Environmental Compliance and Permitting - Obtaining facility permits for a specialty steel manufacturer and providing legal advice for closure of regulated hazardous waste management units, including corrective action.
- Obtaining major facility permits for solid waste landfills and transfer stations and providing legal advice for facility closure.
- Assisting manufacturing facilities to obtain variances from major facility permitting requirements under the Clean Air Act.
- Conducting reviews of industrial clients’ operations and environmental practices, and developing recommendations for ongoing compliance under all regulatory programs.
- Advising petroleum tank owners of their responsibility for tank registration and compliance.
Corporate Transactions, Financing Transactions and Real Estate Development - Assisting clients in closure of business units and locations in business divestitures and acquisitions.
- Guiding developers through New York’s SEQR process, including obtaining local land use approvals and resolving siting issues.
- Representing parties in cell tower placement, approval and pre-emption matters.
- Assisting financial institutions in evaluating environmental risks associated with loans, workouts and the negotiation of contractual protections.
- Conducting environmental due diligence on behalf of clients, including the evaluation of environmental risks in purchasing and leasing hundreds of sites in 15 different states.
- Developing and implementing an environmental self-evaluation program for a manufacturing and storage business in preparation for the sale of the business to a multi-billion dollar company.
- Negotiating leases, purchase and sale contracts, and environmental responsibility agreements in connection with property and business acquisitions.
Brownfields Redevelopment - Representing developers in the investigation and remediation of sites under New York’s Voluntary Cleanup Program and Brownfields Cleanup Program.
- Representing municipalities in Brownfields redevelopment projects under the Environmental Restoration Program.
- Assisting developers in environmental due diligence, project evaluation, land use approvals and tax credit review on Brownfields projects.
Environmental Litigation and Other Disputes - Representing plaintiffs and defendants in complex federal and state Superfund actions. We currently represent a private company seeking $20 million in cost recovery from responsible parties at a former landfill site.
- Serving as lead counsel for heavy metal manufacturers in defending claims that plaintiffs' exposure to certain heavy metals in an industrial setting had activated or aggravated their asymptomatic neuro-muscular disease.
- Acting as regional liaison counsel for insurers and manufacturers in defense of more than 300 asbestos-related personal injury and wrongful death actions.
- Representing a municipality in its oversight of an application to build a large mine, including negotiation of government permits, environmental protection, host benefits and financial issues.
- Representing a contractor in its defense of plaintiff’s claims that the negligent design and installation of an HVAC system caused multiple chemical sensitivity syndrome.
- Representing parties in petroleum discharge cases, including both defense and prosecution of actions for remediation costs arising out of leaking underground storage tanks. For example, we currently represent a property owner seeking up to $1 million in petroleum remediation from former owners of a site where gasoline storage tanks have leaked.
- Representing a variety of private and municipal clients in negotiations with EPA and DEC with regard to liability, cost-sharing, and remediation at a number of hazardous waste sites.
- Assisting in the defense of a major insurance company in multi-party, multi site environmental coverage litigation.
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