Environmental Regulation

Kelley Drye advises clients in regulatory matters and transactions, capitalizing on our industry knowledge, environmental experience, and familiarity with the way key risks can evolve into litigation or enforcement actions.

We draft, analyze, and negotiate environmental indemnity and assumption provisions in a multitude of contexts. Additionally, our attorneys provide environmental and other due diligence analysis for companies contemplating sales and acquisitions. We are able to provide our clients with critical investigative and risk analysis for these important business decisions.

On the operational side, our lawyers assist with permits for construction and operation of new air sources, wetlands and water quality certifications, and pipeline construction authorizations, among others. Our experience also extends to counseling clients subject to enforcement under the Clean Water Act and Oil Pollution Act arising from leaks and spills.

The attorneys at Kelley Drye combine legal experience, practical knowledge, and technical ability to assist clients in effectively navigating an often-complex regulatory process.

Environmental practitioners at Kelley Drye provide the full range of regulatory representation to both private- and public-sector clients. Our regulatory attorneys routinely counsel clients on applicability of regulatory requirements, compliance assurance, release reporting and spill response.

Kelley Drye helps clients evaluate the need for obtaining permits and, when needed, in securing permits for air emissions, wastewater discharges, and waste generation and disposal. We provide representation in negotiations with federal and state agencies in remediation, permitting, and enforcement matters and in stakeholder proceedings, including submission of formal comments to agency rule making.

We work proactively with our clients to minimize environmental risks and maximize practical solutions, including ascertaining relative responsibilities with other responsible parties and governmental agencies and preserving our clients’ rights and privileges in the event of future litigation.

We have assisted many clients with developing compliance assurance measures such as audit programs, greenhouse gas (GHG) and other air emissions inventories, preparedness plans for agency inspections, emergency response protocols, due diligence and compliance checklists, and environmental management systems.

Unaddressed environmental risks can often lead to penalties or enforcement actions. Our attorneys have the depth of experience to provide strong representation at penalty conferences and administrative hearings and in negotiating consent decrees and administrative settlements. By addressing environmental incidents early and aggressively, we seek to limit our clients’ future costs and exposure. Because of our extensive environmental litigation experience, we know the issues that can arise later in litigation. With this knowledge, we can help clients avoid potential pitfalls and best position themselves during the regulatory process in the event of later litigation.

In addition to representing clients in environmental regulatory and litigation matters, our attorneys represent clients in efforts to limit or avoid exposure to environmental problems associated with business transactions.

Environmental laws and regulations assign environmental liabilities based on the ownership of land and operation of commercial and industrial facilities. Businesses must factor environmental considerations into their transactions and operations.

Because our attorneys regularly litigate environmental matters, we see firsthand the issues that could be avoided or mitigated with proper due diligence and environmental risk management. We have represented a wide variety of clients, including real estate developers, landlords and tenants, manufacturers, governmental agencies and institutional landowners, in transactions involving contaminated properties.

The attorneys at Kelley Drye negotiate and facilitate mergers and asset sales and purchases of businesses with environmentally impacted properties or environmentally sensitive operations. The firm’s attorneys have particular experience in property transfer issues, easement and leasehold negotiations, sale and leaseback arrangements, indemnity protections, and the negotiation and administration of property cleanup and remediation agreements.

We also work through the due diligence process, including evaluation of Phase I and Phase II reports or other site assessments, and review of permits, operational data and agency records, to ensure all appropriate inquiries are conducted and that transactions are structured to account for environmental liabilities. Similarly, our attorneys work with our clients to develop and implement contractual and regulatory safeguards to environmental risk, including environmental indemnities and warranties, cleanup and remediation agreements, and environmental insurance, as well as participation in state voluntary cleanup programs and federal Brownfields initiatives.

In sum, at Kelley Drye, we strive to provide our clients with environmental counsel and guidance over the life of a transaction or business that adds substantial value and reduces long-term operational costs and liabilities.