Our cross-departmental Environmental & Administrative Law Practice Group provides clients with the breadth and knowledge necessary to address their varied issues presented by federal, state or local government requirements as well as challenges from situations arising from private parties such as cost recovery claims.

The Environmental & Administrative 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, both 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 the resolution of issues in the most cost-effective manner. For most regulatory issues, that usually means avoiding litigation if possible. 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 on particular agencies. They know the regulations applicable to their specific agency and can speak the regulator’s language. Group members chose their particular specialities based upon their individual experience with those 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
• State Corporation Commission
• Parole Board
• Alcoholic Beverage Control
• Department of Professional & Occupational Regulation
• Department of Aviation
• Board for Accountants
• Board for Contractors
• Real Estate Commission
• Department of Health Professionals
• Board of Nursing
• Board of Medicine
• Board of Dentistry
• Board of Pharmacy
• Board for Funeral Directors
• Marine Resources Commission
• Department of Environmental Quality
• Department of Games & Inland Fisheries
• Department of Historic Resources
• Department of conservation & Recreation
• Department of Transportation
• Department of Health
• Department of Mines, Minerals & Energy

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
• Creation of wetlands mitigation banks
• Issuance of new and revised environmental permits
• Overturn revocation of pilot and aircraft mechanic certifications by Federal Aviation Administration
• Pursued claims for attorneys’ fees and expert costs under Equal Access to Justice Act
• Prevented revocation of Class A Contractor’s License by Virginia Department of Professional and Occupational Licensing
• Reduced proposed sanctions against a national insurance brokerage firm sought by the Virginia Bureau of Insurance
• Obtained reinstatement of wholesale beer distribution franchise by Virginia ABC Board when the brewery had terminated the franchise in bad faith
• Negotiated with Office of the Attorney General to withdraw ABC Board’s serious charges accusing a licensee of having gambling devices on site
• Litigated a Department of Labor & Industry citation of “willful” violation with a $50,000 fine - reduced citation to “unspecified” with a $5,000 fine
• Negotiated “willful” and “repeat” violations with $550,000 fine proposed by the Virginia Occupational Safety & Health Program - reduced citations to serious with a $10,000 fine.