Shipman & Goodwin’s environmental attorneys routinely provide business and compliance counseling, permitting and transactional support on key federal and state environmental, health and safety requirements to clients in various industries, including construction, business and finance, healthcare, education, energy, insurance, manufacturing, specialty chemicals, maritime and real estate.
With respect to environmental counseling, we assist clients in working with federal, state and local governmental agencies regarding regulatory compliance and environmental permitting, as well as in connection with financing, environmental insurance and related environmental issues in business and real estate transactions. We have broad experience navigating the regulatory aspects of contaminated properties, including urban sites and brownfields, hazardous waste management and remediation, property transfer laws (such as the Connecticut Transfer Act and the New Jersey Industrial Site Recovery Act), and underground storage tanks. We counsel lending institutions, developers and property owners on matters involving site assessments, environmental auditing, reporting, record keeping and other compliance obligations under various programs governing asbestos, lead, PCBs, mold and other environmental, health and safety (EHS) issues. We manage client risk and regularly develop tailored environmental insurance products for our clients as part of their overall risk management strategy.
As part of our permitting practice, we assist clients with identifying, managing, applying for and/or transferring state and federal environmental permits and securing other regulatory approvals, licenses and registrations necessary for our clients’ business needs. Our multidisciplinary team is experienced in guiding applicants through the regulatory and administrative process, including through contested cases and, when necessary, litigation and appeals.
As a cornerstone of our practice, we provide guidance on all major federal and state environmental programs, including solid and hazardous waste, coastal zone management, tidal and inland wetlands and watercourses, water quality, stormwater management, pesticides, and ambient and indoor air quality. Our environmental attorneys regularly practice under the National Environmental Policy Act (NEPA); Clean Water Act (CWA); Clean Air Act (CAA); Occupational Safety and Health Act (OSHA); Resource Conservation and Recovery Act (RCRA); Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); Emergency Planning and Community Right-to-Know Act (EPCRA); Toxic Substances Control Act (TSCA); Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); Safe Drinking Water Act (SDWA); Oil Pollution Act (OPA); Asbestos Hazard Emergency Response Act (AHERA); and state analogs. Our experience in these areas has resulted in established and respected relationships within all levels of federal and state EHS agencies.
In addition, our attorneys have experience in the area of climate change, providing strategic advice to insurance and energy clients regarding potential risks and opportunities associated with global warming, as well as advising on environmental disclosure obligations under Regulations S-K of the U.S. Securities Act of 1933 and other required public disclosures.
An integral aspect of our work involves assisting clients in all phases of transactional support for real estate, corporate (mergers and acquisitions/divestitures) and energy deals -- from before the deal is on the table to after the deal has closed -- including:
- Conducting transactional due diligence and counseling
- Negotiating the allocation of environmental liability and deal terms for other EHS-related issues
- Identifying and evaluating environmental compliance and permitting issues
- Working closely with environmental consultants to protect the client’s interests
- Developing, negotiating (manuscripting) and implementing bespoke environmental insurance programs to creatively manage risk in the context of the deal
- Assisting with post-closing environmental issues/integration, as appropriate