Environmental Regulatory Practice

BW's environmental regulatory practice includes the full spectrum of all environmental regulatory issues, such as the coordination of cleanup, regulatory requirements, release reporting, and spill response as well as the investigation of contamination, including source identification (current, historical, industrial, fingerprinting). We have represented site owners, operators, arrangers, transporters, innocent landowners, and redevelopers, assisting them with issues ranging from threshold liability matters, volumetric allocation of responsibilities, settlement negotiations and interpretation of regulatory cleanup standards. Our attorneys have negotiated numerous consent decrees, administrative orders and settlements, many of which contain extremely innovative components or strategies which were unique at the time, including issues associated with mixed funding sites, de minimis and de micromis settlements, innocent landowner issues, voluntary cleanup programs, natural resource damages, environmental justice issues, consistency with the National Contingency Plan, ROD amendments, and ESDs pertaining to a broad range of real property, real estate transactions, redevelopment and Brownfields sites. Our regulatory practice also focuses on agency enforcement issues, multi-tenant and co-located facility environmental issues, regulatory counseling, corporate and transaction environmental due diligence and addressing complex regulatory interpretive issues. Our attorneys have an active practice advising clients in connection with real estate transactions associated with impacted properties, environmental due diligence and the assessment and structuring of transactions to quantify and address long-term liabilities associated with real estate matters and property acquisition and divestiture.