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Services Available
Regulatory
Our attorneys counsel clients in a wide variety of compliance requirements under local, state, and federal environmental statutes and regulations. As the national and state focus on environmental issues continues to grow, we help clients meet their business goals while navigating the increasingly complex regulatory environment.
- Regulatory compliance counseling
- Advice and representation on permitting, licensing, negotiating compliance plans and responding to citizen group challenges
- Advice and representation in federal and state rulemaking and legislative initiatives
- Fiduciary responsibilities (trustees) and bankruptcy issues
- Advice on U.S. EPA and state auditing policies
- Sarbanes Oxley reporting and disclosure counseling
Transactional & EMS
Our attorneys can support the due diligence needed to identify potential environmental liabilities that may arise in the course of complex business transactions. Furthermore, our attorneys can offer creative solutions for allocating such potential risk or liability as an integrated part of the overall deal strategy.
Our attorneys are also often called upon to head multi-disciplinary teams that conduct audits as a part of corporate environmental management systems. When needed, we work with qualified technical consultants to assist our clients in negotiating and developing plans to bring their operations into compliance, settle past violations, and minimize the risk of future issues. In many cases, our participation brings the benefits of additional privileges against disclosure in subsequent administrative proceedings and litigation.
- Transactional auditing and counseling regarding asset and stock sales and acquisitions, real estate (Phase I and Phase II assessments), corporate, etc.
- Compliance audits as part of a corporate environmental management system (EMS)
- Industrial process compliance assessments
- Advice on U.S. EPA and state auditing policies
Enforcement & Litigation
From appearing before local administrative tribunals to handling nationwide toxic tort defense litigation, Dinsmore & Shohl offers our clients premiere litigation and regulatory enforcement defense capabilities regardless of the scope or complexity of the matter. Over the years, the firm has represented clients in numerous cases involving injuries allegedly caused by exposures to chemicals and other toxins. Most recently, we have developed an extensive experience in mold-related toxic tort claims having represented numerous property owners, contractors, and manufacturers facing such claims throughout the United States.
- Representation at enforcement and permitting proceedings, and other administrative proceedings
- Superfund Litigation - representing potentially responsible parties (PRPs) in asserting and defending cost recovery claims. This includes extensive experience serving as Common Counsel for PRP Groups
- Statutory-based litigation (Superfund, SMCRA, CWA, NEPA, etc.)
- Criminal enforcement
- Nationwide toxic tort and chemical exposure defense in federal and state courts, including coordinated pretrial proceedings before the Federal Judicial Panel on multi-district litigation
- Property & natural resource damage actions
- Eminent domain, zoning and nuisance matters
Insurance Coverage
Appropriate insurance coverage is a vital part of managing overall business risks arising from potential environmental contamination. Our attorneys advise clients on acquiring and structuring insurance coverage for potential environmental liabilities to help minimize this risk, and are also experienced at litigating complex coverage issues when claims and liabilities relating to environmental contamination do arise.
- Environmental cleanup cost recovery litigation
- Insurance coverage counseling for waste cleanup and disposal issues
- Risk allocation between buyers and sellers of potentially contaminated sites
Representative Experience
Inwood Quarry, Inc.
Environmental Litigation
Litigation involving reclamation requirements applicable to limestone quarries
Little Kanawha River Soil Conservation District; Cyrus Dock Company
Environmental Litigation
Defending against NEPA challenges to federal permitting decisions
Anonymous Coal Company
Environmental Enforcement Defense
Negotiated consent order regarding alleged violations of NSPS and PSD rules under Clean Air Act
F. O. Day Company, Inc.
Environmental Litigation
Litigation challenging interpretation of State Administrative Appeal Board's quorum requirement
Arch Mineral Corporation
Environmental Litigation
Representation in appeal from denial of Valid Existing Rights ("VER") under mining statute
F. O. Day Company, Inc.
Environmental Litigation
Issues related to construction of a quarry in West Virginia
Speed Mining, Inc.
Environmental Compliance Counseling; Litigation
Issues related to identification and treatment of unfound oil and gas wells in course of longwall mining operations
Arch Mineral Corporation; Atlantic Development & Capital, Ltd.
Environmental Compliance Counseling; Environmental Litigation
Representation of creditors and purchasers of assets in bankruptcy cases, including lease termination, permit transfer, and defense of claims by contractors
Bluestone Coal Corporation; Consol Energy; Foundation Coal Corporation; U.S. Steel Mining Company, Inc.
Environmental Compliance Counseling; Business Litigation
Issues related to the Surface Mining Control and Reclamation Act of 1977 and state analogues, including enforcement actions, show cause proceedings and circuit court actions
Capitol Cement Corporation
Environmental Enforcement Defense
Enforcement action relating to particulate emissions rules
Atlantic Leaseco, LLC; Consolidation Coal Company; Eaglehawk Carbon, Inc.; Southern West Virginia Resources, LLC; Maple Coal Company, LLC
Environmental Enforcement Defense
Defense of compliance orders delaying effectiveness of water quality-based effluent limits
Anonymous
Environmental Enforcement Defense
Issues related to RCRA, CERCLA and state analogues
West Virginia Coal Association
Rulemaking
Representation in successful petition for clarification of air permit regulations
Coal Company
Real Estate and Contractual Matters
Our firm represents a West Virginia Coal company handling the transfer of real estate, contracts and associated permits.
Borden, Inc.
OXY USA, Inc. v. Borden, Inc.
Defense of claim involving issues of assumption of environmental liabilities
Hatfield Dock & Transfer, Inc.
Zoning Litigation
Litigation challenging annexation and local zoning ordinances to prevent facility expansion
Westinghouse Electric Corporation
White Consolidated Industries, Inc. v. Westinghouse Electric Corporation
CERCLA, Breach of contract
Large, Small and Medium Size Underground and Surface Coal and Non-Coal Producers
State Coal-Non-Coal Mine Permitting (Pennsylvania)
Representation in securing necessary permits to operate coal and non-coal underground and surface coal mines in Pennsylvania.
Multiple Clients
Litigation Experience
Defending companies in:
- MDL 1507: In re: Prempro Products Liability Litigation
- MDL 1407: In re: Phenylpropanolamine (PPA) Products Liability Litigation
- MDL 1057: In re: Telectronics Pacing Systems, Inc., Accufix Atrial "J" Leads Product Liability Litigation
- MDL 1023: In re Diet Drugs (Phentermine/ Fenfluramine/ Dexfenfluramine) Products Liability Litigation
- MDL 926: In Re: Silicone Gel Breast Implant Products Liability Litigation
Acting as national coordinating counsel in premises and products liability litigation
Defending premises owner in environmental contamination class action litigation
Acting as client advocate with regulatory agencies regarding compliance issues
Conducting audits for corporations seeking advice regarding regulatory compliance and risk management matters
Identifying and retaining experts in a wide variety of disciplines to address medical, environmental and business litigation issues
Managing the retrieval, review and production of massive quantities of electronic and hard copy documents, including e-discovery
Designing and managing litigation support databases for use in review and production of electronically stored data, daily client communication, preparation of uniform discovery responses and general case management
Serving as Assistant Special Prosecutor for the State of Ohio in State of Ohio v. Marvin L. Warner, 55 Ohio St. 3d 31 (1990)
Liberty Mutual Insurance Company
Gencorp. Inc. v. AIU Insurance Co., et al.
Dispute of settlement in insurance coverage litigation related to environmental claims against insured
Anonymous
Environmental; Business Litigation
Litigation involving investigation and remediation of petroleum contaminated soil from underground storage tanks and failure to remove asbestos containing materials
Large Metals Processing Company
NPDES Permit
Negotiation of terms of a new NPDES Permit and approvals to "recycle waste" without formal permit.
Fortis Capital Corp. and Banco Bilbao Vizcaya Agentaria, S.A.
Loan Closing and Due Diligence
Loan closing and due diligence with respect to wind energy project
Fortis Capital Corp.; Banco Bilbao Vizcaya Agentaria, S.A.
Loan Closing and Due Diligence
Loan closing on $125,000,000.00 loan to finance Phase II of the NedPower Mount Storm Wind Energy Project, multi-faceted review of complex transaction; environmental and real estate due diligence for lenders
Anonymous
Environmental Compliance Counseling
Responses to information subpoenas issued under the TSCA
Coal Company
Coal Asset Acquisition
Acquisition of coal leases and related real property
Large Western Pennsylvania Investment-Land Holding Company
Cleanup / Sale of Superfund Property
Represented client in connection with development of final remedial actions to "clean up" a contaminated site which was listed on the National Priorities List and subsequently negotiated the environmental provisions of several agreements involving the sale of the property following implementation of the approved remedial action.
Virginia Power Company; Arch Mineral Corporation; Hatfield Dock & Transfer, Inc.; Capitol Cement Corporation
Environmental Compliance Counseling
Addressing EPA Industrial Stormwater Program implementation
Kanawha River Terminals, Inc.; Cyrus Dock Company; Big Sandy Dock; Kenwest Terminals, Inc.
Environmental Compliance Counseling
Issues related to the federal Clean Water Act Section 404 permits and Rivers and Harbors Act permits
Anonymous
Environmental Compliance Counseling
Issues related to PCB spill reporting and clean-up requirements
Mid-Size Appalachian Basin Aggregate Producer
Army Corps of Engineering Permitting (West Virginia)
Represented a dredging company in connection with securing new approvals from the State of West Virginia and the Army Corps of Engineers to conduct commercial sand and gravel dredging operations in Ohio River downstream of Pennsylvania.
Western Pennsylvania Dredgers Group
Army Corps of Engineering Permitting (Pennsylvania)
Represented 3 dredging companies in connection with securing permits to dredge for gravel in Ohio and Allegheny Rivers.
Bluestone Coal Corporation; Speed Mining, Inc.
Agency Negotiations; Administrative Litigation
Issues related to proposed shallow gas wells near coal mining operations
Valleycrest Landfill Steering Committee
Cargill, Inc., et al. v. ABCO Construction, et al.
CERCLA cost recovery action
Reclaiming, LLC
Business Litigation; Environmental Compliance Counseling; Agency Negotiations
Representation in disputes related to work under Abandoned Mine Land funded project
A&A Energy, Inc.
Business Litigation; Agency Negotiations
Representation in dispute related to award of Abandoned Mine Land reclamation contract
Kanawha River Terminals; Consol Energy; Foundation Coal Corporation; Peabody Energy; U.S. Steel Mining Company, LLC; Keystone Industries, LLC; Arch Mineral Corporation
Environmental Compliance Counseling; Agency Negotiations; Business Litigation
Representation related to enforcement proceedings issued under mining, water protection and air quality statutes
Consol Energy; American Electric Power
Environmental Compliance Counseling; Agency Negotiations
Responding to information requests under federal Clean Air Act and state analogues
Anonymous
Environmental Compliance Counseling; Agency Negotiations
Issues related to compliance with federal and state historic and cultural resource protection regulations
National Mines Corporation; U.S. Steel Mining Company; Arch Mineral Corporation
Environmental Compliance Counseling; Business Litigation
Representation before state and federal agencies and appeal boards, and Federal district and appeal courts, involving ownership and control determination and permit-blocks
Anonymous Coal Companies
Environmental Compliance Counseling; Auditing
Conducted and prepared reports on environmental audits for the purchase of numerous coal properties
U.S. Steel Mining Company; Consol Energy; Kanawha River Terminals, Inc.
Environmental Compliance Counseling; Air Permitting
Advice and representation involving Clean Air Act Title V permitting
Kanawha River Terminals, Inc.; Cyrus Dock Company; Big Sandy Dock; Kenwest Terminals, Inc.
Environmental Compliance Counseling; Agency Negotiations
Advice and representation on range of NPDES permitting issues
Anonymous Coal Company
Environmental Compliance Counseling (Clean Air Act)
Addressing PSD permitting issues under federal Clean Air Act and state rules
Anonymous
Environmental Compliance Counseling
Counseled a West Virginia fiduciary regarding environmental issues
Arch Mineral Corporation, Consol Energy; Kanawha River Terminals
Environmental Compliance Counseling; Agency Negotiations
Advice and representation involving underground storage tanks (USTs)
Kanawha River Terminals, Inc.; Consol Energy; Foundation Coal Corporation; Peabody Energy; U.S. Steel Mining Company, LLC; Keystone Industries, LLC
Environmental Compliance Counseling; Agency Negotiations
Issues related to the initial permitting, modifications and transfers under the Surface Mining Control and Reclamation Act of 1977 and state analogues
CDX Gas, LLC; U.S. Steel Mining Company
Environmental Compliance Counseling; Agency Negotiations
Air permitting aspects of coalbed methane development
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