Overview
The depth and scope of our environmental law practice is based on our familiarity with a wide range of industries, our comprehensive understanding of the regulatory process and our proven ability to assist clients in meeting future challenges and planning for long-term environmental compliance. Stinson's environmental lawyers navigate the complexities of permitting, advise in transactions to identify and mitigate environmental risks and operational delays, defend against enforcement proceedings and third-party claims and litigate environmental claims across the full range of major and emerging environmental laws at federal, state and local levels. Our experience is rooted in our representation of businesses and government entities in key industry sectors nationwide, including energy, public utilities, agriculture, mining, industrial, chemical, manufacturing, real estate development and finance.
We also have depth in helping our clients protect natural resources, working with them to mitigate impacts and resolve natural resource damage (NRD) claims under the Clean Water Act, Oil Pollution Act, and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) if and when they arise. Our attorneys work with clients throughout every step in the process, through preliminary and formal NRD assessments to administrative or judicial forms of relief as may be necessary.
Regulatory Compliance
We leverage in-depth understanding of the Environmental Protection Agency (EPA), U.S. Fish and Wildlife Service (USFWS), U.S. Army Corps of Engineers (USACE) and state environmental agencies to ensure compliance with all applicable regulations in rural and urban settings covering situations as divergent as agricultural operations to high-tech data centers. We navigate brownfields redevelopment projects, negotiate complex real estate and zoning permitting issues, assist with mining and mineral management operations, and participate in crafting significant environmental legislation and regulations to keep our clients compliant with state, federal and local environmental laws.
Enforcement Defense
Our environmental attorneys have extensive experience defending actions brought by federal and state environmental and natural resources agencies. Effective enforcement defense requires in-depth knowledge of our clients' businesses, as well as the agencies' practices and procedures that can be leveraged to resolve complex issues. We strive to learn the physical and operational details enabling us to effectively counter agency allegations and to establish strong, defensible positions. We have also defended citizen-initiated suits brought under environmental laws. We understand these actions require a different approach and have assisted clients in working with citizens and agencies upon receipt of a Notice of Intent. Our attorneys are skilled in developing and implementing corrective actions, negotiating to reduce or eliminate penalties and coordinating defense against potential cleanup liabilities.
Transactional
Our environmental attorneys have a significant role in transactions – either for seller, purchaser or merging entity—working closely with our Corporate Finance, Private Business and Real Estate Divisions. Our transactional experience includes knowledge on a wide range of industries, from agricultural and energy to telecommunications, manufacturing and commercial redevelopment. By understanding our clients' transactional objectives and future plans for the business—whether it is to maintain the status quo or redevelop and expand operations, or to sell the assets and minimize post-transaction environmental liability—Stinson attorneys have the experience and foresight necessary to allow our clients to proceed with transactions while managing environmental risks. When facts necessitate, our attorneys also assist new owners with remedying potential noncompliance through self-disclosures and/or development of compliance systems. In addition, because of our familiarity with the businesses gained during the transactions, our environmental attorneys commonly remain involved with post-transaction environmental counseling, permitting, self-audits and disclosures, and regulatory compliance.
Litigation
We blend relevant government experience, deep industry knowledge and keen understanding of environmental regulations to strategically represent our clients in complex environmental litigation. Our team handles cases concerning climate issues, hazardous and chemical waste disposal and storage, resource extraction, air and water pollution, and exposure to toxic substances.
Our attorneys also represent clients in a broad array of Administrative Procedure Act challenges, as well as toxic tort, nuisance, and insurance coverage and hydraulic fracturing litigation. We have represented clients in cost recovery and contribution actions under CERCLA and state laws, as well as proceedings stemming from Resource Conservation and Recovery Act, Clean Air Act, Clean Water Act and other environmental laws and regulations.
Our powerful combination of historical enforcement perspectives, litigation and trial experience, and administrative proceedings provide companies the legal resources they need to manage enterprise-wide environmental compliance and litigation.
