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Capabilities / Environmental

Environmental

Balancing environmental law and business needs.

Our nationally recognized Environmental law team provides efficient, cost-effective representation to companies in the energy, chemical, agricultural, mining, manufacturing, transportation and real estate industries. Our creative yet practical solutions protect our clients’ right to operate, meet their customer expectations and advance their business interests. 

We assist clients with strategic counsel on compliance, permitting, product safety, remediation, liability management and litigation, including defense of enforcement actions related to federal and state environmental laws. Additionally, our environmental law attorneys often serve as national environmental counsel for clients.

Our compliance guidance to clients includes federal and state environmental laws such as:

  • Clean Air Act 
  • Clean Water Act
  • Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
  • Endangered Species Act 
  • Federal Insecticide, Fungicide and Rodenticide Act
  • Mine Safety and Health Act (MSHA)
  • National Environmental Policy Act (NEPA)
  • Occupational Safety and Health Act (OSHA)
  • Resource Conservation and Recovery Act (RCRA)
  • Surface Mining Control and Reclamation Act (SMCRA)
  • Toxic Substances Control Act (TSCA)

Representative Experience

  • Served as primary environmental compliance counsel to multiple-plant, multiple-state inorganic chemical manufacturer. Representative projects included responding to requests for information on release reports, advising on hazardous waste recycling, resolving notices of violation, Occupational Safety and Health Administration (OSHA) citations and notices of probable violation for rail and truck hazardous materials transportation, interpreting requirements for risk management programs and chemical safety security, and planning for permit renewal changes.
  • Prepared comments on EPA’s identification of nonhazardous secondary materials that are solid wastes proposed rule on behalf of a company that used a novel technology to reclaim coal from legacy piles. This prompted the Environmental Protection Agency (EPA) to revise its rule and include currently mined and processed coal refuse as a fuel, not a waste, in its final rule;
  • Represented food products manufacturer in resolution of alleged serious violations of permit effluent limits in local sewer authority discharge in Colorado. Because of Environmental Protection Agency (EPA) involvement, sewer authority was planning to terminate discharge authorization. Resolved matter with no plant shutdown and a provision for orderly treatment plant upgrade;
  • Mediated settlement, at a fraction of total potential liability, for company in long-running dispute with the EPA over lead-contaminated Superfund site;
  • Lead counsel on several complex natural resource damages (NRD) involving active mine sites, including the Morenci, Tyrone, Chino and Molycorp sites in Arizona and New Mexico;
  • Advised company that redevelops environmentally contaminated property in acquiring a 340,000-square-foot inactive battery-manufacturing plant in New Jersey. Negotiated a liability and remediation trust fund transfer agreement that involved the previous owner and the state;
  • Counsel for manufacturing company in complex four-way negotiations regarding transfer and redevelopment of old manufacturing complex, culminating in execution of redevelopment agreement. Redevelopment of property occurred with the manufacturing company’s involvement limited to certain known environmental issues, with others participating in newly identified issues and asbestos;
  • Represented a Fortune 500 manufacturer in a Clean Air Act enforcement case involving Roundup raw materials. The client settled Title V Operating permit violations with the State of Wyoming but the EPA Region 8 found the settlement insufficient. Our client filed a declaratory judgment action against the United States in Wyoming federal court before the U.S. filed its own enforcement action in the same federal court. The court ordered the parties to mediation, where the proposed multimillion dollar penalty was settled for less than a million dollars.
  • Achieved a favorable outcome in defense of a large petrochemical corporation against several significant claims stemming from alleged product releases and contamination from a pipeline located in Hartford, Ill. As part of representation, Husch Blackwell conducted an analysis of the client’s chances of recovery of its defense costs and indemnity against its excess carriers (in the millions of dollars) and potential costs of resolution of the various claims, including claims by Illinois Environmental Protection Agency and the federal Environmental Protection Agency. On Jan. 7, 2013, the trial court in Madison County, Ill., held that Allianz Underwriters Insurance Co. had breached its duty to defend under Illinois law and that it owed our client its past and future defense costs;
  • Represented an international manufacturer of components for the energy industry when a temporary worker claimed disability discrimination and retaliation for filing an OSHA complaint. Our team obtained a dismissal with prejudice of all claims for client.
Articles | March 11, 2021
Rock Products: The Tide Turns
Blog | November 28, 2018
Dusky Frog Update III
Blog | November 08, 2018
Is Asbestos Poised to Make a Comeback?
Blog | October 08, 2018
Latest Dusky Frog Update
Articles | September 2018
Rock Products: Asbestos Revisited

Megan Caldwell discusses the history of asbestos use and its potential return, due to a proposed Significant New Use Rule proposed by the U.S. Environmental Protection Agency (EPA).

Webinar | February 2021
Building the Renewable Power Project Webinar Series - Project Structuring 101

Building the Renewable Power Project Webinar Series

Webinar | December 2020
Building the Renewable Power Project Webinar Series - Emerging Energy Storage Issues

Building the Renewable Power Project Webinar Series

Webinar | October 28, 2020
Pre-Election Webinar Series - Election 2020: Defining the Stakes

Pre-Election Webinar Series

Webinar | July 28, 2020
Combustible Dust in the Workplace
Webinar | June 23, 2020
Turbulent Waters

Emerging Environmental Law Trends Webinar Series

Speaking Engagements | February 19 - 21, 2020
Speaker, DRI Toxic Torts and Environmental Law Seminar
Webinar | January 29, 2020
Why Do Customers Want To Know So Much About My Product? The Changing Landscape of Chemical Regulation

Emerging Environmental Law Trends Webinar Series

Webinar | September 2019
Regulations Governing Waste Disposal and Remediation

Emerging Environmental Law Trends Webinar Series

Webinar | July 16, 2019
Regulations Governing Discharges to Air Emissions

Emerging Environmental Law Trends Webinar Series

Webinar | 10/11/2018
Summer 2018:
ERCOT Market Performance
and Potential Changes
October 11, 2018

New Directions: Renewable Energy in a Transforming Environment Webinar Series

Media Mentions | April 26, 2021
C-SPAN: Guam v. United States Oral Argument
News Releases | November 11, 2019
26 Husch Blackwell Attorneys Named to 2019 Wisconsin Super Lawyers/Rising Stars

The firm has 16 attorneys named to the Super Lawyers list and 10 attorneys named to the Rising Stars list.

News Releases | August 15, 2019
Husch Blackwell Places 143 Lawyers in 2020 BL Rankings' Best Lawyers in America®

The firm has eight "Lawyers of the Year" and 11 attorneys appearing on the list for the first time.

News Releases | April 29, 2019
Chambers USA 2019 Ranks Husch Blackwell in 10 Areas of Law; 33 Attorneys Recognized

Attorneys in 10 offices across the firm's footprint are recognized in the 2019 edition of Chambers USA

News Releases | November 13, 2018
32 Husch Blackwell Attorneys Named to 2018 Wisconsin Super Lawyers/Rising Stars

Husch Blackwell has 32 attorneys named to the 2018 Super Lawyers and Rising Stars lists.

News Releases | August 15, 2018
Husch Blackwell Places 143 Lawyers in 2019 BL Rankings' Best Lawyers in America®

The Best Lawyers in America® has listed 143 Husch Blackwell attorneys in its 2019 directory. The firm has eight "Lawyers of the Year" and five attorneys appearing on the list for the first time.

Testimonials Chambers USA 2018

“Their litigation and environmental abilities are very strong. They're responsive, their rates are fair and they have demonstrated value.”

Read how invested partnerships make a difference
Testimonials Charles Desmeules, Director—Legal Affairs, Innergex Renewable Energy Inc.

“Thanks for Husch Blackwell’s help and great work on Phoebe Solar. Innergex would not have been able to do this complex project without you. We greatly appreciated your expertise on construction and real estate matters.”

Read how invested partnerships make a difference
Client Results

Contaminated acreage is redeveloped into a drugstore.

See full case study

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