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Environmental laws present complex requirements and hidden risks. Dickstein Shapiro counsels and advises its clients on the environmental aspects of transactions, litigation, and regulatory compliance. Dickstein Shapiro clients include, among others, manufacturers, financial institutions, utilities, and government entities.

The firm structures environmental due diligence in corporate transactions, develops corporate compliance programs, and oversees environmental audits. Dickstein Shapiro attorneys are accustomed to working closely with environmental professionals in analyzing technical issues relating to environmental investigation and remediation; responsible party allocation; permitting, auditing, and compliance; and responding to immediate needs. Dickstein Shapiro provides clients with the experience necessary to resolve issues of potential environmental liability both before and after closing transactions. Among other projects, the firm has initiated a company wide auditing program at facilities around the world, negotiated complicated cost-sharing agreements, carved out potential environmental liability from a number of transactions, shepherded massive multi site energy transactions around potential environmental roadblocks, and assisted in lobbying for changes to make regulation of electric utility units more equitable.

Dickstein Shapiro attorneys have litigated complex environmental cases from pretrial strategy to motions practice to jury trial. The Second Circuit Court of Appeals recently broke new legal ground under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) after briefing and oral argument by firm attorneys. Dickstein Shapiro has succeeded in recovering environmental costs and/or shielding its clients from others’ liability in federal and state courts throughout the country. The firm also has spearheaded litigation on behalf of the state of North Carolina involving environmental impacts on the Roanoke River Basin and was prominently involved in representing plaintiffs in connection with the Exxon Valdez oil spill. Firm attorneys have experience litigating environmental insurance claims, corporate successor and corporate veil-piercing issues, toxic tort cases, cost recovery and contribution actions, claims sounding in contract or tort, and causes of action arising under numerous federal and state environmental statutes.

Here is a more detailed list of just some of the significant areas of Dickstein Shapiro’s environmental law practice:

Transactions

  • Identify and minimize (or eliminate) potential environmental liabilities in transactions 
  • Supervise environmental and occupational safety and health due diligence in the United States and abroad 
  • Draft contract provisions and stand-alone environmental agreements 
  • Ensure compliance with state real-property transfer laws 
  • Provide lenders and borrowers with assistance on environmental issues in the financing context

Potential Liability and Litigation

  • Litigate on behalf of clients in cost-recovery and contribution actions and defend these claims 
  • Defend or prosecute toxic tort, property damage, and personal injury claims arising from toxic exposures 
  • Recover insurance proceeds for multiple contaminated sites 
  • Coordinate and supervise local counsel in national, mass tort, or class action litigation 
  • Litigate under numerous federal or state environmental statutes 
  • Negotiate with PRP (Potentially Responsible Party) Groups and regulators 
  • Respond to CERCLA notice letters from the Environmental Protection Agency and CERCLA claims brought by private parties  

Regulatory Compliance

  • Develop compliance programs, direct management audits, analyze of potential criminal issues, and prepare contingency plans 
  • Provide compliance assistance for managing, operating, permitting, closing, or removing Underground Storage Tanks (USTs) and for creating or updating
  • Spill Prevention, Control, and Countermeasure (SPCC) Plans 
  • Prepare disclosures that minimize or eliminate penalties through use of federal and state audit policies and incorporation of appropriate privileges 
  • Assure compliance with Clean Water Act (including wetlands issues), the Resource Conservation and Recovery Act (RCRA), and other federal statutes 
  • Address legal and liability issues arising from asbestos, PCBs, radon, and other substances in buildings 
  • Direct and oversee compliance with Emergency Planning and Community Right-To-Know Act (EPCRA) 
  • Identify and resolve worker health and safety issues arising under the federal Occupational Safety and Health Act (OSHA) or state analogues 
  • Provide counsel on Clean Air Act provisions, such as New Source Performance Standards, NESHAPS, and ambient air quality

Environmental Permits

  • Direct preparation of legally compliant permit applications and transfers 
  • Prepare agreements between private parties for the provision or sharing of permitted services, including wastewater and air agreements 
  • Negotiate consent decrees and agreements with agencies where permit transfer or amendment is not possible 
  • Analyze compliance issues relating to Clean Air Act Title V issues
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