Our attorneys provide advice to contractors and other clients on a wide range of environmental issues. We counsel clients on how to manage environmental risk. The environmental practice team often works closely with the Firm’s construction, government relations and real estate groups to address projects' environmental concerns. Our attorneys have substantial experience in all aspects environmental permitting, including permitting related to building in or on coastal property and wetlands and on impacted property, landfill disposal, hazardous waste and natural resource permitting, and waste water, dewatering and storm water permitting. We also assist contractors with the permitting and regulatory aspects of demolition, urban infill (brownfields) and building on or near environmentally sensitive lands. We advise contractors about laws, rules and regulations related to the proper handling of hazardous materials on construction sites and recycling of project waste materials, as well as the proper disposal of materials at third party sites.

The Firm's environmental practice is broad-based and includes drafting the proper contractual protections to protect against or transfer environmental liabilities, helping our clients procure environmental insurance and identifying all relevant environmental permitting and regulatory requirements. Typical issues range from underground storage tanks and other preexisting hazardous waste conditions or site contamination, to asbestos removal and disposal, to health, safety and OSHA concerns, to regulatory reporting obligations.

Our attorneys focus on working with clients in the early stages of projects to understand and minimize environmental exposure. We conduct training sessions with our clients, helping them to understand and anticipate environmental issues and problems and the ever evolving, and often confusing, environmental regulatory world. Experience shows that if owners overlook or do not fully account for environmental issues, general contractors can be saddled with extra permit fees, fines, increased regulatory scrutiny, substantial increased costs for a project, project delays and potential shut down of a project. We assist our clients in developing environmental practices and procedures to avoid such problems and counsel them on the state by state, and local, differences in the regulatory structure. While we often consult with our clients in the bidding and contract negotiation stages to ensure that any environmental concerns are identified and addressed up front, we have also interceded during the course of construction projects when environmental issues unexpectedly appeared. In those situations, we work quickly with regulators in those situations to resolve issues in order to minimize delay and reduce additional project costs and penalties. And our team works closely with clients and environmental consultants to develop the most cost-effective cleanup programs where such cleanup is required.

Our attorneys advise our clients on how to avoid and address mold issues prior to, during, and after construction. Firm attorneys have helped to develop a mold protocol for contractors and are integrally involved in the Associated General Contractors Mold Litigation Task Force. Similarly, our attorneys counsel clients during environmental audits and assist in developing audit and compliance program policies.

The Firm's attorneys also represent consulting and contracting firms bidding on and conducting large environmental or natural resource projects. We have assisted such clients with project and contract negotiations, as well as permitting and associated environmental regulatory issues.

Our environmental practitioners play roles in conducting environmental due diligence on various projects. These range from corporate mergers and acquisitions to the purchase and development of commercial and industrial facilities and land.

When necessary, the environmental practice team's attorneys vigorously represent our clients' interests in litigation in administrative, state and federal tribunals. We defend clients in governmental inquiries and litigation, civil and criminal, as well as private party litigation in environmental and mold cases. Our attorneys serve as common or group counsel in Superfund matters. We have brought claims against other potentially responsible parties for response costs incurred in cleaning up sites and facilities. We have negotiated judicial and administrative consent agreements in environmental cases ranging from federal and state Superfund and Resource Conservation and Recovery Act cases to storm water and wetlands and other clean water violations, to dewatering and air cases.

The Firm has also been involved at the legislative level to promote our clients' concerns in the environmental area. For example, Firm attorneys were heavily involved in the drafting and passage of the original brownfields legislation in Florida and in developing risk-based cleanup standards at the local and state levels. We have also tracked nascent mold legislation.

The Firm attorneys who practice in the environmental area are both counselors and litigators. They understand construction projects as well as environmental regulation and litigation. They understand the potential price to be paid if environmental issues are overlooked or ignored and they counsel clients about this legal exposure. While the Firm's attorneys assist and counsel companies on how to avoid litigation, they nevertheless stand ready to vigorously defend clients should an environmental enforcement action be brought against them.