Environmental Compliance & Due Diligence

OUR LAWYERS REPRESENT CLIENTS IN A BROAD RANGE OF LITIGATION AND TRANSACTIONAL MATTERS INVOLVING ENVIRONMENTAL AND OCCUPATIONAL SAFETY AND HEALTH LAWS, RULES AND REGULATIONS.

Glankler Brown has hands-on knowledge of environmental law.

We have litigated CERCLA cost recovery actions filed by governmental entities and private parties, other enforcement actions undertaken by the United States Environmental Protection Agency, state and local environmental regulatory authorities, and OSHA enforcement actions.

In addition to litigation, we work closely with our firm’s real estate and business practice groups concerning environmental issues in real estate and business transactions. This includes frequently working with clients on brownfield redevelopments and similar property transactions; the investigation and cleanup of contaminated properties; assisting efforts to limit liability and risk in real estate and business transactions; drafting and negotiating contract provisions; and counseling clients who have environmental issues affecting the acquisition, financing, development, operation, and/or sale of real estate development projects.

The firm’s experience includes:

• Representation of developers, sellers and purchasers of real estate in negotiating and drafting brownfield redevelopment agreements with the Tennessee Department of Environment and Conservation.
• Counseling clients in spill or release reporting requirements.
• Counseling and assisting clients in the disclosure of environmental violations so as to take advantage of penalty reduction policies afforded by the United States Environmental Agency and the Tennessee Department of Environment and Conservation.
• Representation of clients in the defense of enforcement actions initiated by the United States Environmental Protection Agency, the Tennessee Department of Environment and Conservation and the Pollution Control Section of the Memphis and Shelby County Health Department.
• Representation of clients in the sale and purchase of plant facilities where environmental compliance issues were investigated and corrected.
• Representation of clients in the negotiation of permit conditions (including air emissions permits and stormwater discharge permits) and in actions to contest permit conditions.
• Representation of clients in the defense of environmental cost recovery actions.
• Representation of clients in the negotiations and/or drafting of contract and lease provisions allocating responsibilities under the environmental laws and regulations.
• Counseling of clients in a variety of environmental compliance obligations.
• Drafting comments on proposed regulations that will or may affect our clients’ businesses.
• Consulting with clients on work place exposure and safety.

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