We regularly assist clients with the development and implementation of environmental compliance initiatives ranging from facility-specific environmental programs to company-wide environmental management systems. We focus on timely, cost-effective solutions, including the identification of all requirements, alternative approaches for compliance, internal environmental audits, the defense of criminal and civil enforcement proceedings, facility permitting and siting, and the handling of any administrative proceedings and appeals process to further a client’s goals.
Our compliance assistance, defense of enforcement proceedings, and administrative proceedings involving state and federal environmental requirements encompass the following:
- The Federal Clean Air Act and related state programs – compliance with emission standards and regulatory requirements for major and minor stationary sources and hazardous air pollutants; the registration and marketing of emission reduction credits; consent order negotiation and settlement of enforcement proceedings; and greenhouse gas regulations
- The Federal Clean Water Act and related state programs – applications for, and modifications to, state and federal discharge permits for point source and non-point source discharges and toxic water pollutants; storm water pollution prevention plans; and discharge compliance
- The Toxic Substance Control Act (TSCA) – applications for Environmental Protection Agency (EPA) approval relative to the manufacturing of chemicals; labeling requirements and warnings; TSCA inventory and information disclosures; and the protection of confidential and proprietary information
- The Resource Conservation and Recovery Act (RCRA) – compliance with regulations governing the generation, treatment, storage and disposal of hazardous wastes; permits to operate hazardous waste and solid waste management facilities; and the implementation of corrective action requirements
- New York State solid waste generation, handling, transport and disposal laws; construction and demolition debris, recycling and beneficial use determination
- State and federal underground and aboveground storage tank regulations – the registration, testing and closure of tanks and storage facilities
- Compliance with local land use, zoning and licensing requirements for industrial and commercial activities
- State and federal asbestos regulations – asbestos identification, notifications and abatement requirements; OSHA and air emission requirements; and asbestos inventory and management plans
- State and federal hazardous substance and petroleum reporting requirements – community and worker right-to-know requirements, air and water release notifications, petroleum spill notifications and reportable quantity assessments
- State and federal requirements for Real Property Transfers – ASTM Standard and Innocent Purchaser Defense requirements, and federal and state permit transfer and notification requirements
- State and federal requirements for voluntary disclosure – assessment of state and federal regulatory requirements and compliance; development and presentation of voluntary disclosure; assessment of enforcement policies and penalty mitigation
Significant environmental case highlights:
- Represented a FORTUNE 500 company in environmental regulatory matters, including wastewater discharges, hazardous substance and petroleum releases/spills and RCRA matters. The firm has also represented a subsidiary in matters involving investigation, cleanup, permitting compliance and enforcement activities at a former nuclear processing facility.
- Represented a FORTUNE 500 life-sciences company on an array of environmental regulatory matters, including process wastewater and storm water discharge permitting matters. Our work included administrative record development, compliance counseling and negotiations with relevant administrative agencies; Clean Air Act permitting, enforcement and compliance counseling, including Title 5 matters, NESHAP (MOCM) enforcement, monitoring, notification of construction, compliance reporting and related EPA and New York State Department of Environmental Conservation (NYSDEC) administrative permitting and enforcement matters.
- Represented a major chemical company on the siting and permitting of an energy-from-waste facility.
- Represented steel and alloy recycling operations across New York with respect to siting, permitting and regulatory compliance.
- Represented a FORTUNE 500 integrated steel manufacturer relative to its coke ovens, bar mill and galvanizing operations with respect to Title 5 permitting (primarily, NOX, SO2, benzene); EPA and NYSDEC enforcement; and a wide variety of air pollution control matters.
- Represented an energy company relative to Title 5 and PSD determinations and enforcement, with respect to plant expansion; additions of and modifications to equipment, and relative to common control determinations for permitting purposes (involving EPA and NYSDEC).
- Represented a number of businesses and facilities relative to Title 5 enforcement proceedings involving tracking, reporting, operational flexibility and record keeping (involving NYSDEC).
- Represented a number of businesses and facilities relative to Title 5 enforcement proceedings involving exceedances of capping requirements, miscalculations of emissions and exceeding permit limits (involving NYSDEC).
- Represented a company regarding a NYSDEC Bureau of Environmental Crimes and District Attorney investigation and raid concerning waste disposal activities and wastewater discharges to a creek.
- Represented a company regarding an FBI, EPA, NYSDEC and U.S. Attorney criminal investigation and raid concerning wastewater discharges to municipal sewers and hazardous waste storage.
- Represented a company regarding a NYSDEC and EPA investigation and raid concerning an alleged unpermitted air emission source and hazardous waste disposal.
- Represented a company regarding an EPA, NYSDEC, FBI, DOE and U.S. Attorney investigation and raid concerning hazardous waste storage and labeling.
- Represented a company regarding a state attorney general, NYSDEC and OSHA investigation and raid concerning worker health and safety, hazardous waste management, air emissions and indoor air contaminants.
- Represented a company regarding whistleblower criminal allegations with respect to air emissions, operations and control equipment, in concert with NYSDEC and EPA investigations.
- Represented a company regarding NYSDEC, EPA and U.S. Attorney criminal allegations with respect to asbestos removal, air emissions and worker safety.
- Represented a company regarding the Clean Water Act and RCRA criminal allegations, with respect to outdoor storage of materials and surface water runoff.