Environmental Law

Almost every deal or transaction involves environmental issues. Hirschler's environmental lawyers work collaboratively with the firm’s business, real estate, and litigation practice groups to provide practical and cost-effective solutions.  A thorough understanding of our clients’ businesses, combined with significant experience handling environmental issues, allows our environmental lawyers to identify and resolve issues, while protecting client interests and achieving the goal of a successful close.

Transactional Advice

We advise clients through all aspects of environmental due diligence in every type of transaction.  We help purchasers, sellers, landlords, tenants and lenders assess environmental risks and structure transactions to ensure an appropriate allocation of those risks.  We have broad experience drafting and negotiating environmental contractual provisions, including representations and warranties, covenants, indemnity provisions, remediation agreements, and environmental escrow agreements.  We understand the complex nature of property development and the liability and business risks often associated with brownfields transactions.

Compliance and Advocacy

Beyond transactional advice, our environmental lawyers guide clients through environmental permitting and compliance issues, working with technical and environmental consultants to provide business efficient solutions.  We prepare and facilitate implementation of environmental compliance programs; perform regulatory compliance audits; and advise on noncompliance issues, including negotiation with state and federal regulators. Hirschler lawyers also work closely with several national trade associations on issues relating to the Clean Air Act, Clean Water Act, and Endangered Species Act.  We advise on legislative and administrative opportunities for the restoration industry and lead collaboration efforts between federal agencies and private sector companies on productive changes to policies impacting environmental markets.

Results

When faced with environmental issues, clients often need help understanding their risks and responsibilities. Our lawyers guide clients through liability issues such as onsite and offsite remediation liability, toxic tort exposure, and regulatory risk.  We also evaluate how permitting requirements can affect intended uses or potential restrictions on development.  We routinely review environmental site assessments and are keenly aware of issues relating to formerly or currently contaminated sites, protecting potential purchasers from liability, and working with property owners to obtain voluntary cleanup or site closure.

Among the areas in which we have extensive experience:

• The purchase and sale of brownfields sites with past or current environmental issues: guiding the due diligence process; analyzing potential risks and liabilities; preparing contract language to include appropriate representations and warranties and indemnification provisions; and working with the Virginia DEQ to obtain BFPP letters or through the Voluntary Remediation Program.
• Advising on environmental regulatory and compliance matters, including negotiating consent orders and penalty reductions with state and federal agencies.
• Advising on permitting procedures and challenges to permit conditions and limits, including wetlands regulations programs, solid and hazardous waste management programs, CERCLA, the Clean Air Act, and the Clean Water Act.

Professionals