all of which our attorneys possess. Members of this practice group can act as counselors, negotiators, litigators, and mediators as the case requires. The focus of this group is to achieve an expedient resolution of issues in the most cost-effective manner. For most regulatory issues, that usually means developing creative approaches that avoid litigation. In some situations, however, litigation is the preferred option, or necessitated by circumstances.
Group members are well-versed in the concepts of federal and Virginia administrative law applicable to all agencies. In addition, each member has special expertise with particular agencies. They know the regulations applicable to their specific agency and can speak the regulator’s language. Group members apply their particular area of emphasis based upon their individual experience with specific agencies.
Agencies with which group members have established practices include:
Federal:
Environmental Protection Agency
Army Corps of Engineers
Fish & Wildlife Services
Department of the Interior
Social Security Administration
Occupational Safety and Health Administration
National Transportation Safety Board
Federal Aviation Administration
Virginia:
Department of Labor & Industry
Occupational Safety and Health Program – including VOSH/OSHA audits for our clients to help them avoid the potential risks associated with a VOSH/OHSA inspection
State Corporation Commission
Parole Board
Alcoholic Beverage Control
Department of Professional & Occupational Regulation
Serving as lead counsel, recently put together a Superfund cleanup settlement with EPA involving 91 settling parties. Obtained a favorable cost recovery opinion for a Fortune 500 company in a Rhode Island case, Ashland v. Gar Electroforming, et al.
Our team works with clients to develop strategies that will complement the client’s business plan. Our efforts to develop practical solutions to environmental issues have been successful in the following areas:
Resolution of Superfund and other waste site claims in a cost-effective manner and, frequently, without litigation
Implementation of environmental due diligence for real estate purchases and corporate transactions
Preparation of contract language to reduce environmental liabilities
Resolution of violations of federal, state and local environmental laws and regulations
Management of underground petroleum storage tanks
Development of remediation strategies for improper disposal of solid or hazardous waste
Negotiation of development rights for property with wetlands or Chesapeake Bay Act issues
Revitalization of industrial sites through the Virginia Voluntary Remedial Program for brownfields
Although we encourage you to contact us if you have a legal matter requiring attention, any information you communicate to us by e-mail will not be assumed of confidential treatment until we agree that there is an attorney-client relationship between us. Nor will any communication between us establish such a relationship, unless and until we specially agree to serve as your attorneys, which we will not be able to do if you communicate with us by e-mail in connection with a matter for which we already represent you. You should be aware that the security of Internet e-mail is uncertain. By sending confidential or sensitive e-mail messages which are not encrypted you accept the risks of such uncertainty and possible lack of confidentiality over the Internet.
Although we encourage you to contact us if you have a legal matter requiring attention, any information you communicate to us by e-mail will not be assumed of confidential treatment until we agree that there is an attorney-client relationship between us. Nor will any communication between us establish such a relationship, unless and until we specially agree to serve as your attorneys, which we will not be able to do if you communicate with us by e-mail in connection with a matter for which we already represent you. You should be aware that the security of Internet e-mail is uncertain. By sending confidential or sensitive e-mail messages which are not encrypted you accept the risks of such uncertainty and possible lack of confidentiality over the Internet.