We help clients achieve and maintain compliance with the plethora of current regulatory requirements, as well as to plan for new regulations that may impact their businesses. Our clients range from multibillion-dollar companies to small entrepreneurs. We have extensive experience in hazardous and solid waste, as well as in air, water, wetlands and natural resources, Right-to-Know, FIFRA, TSCA, endangered species, NEPA and other environmental programs. We design and implement company-wide compliance audit programs, advise clients regarding wetlands permitting, compliance and mitigation, and provide counsel with respect to all aspects of waste disposal.
We also have significant experience representing the solid waste industry on issues including legislative initiatives, litigation, regulation, siting landfills, negotiating host fees and day-to-day operation. Our lawyers help clients take full advantage of state and federal laws favoring the redevelopment of Brownfields.
Our experience on regulatory and compliance matters include:
- Developed a successful strategy for a client to oppose substantial development of pristine forest that would have resulted in degradation of downstream water in various reservoirs used to deliver water to consumers
- Successfully litigated against the Federal Emergency Management Association (FEMA) to contest floodplain requirements
- Conducted a full-facility environmental audit of a major petroleum refinery in New Jersey, evaluating several hundred areas of state and federal compliance
- Worked with environmental consultants on conversion of an industrial site to a retail store, coordinating oversight of the local county board of health, the state department of environmental conservation and other regulatory bodies
- Defended clients against allegations of unauthorized fill activities in wetlands under Section 404 of the Clean Water Act
- Negotiated a number of novel permits, including a NPDES permit with a multi-year compliance schedule to permit installation of new technology to meet acute biotoxicity standards, and a plant-wide applicability limit (PAL) that covered only one category of sources at a facility, without triggering new source review, and a Title V and new source review in the city of Philadelphia with NOX and VOC trading
- Represented clients in the consultation process between U.S. Fish and Wildlife, EPA and the Corps of Engineers under the National Endangered Species Coordination Act
- Convinced the state agency to accept RACT as the control strategy when HAP emissions exceeded previously established limits, and negotiated a compliance schedule and settlement with full credit for self-reporting
- Assisted a major home-building organization in its response to proposed state wetlands legislation favored by environmental groups
- Negotiated timely review and approval by the state agency of a Removal Credit Application, allowing the client to achieve compliance with new source performance standards by indirect discharge to the POTW instead of building its own wastewater treatment facilities
- Negotiated six multistate and federal agency consent orders to resolve alleged wetland violations resulting from the installation of a 250-mile optical fiber transmission line