Environmental | Rath, Young and Pignatelli

Environmental

Many of our attorneys started their careers in public service, and have deep experience with drafting or enforcing environmental laws. We are involved in cutting-edge issues emerging in the environmental arena. Our environmental group is recognized as a leader in representing clients before state and federal environmental agencies, and we use our reputation for integrity to our client’s advantage to achieve practical and effective results.

Compliance and Enforcement

Successfully defended a small business client against an EPA enforcement matter involving an inadequately drafted Spill Prevention Control and Countermeasure Plan. Preserved business relationships by involving responsible stakeholders early in the defense and thereby avoided litigating contribution claims. Advised client, post-spill, concerning remediation obligations.

Environmental Due Dilligence

Advise renewable energy clients on how to successfully conduct an All Appropriate Inquiry before it acquires an interest (leasehold or otherwise) in real estate. Advise of defenses to liability under CERCLA and state laws and guide clients through complex local, state, and federal environmental laws that may be triggered by the purchase or development.
Ongoing advice to a national solar development company on due diligence necessary to meet the All Appropriate Inquiry standard for Bona Fide Prospective Purchaser defenses to environmental liability under CERCLA, RCRA, and various state liability laws, in connection with the acquisition of solar projects located throughout the U.S.
Reviewed multiple Phase I and Phase II Environmental Site Assessment (ESA) Reports as part of due diligence in advance of the acquisition of an investor owned utility with more than 200 parcels of land and advised as to the consequences to the transaction of potential Recognized Environmental Conditions (“RECs”).
Reviewed environmental permits, approvals, conditions and ESA Reports as part of the environmental due diligence in the acquisition by a Canadian investor of several hydro projects located throughout the Northeast to maximize defenses to environmental liability.

Contaminated Property Redevelopment

Support renewable energy developments on Brownfields by conducting timely and extensive due diligence reviews. Advise clients on complex local, state, and federal regulatory requirements and help eliminate barriers to redevelopment.

Land Use, Project Planning and Permitting

SEC and LERC (CGW)

Provided cost-effective advice to client group abutting an extensive Alteration of Terrain project. Represented the client group in an appeal before the State Water Council and helped the efficient resolution of factual and legal issues.

Professionals