Environmental Law

Manufacturers and energy companies, industrial and “brownfield” developers, commercial and residential developers and contractors, individuals and businesses acquiring or selling real estate, as well as construction and land use attorneys, face a myriad of environmental legal matters and issues. Those matters and issues may include consummating deals with environmental challenges: federal, state and local environmental permitting and compliance; dealing and negotiating with federal, state and local environmental agencies; prosecution of environmental claims; defense of environmental enforcement and other environmental claims; workplace health and safety; and changing environmental policy through legislation or regulations. PK Law’s Environmental Group can assist clients with assessing issues, addressing problems, compliance with regulatory agencies and in the event necessary, legal defense of alleged environmental violations. The Group’s industry experience includes: industrial and commercial real estate and development; renewable and non-renewable energy; transportation; petroleum; manufacturing; steel; chemicals; retail; residential and recreation; water and sewer; municipalities and education. In assisting clients in these various industries, the Group understands the need to balance environmental compliance with the need to make good business decisions to ensure the efficient and profitable operation of a business. The Group also has the ability to offer services efficiently and at a very competitive rate – giving many clients an opportunity to enter into deals and develop property they may not otherwise be able to do.

PK Law’s Environmental Group can assist with:

• corporate and real estate transactions involving environmental issues, including, structuring the deal for protection from environmental risks, environmental due diligence, drafting environmental provisions in agreements, negotiating with buyers and sellers, negotiating with federal, state and local environmental agencies, advising on mergers, acquisitions, dispositions and financing; and, assessing environmental risk exposure.
• counseling regarding compliance with all federal, state and local environmental regulations and statutes, including the National Environmental Policy Act, Clean Air Act, Clean Water Act, Solid Waste Disposal Act, the Resource Conservation and Recovery Act (RCRA), the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), and the Natural Gas Act, among many others.
• coordination and negotiation with the U.S. Environmental Protection Agency (EPA), the Occupational Safety and Health Administration (OSHA), the U.S. Department of Justice (DOJ), state agencies and their individual bureaus, appeals boards, specialty agencies, and state attorneys general;
• prosecuting claims of environmental harm under environmental statutes and traditional causes of action on behalf of clients;
• defense of clients in civil, criminal and administrative cases involving enforcement of alleged violations of statutes and regulations; permitting; government cost recovery; contractual indemnification; private-party cost recovery; citizens’ suits; class actions and appeals.
• advising on permit compliance and noncompliance incidents, self-disclosure reporting obligations; environmental crisis management and response;