Environmental

Nexsen Pruet has an extensive environmental law practice, which includes regulatory (permitting and enforcement), transactional, litigation and lobbying capabilities. Our practice consists primarily of corporate representation. The firm is involved all phases of environmental representation. There are many environmental concerns which must be considered in the siting, permitting, and operation of industrial, manufacturing, service, or research and development facilities, the purchase of and lending for commercial or industrial properties, and environmental insurance coverage litigation.

Site Selection and Evaluation Process
A Transaction Screen or Phase I Environmental Site Assessment of the property and adjoining areas is a must to minimize potential environmental liability for prospective purchasers and lenders. In addition to the Site Assessment, a wetlands delineation of the purchased property is mandatory if federal permits are needed for dredging and filling wetlands. Also, if such federally-permitted activities are involved, both endangered species and historic preservation issues must be addressed.

Site Remediation Issues
Sites at which releases of petroleum products or hazardous substances, such as solvents, present industry with complex challenges. These challenges include assessment, evaluating remedial options, negotiation with governmental agencies and third parties, and marketing the continued use of the property.

Environmental Regulatory Issues
These issues related to representing a regulated industry or a lender holding as collateral property used as a regulated facility.

• Air Permitting. Almost any manufacturing facility is likely to result in air emissions which are required to be permitted. These would include, but are not limited to, activities such as the installation of boilers emitting particulates and steam, dust collectors controlling particulates, or process equipment emitting volatile organic compounds. Unless otherwise exempt, a construction permit is required prior to commencing any site activities. Certain facilities may also be subject to the federal/state Title V operating permit program.
• Wastewater and Stormwater Permitting. New industrial facilities will require permits in advance of construction of wastewater treatment and pretreatment facilities for process and sanitary wastewater streams. Also, a federal/state permit is required for a direct discharge into a waterway or an industrial user permit for a discharge to a publicly-owned treatment system. In addition, stormwater discharge permits are required for construction activities which involve disturbances of greater than 2 acres. A stormwater discharge permit may also be required for certain on-going industrial activities.
• Solid and Hazardous Waste. All industrial solid waste must be characterized in order to determine the proper management requirements. The transportation, treatment, storage, and disposal of hazardous wastes are strictly controlled. Land disposal facilities for non-hazardous waste, including industrial sludges, are also regulated. Permits may also required for solid waste management facilities, such as compactors, transfer stations, recycling or recovered materials processing facilities.
• Drinking Water. On-site drinking water systems for employees may be subject to certain pre-construction permit and operating permit requirements. Additional requirements will be applicable to such systems, which are self-contained using a dedicated source of on-site supply.
• Miscellaneous. Underground storage tanks (petroleum and hazardous substance), are regulated and financial responsibility requirements are applicable to petroleum USTs. Several statutes require periodic filing of reports on inventories and emissions of certain chemicals. These may vary considerably depending upon the nature of the activity.

Environmental Insurance Coverage
The firm is currently representing clients in litigation involving environmental insurance coverage. This representation includes insureds attempting to invoke coverage as well insurers who have denied coverage. As such, several of the firm's attorneys have extensive experience in all aspects of environmental insurance issues.

The above information is intended only as a short summary of possible environmental issues affecting the firm's clients. The firm's Environmental Practice Group includes attorneys from the Administrative services Section as well as the Litigation Section.