Whether politicized or real, a myriad of issues that threaten the environment have come into sharp focus during the past decade. Indeed, the debate over who is responsible for protecting and preserving the environment has taken on new prominence in our national and international dialogue.
From a legal perspective, Kilpatrick Townsend believes that the responsibility for regulatory programs that monitor the environment will continue to shift more to state and local government, making competent and effective representation at these levels even more critical.
Kilpatrick Townsend's Environment and Product Regulation attorneys are helping clients meet health, safety and environmental challenges throughout the United States and the world. In addition to experience in almost every state in the nation, our lawyers have worked on international projects in Latin America, Europe, Asia and the Middle East.
Our team provides a full range of business and transactional planning, compliance counseling, and litigation services for our clients. Several of our attorneys have experience working for the United States Environmental Protection Agency, the Department of Justice and various other federal and state regulatory agencies. The Environment and Product Regulation team assists public and private-sector clients in avoiding health, safety and environmental liability and regulatory conflicts through preventive counseling and management of environmental permitting. The team represents clients in defending enforcement actions and in all forms of health, safety and environmental litigation. Our representations frequently involve policy and regulatory matters before state and federal courts and agencies, as well as before the United States Congress and state legislatures.
The team includes professionals trained in engineering, chemistry, biology, the physical sciences and economics, in addition to law, thus combining the legal and technical experience necessary to provide a comprehensive approach to addressing a broad range of matters such as the following:
- Clean Air Act permitting under Title V of the Federal Act and state-specific air quality construction and operating permit programs.
- Negotiating and implementing Brownfields Agreements with state and federal governments.
- Administrative and judicial resolution of regulatory problems arising from federal, state and tribal environmental and health laws, including the Clean Air Act, the Clean Water Act, the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), the Food and Drug Act (FFDCA), the Toxic Substances Control Act (TSCA), Superfund (CERCLA), Emergency Planning and Community Right-To-Know Act (EPCRA), the Safe Drinking Water Act (SDWA), the National Environmental Policy Act (NEPA), the Solid Waste Disposal Act (SWDA), the Resource Conservation and Recovery Act (RCRA), and state versions of these statutes.
- Experience with various state and local environmental statutes and regulations such as the California Safe Drinking Water and Toxic Enforcement Act (Proposition 65), the North Carolina Inactive Sites Act, the Florida Growth Management Act, the New Jersey Spill Compensation and Control Act, the Georgia Hazardous Site Response Act, and various other “mini-Superfund” statutes.
- Representation of individual parties, Potentially Responsible Party groups, and steering committees responsible for hazardous substances sites under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA/Superfund) and equivalent state programs.
- Performance of environmental due diligence investigations necessary for business mergers and acquisitions; the purchase, sale or lease of real property; and public and private debt financing.
- Clean Water Act permitting and modification of water quality standards.
- Development and implementation of programs for watershed management and effluent trading.
- Representation of companies and trade associations in federal and state rulemaking proceedings, including drafting comments, negotiations and related litigation.
- Resolution of regulatory issues and controversies arising from natural resources usage, including NEPA/SEPA documentation, endangered species, essential fish habitat, timber management, and wetlands and stream permitting and mitigation.
- Representation of policyholders in negotiations and litigation to obtain insurance coverage for environmental damages.
- Recovery of costs from remediation of contaminated properties.
- Counseling in international environmental matters.
- Advice on the implications of, and strategies for complying with, the ISO 14000 environmental management standards.
- Defense of toxic tort and related claims.
- Development of product stewardship programs to address multiple regulatory and product liability challenges.
As responsibility for regulatory programs has shifted more to state and local government, our attorneys have represented clients in administrative and enforcement matters before health, safety and environmental and natural resources agencies in almost every state in the nation.
- Environmental Litigation
Firm attorneys assist public and private-sector clients in avoiding health, safety and environmental liability and regulatory conflicts through preventive counseling and management of environmental permitting. The team represents clients in defending enforcement actions and in all forms of health, safety and environmental litigation. Our representations frequently involve policy and regulatory matters before state and federal courts and agencies, as well as before the United States Congress and state legislatures. Clients include businesses and trade associations involved in chemical manufacturing, textiles, metal casting, metal finishing, furniture manufacturing, forest products, glass and fiberglass manufacturing, mining, transportation engineering, hazardous waste management, electronics, residential and commercial development, food and beverages, banking, construction equipment manufacturing, packaging, environmental consulting, production and distribution of oil and gas products, and state and local governments.