Environmental Permitting and Compliance

Our firm's Environmental Permitting and Compliance lawyers assist clients in acquiring, complying with, and defending federal, state and local environmental permits involving air quality, water quality, hazardous waste, and federal/state lands.

We are experienced in:

  • Performing environmental compliance audits
  • Providing policy and compliance advice on various environmental laws
  • Preparing and reviewing permit applications
  • Negotiating permit terms with regulators
  • Advocating on behalf of clients in agency rulemaking, permitting and enforcement proceedings
  • Advising on legislative and environmental regulatory processes in the Southwest and around the country
  • Performing environmental due diligence in association with business transactions and real estate developments
  • Designing  environmental compliance policies and guidelines for a variety of interests, including for lending institutions and developers

Comprehensive Representation
Our permitting and compliance practice includes air quality, water quality, hazardous waste (RCRA), CERCLA, National Environmental Policy Act (NEPA), Endangered Species Act (ESA), National Historic Preservation Act (NHPA), and Emergency Planning and Community Right-to-Know Act (EPCRA).

Air Quality
Our air quality permitting and compliance experience includes agency policy development, rulemaking, New Source Review, Title V permitting, PSD permitting, minor source permits, State Implementation Plan (SIP) Development, Regional Haze Planning, BART Permits, and Acid Deposition regulation.

Water Quality
On water quality issues, our experience includes NPDES Point source permitting, storm water permits, agency rulemaking, water quality standards development, waste load allocation development, in-stream pollution credit trading program development, Section 401 Water Quality Certifications, effluent reuse permitting, Army Corps Section 404 permits, and Clean Water Act counseling.

Hazardous Waste
Regarding the complex laws related to waste, our experience includes solid waste management and disposal, hazardous waste management and disposal, radioactive waste management and disposal, petroleum contaminated soils, and CERCLA/SUPERFUND compliance and litigation. We also assist clients with issues related to underground storage tanks and asbestos and lead remediation.

Environmental Due Diligence
Our lawyers have led numerous environmental due diligence investigations in connection with a variety of acquisitions, sales, investments and loan transactions. This work has included negotiating extremely complex provisions to mitigate the risk of the environmental issues raised in these transactions, including helping clients acquire environmental insurance coverage.

Our recent Environmental Permitting & Compliance work includes:

  • Conducting internal environmental compliance audits for mines and manufacturers.
  • Defending an aggregate producer who was the subject of coordinated air quality enforcement actions brought by federal, state and local regulatory authorities. 
  • Representing manufacturers, electric utilities and merchant plants in obtaining Title V air quality permits issued by the Arizona Department of Environmental Quality, the Maricopa County Air Quality Department, and Colorado Air Pollutions Control Division. 
  • Assisting a cement plant in obtaining prevention of significant deterioration (PSD) and nonattainment new source review (NSR) permits to expand its operations.
  • Representing trade association to develop nationally recognized rule guidance document in collaboration with local air quality control department.
  • Participating in Arizona and Colorado state and federal regional haze rulemaking proceedings on behalf of major stationary sources.
  • Representing hard rock mining company in federal administrative and judicial proceedings for National Pollution Discharge Elimination System (NPDES) water quality permit authorization and in-state administrative and judicial proceedings to obtain and defend the permit. 
  • Providing guidance with respect to permitting and licensing requirements under NEPA and Underground Injection Control (UIC) program for proposed in situ hard rock mine.
  • Securing air quality permits for a coal mining operation.
  • Providing support and helping ensure compliance with NEPA and other environmental laws for a multi-state electrical transmission project.
  • Providing guidance and helping ensure compliance with FLPMA, NEPA and BLM guidance and policies and other environmental laws for a 300+ mile water pipeline.
  • Securing determinations from EPA and state agencies regarding discrete provisions and applicability of regulatory requirements under the Clean Air Act (NSPS, PSD, MACT, NESHAPS).
  • Providing support and helping ensure compliance with NEPA and other environmental laws with a land exchange between a private landowner and the BLM.
  • Working with technical experts and consultants in the development of reports and opinions regarding client case-related issues and project proposals in order to integrate legal requirements and technical findings and opinions.
  • Representing numerous developers in environmental due diligence and development of "Brownfields sites," including the redevelopment of a former Air Force base, Stapleton International Airport, and a regional shopping center located over a closed municipal landfill; in these transactions, our lawyers encountered and helped clients overcome environmental issues involving wet lands, water contamination, asbestos, hazardous waste, voluntary cleanup plans and much more.
  • Representing numerous clients in connection with investigations of alleged violations of hazardous waste laws and alleged Clean Water Act violations (NPDES and stormwater cases).
  • Representing numerous owners and operators of leaking underground storage tanks in connection with cleanup and obtaining reimbursement of cleanup expenses.
  • Advising a variety of industrial, lending and agricultural interests on compliance with state and federal environmental laws and regulations.
  • Representing clients before Colorado Oil and Gas Conservation Commission on matters such as rulemaking, actions to ban client from operating in Colorado, and enforcement proceedings.
  • Representing clients before State agency in solid waste rulemaking proceedings.
  • Representing clients in State agency policy development to create regulatory requirements for handling and disposal of Naturally Occurring Radioactive Material (NORM) and TENORM.

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