Compliance and Environmental Permitting
Our Compliance and Environmental Permitting team advises on the most substantive issues affecting air, water, and climate regulation. We guide clients through permitting, compliance counseling, investigations, and enforcement, working closely with regulators and stakeholders to secure practical outcomes. Our experience spans Clean Air Act programs for stationary and mobile sources (NSR/PSD, NESHAP/MACT, GHG, CAFE, ZEV), Clean Water Act matters (NPDES, wetlands, stormwater, pretreatment, WQBELs, CZMA), and risk management under SPCC, SDWA, and climate frameworks including emissions trading and GHG credits. We help clients obtain and defend critical permits for industrial, energy, and infrastructure projects worldwide, ensuring a strong record to support favorable terms and challenging adverse decisions. When disputes arise, we represent clients in litigation, enforcement defense, and regulatory advocacy.
Incident Response, Workplace Safety, Investigations and Auditing
Our Incident Response and Workplace Safety team provides immediate, experienced support when crisis strikes and helps clients prepare for the unexpected. With former regulators, prosecutors, litigators, and industry leaders, we deliver on-the-ground guidance to coordinate with first responders, preserve evidence, manage reporting, and engage effectively with regulators, media, and stakeholders. We focus on mitigating response costs, fines, and reputational harm while securing safety and maintaining operational stability. Beyond the initial event, whether fires, explosions, chemical releases, or industrial accidents, we counsel clients through investigations, enforcement actions, remediation, disputes, and insurance recovery. Our proactive planning services include risk assessments, simulations, and response plans that strengthen resilience and reduce liability. From crisis through long-term recovery, we provide steady counsel to safeguard businesses, people, and the environment.
Environmental Litigation
We represent clients in litigation matters governed by the environmental laws in courts and before agencies across the United States involving:
- Civil and criminal enforcement actions
- Cost recovery and contribution actions
- Rulemaking challenges
- Toxic torts
- Citizens suits
- Product liability
- Permit appeals
- Water permit and allocation suits
We leverage the deep knowledge of our environmental attorneys on the substantive laws and regulations to develop the most effective litigation strategies and defenses. We team up with our nationally recognized civil and criminal trial litigators and our toxic tort, U.S. class action, and appellate practitioners to cover all aspects of complex litigation.
Our team advises on environmental issues in high-stakes commercial transactions, including mergers, acquisitions, real estate, financings, and portfolio sales. We negotiate key provisions under tight deadlines – representations, warranties, indemnities, and escrow agreements – while coordinating with consultants on Phase I/II assessments, compliance audits, and liability quantification. We secure defenses to liability, transfer permits, and help clients assess and procure environmental insurance policies.
A hallmark of our practice is hands-on collaboration with clients and consultants to develop cost-effective remediation strategies. We manage complex site matters involving CERCLA, RCRA, Brownfields, and oil spill programs, ensuring compliance while minimizing liability. Our lawyers have served as both trusted advisors and project managers on multiyear, multimillion-dollar remediation projects, guiding clients to flexible, protective, and commercially practical outcomes.
Greenwashing
As sustainability commitments and ESG disclosures grow, so too does the scrutiny around “greenwashing.” Companies face increasing legal, regulatory, and reputational risks when environmental claims are overstated, misleading, or unsupported. Regulators worldwide, including the FTC, SEC, EPA, EU, and state attorneys general, are ramping up enforcement, while NGOs and private plaintiffs pursue consumer protection, securities fraud, and false advertising claims. Our team helps clients navigate this evolving landscape by reviewing marketing and disclosure practices, advising on compliance with green claims guidelines, and defending against investigations and litigation. We combine deep knowledge of environmental law with practical, cross-border experience to mitigate risk while supporting credible, science-based sustainability strategies.
Indigenous and Tribal Project Development
The goal is to secure for Native Americans and their allies the economic benefits of appropriate development. We have helped with the licensing of clean energy generating station on tribal land, the transfer to Indian ownership of a coal mine on its lands, the enhancement of a tribal fishery through removal of antiquated flood control facilities, tribe’s financing and acquisition of valuable second-growth forest lands, and negotiation of permits for traditional native uses within National Parks. Our capabilities are broad: air and water issues, environmental audits, enforcement matters, contaminated land liabilities, product safety controversies, waste management and disposal, hazardous and toxic substances, natural resources and species, toxic tort claims, and more. No matter the challenge, whether planned or urgent, we understand your needs and deliver creative, commercially focused solutions.