The firm’s environmental practice pairs its vast regulatory knowledge with first-rate transactional and litigation capabilities to help businesses comply with environmental regulations while avoiding pitfalls that can sink business growth. Our transactional and regulatory services include representation in corporate and real estate transactions, solid and hazardous waste landfill regulation, air quality regulation and general regulatory compliance. Neal Gerber Eisenberg is highly ranked in U.S. News-Best Lawyers’ “Best Law Firms” survey within Environmental Law.
Due Diligence & Compliance Counseling
Environmental risks and liabilities can undermine any corporate or real estate transaction. Due to the often hidden nature of such risks and the seemingly unlimited potential liability for cleanup costs, as well as the negative consequences of owning and operating a contaminated property or facility, environmental issues can kill a good deal or impair the ability to finance a transaction. Our environmental attorneys work to ensure smooth and timely deals.
Through environmental site assessments, compliance audits and other types of due diligence review, we identify environmental risks and offer solutions. We provide valuable insight to our clients by determining the appropriate level of due diligence in any transaction, engaging environmental consultants when needed, drafting and negotiating contract language to allocate responsibility, and overseeing pre-closing or post-closing corrective action and compliance projects. We also guide clients in devising strategies and policies to facilitate future compliance with environmental laws and regulations.
CERCLA/Superfund
Since its passage in 1980, the federal Superfund law (officially the Comprehensive Environmental Response, Compensation and Liability Act, or “CERCLA”) has caused confusion and fear in the business and legal community. The statute is widely known for targeting a priority list of Superfund sites identified by the EPA for investigation and cleanup. But CERCLA also created potential joint and several, retroactive liabilities across all industries that use, store, generate, transport or dispose of hazardous substances, as well as property owners, operators, tenants, lenders and shareholders, among others.
In addition to cost recovery and contribution claims pursued or defended in court, our attorneys help navigate clients through the CERCLA liability scheme and evaluate the risks presented by any particular fact circumstance or transaction. We counsel on all stages of the Superfund process, from EPA information requests to allocations of responsibility between potentially responsible parties (PRPs). We also handle federal administrative enforcement actions, including the representation of small and large PRPs in government negotiations at a multitude of Superfund sites and oversee investigative and remedial actions designed to clean up these sites and eliminate threats to health and the environment.
Clean Air Act, Solid and Hazardous Waste & Other Regulatory Program
Most environmental laws are supported by complicated sets of regulations, which can be confusing and overwhelming to even the most savvy businesses. These laws and regulations are interpreted and enforced by multiple layers of government agencies at the federal, state and local level, often resulting in inconsistent or overlapping requirements on the regulated community.
Our firm works with companies and agencies in connection with air and water permits, RCRA permits, underground storage tank requirements and general compliance issues that arise under all types of regulatory schemes. When enforcement becomes necessary, we defend our clients vigorously, and when appropriate, we work with government officials to negotiate penalties, compliance schedules or other methods of achieving compliance.