Natural Resources & Manufacturing

Environmental compliance and permitting

The Natural Resources & Manufacturing Industries Team has extensive experience in all aspects of compliance risk management, permitting and litigation of environmental laws.

Specific topic expertise includes:

Compliance counseling and preventative law
Compliance management systems reviews

Enforcement and criminal defense

In-house investigations and auditing

Permitting

Mandatory and voluntary reporting

Transactional due diligence

Management and employee training

Site investigations and remediation

Suspension and debarment

In-depth knowledge of the following federal, state and local laws affecting air, water, hazardous and toxic substances guides the team’s approach.

Clean Air Act (CAA) Areas of Emphasis

Prevention of Significant Deterioration (PSD) and New Source Review (NSR) permitting
Defense of PSD/NSR enforcement at federal, state and local levels
Title V permitting and certifications
New Source Performance Standards (NSPS) permitting and defense
Notice of Construction (NOC) permitting and defense
Risk Management Plan (RMP) compliance
Noise and odor compliance

Clean Water Act (CWA) Areas of Emphasis

National Pollutant Discharge Elimination System (NPDES) permitting
Pretreatment permitting
Storm water permitting
Safe Drinking Water Act (SDWA) compliance
Oil Pollution Act (OPA) compliance
Groundwater contamination remediation
Shoreline management
Defense of CWA enforcement actions
Wetlands
Water rights

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund) and State Counterparts

Hazardous and toxic waste
Site investigation and remediation
Potentially responsible party (PRP) identification and defense
PRP liability negotiation
Brownfield development
Insurance coverage prosecution

Hazardous and Toxics Waste Under the Resource Conservation and Recovery Act (RCRA) and State Counterparts

Permitting
Enforcement defense
Site investigation and remediation

Endangered Species Act (ESA)

Emergency Planning and Community Right to Know Act (EPCRA)
Sections 311, 312 and 313 (SARA Title III) compliance and reporting

Toxics Substances Control Act (TSCA)

PCBs compliance
Pre-manufacturing Notification (PMN) under TSCA
Human health risk reporting

Federal Wildlife Protection Laws

Migratory Bird Treaty Act (MBTA)
Bald and Golden Eagle Protection Act (BGEPA)

National Historic Preservation Act (NHPA)

Section 106 Process
Federal Communications Commission (FCC) National Programmatic Agreement
Tribal Consultation

Compliance Management and Government Investigations

Development and implementation of comprehensive compliance management systems (CMS) Audit
Training for management and employees
Counseling and litigation expertise to companies involved in major governmental investigations
In-house investigations
Response to search warrants and subpoenas
Overseeing discovery responses
Preparing and debriefing experts and grand jury witnesses
Negotiating settlements and overseeing outside counsel
Voluntary disclosure of noncompliance