Environmental Issues

There is a broad range of environmental issues from traditional regulatory concerns involving hazardous and solid waste management and cleanup, air and water pollution, workplace safety and health, insurance coverage, dangerous goods transportation and toxic torts to areas such as brownfields redevelopment, global environmental protection and biotechnology and agro-sciences regulation. In addition, there are multiple party toxic tort claims and property damages.

Product Counselling
Regulation of chemicals and product counseling encompass the process of clients bringing consumer, industrial and agricultural products to the marketplace.  It is important to counsel industrial clients on avoidance of environmental claims through developing corporate training programs and preparing comments regarding federal, state and local policy initiatives which incorporate environmental concerns in regulatory programs.

The Occupational Safety and Health Administration (“OSHA”) is involved in alleged violations of safety standards and permissible health exposure limits.  Enforcement proceedings are brought from time to time against industrial clients.

Federal Regulations
Manufacturers, health services and retail businesses must ensure compliance with federal regulations and international standards applicable to the commercial transportation of hazardous goods by truck, rail and air.  Manufacturers become involved in toxic tort cases involving exposure to contaminated groundwater and landowners incur damage to their properties caused by pollution.  In Superfund cases, various issues arise, including parent subsidiary liability, allocation of cleanup costs, scope of contribution and liability of parties to recycling transactions.

Due Diligence
In land and property purchases, environmental due diligence is required.   Environmental due diligence may involve negotiating voluntary cleanup agreements and assisting in the development of contractual provisions to protect buyers and sellers from incurring liability for existing site conditions.  In the case of Brownfields, developers must negotiate agreements with government agencies involving brownfield redevelopment.

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