Practice Areas & Industries: Holland & Hart LLP

Practice/Industry Group Overview

As environmental issues have climbed to the top of the national agenda, companies in almost every industry have found that one or more environmental laws apply to their operations. More regulations, along with heightened environmental awareness, present businesses with many difficult and potentially costly challenges.

We have been practicing environmental law since the early 1970s -- before it became fashionable. With such a long history, we have become the leading environmental firm in the Rocky Mountain Region and one of the leading environmental law firms in the country. Many of our lawyers practice solely or primarily in environmental law, each specializing in one or two specific subareas. We do work for clients nationwide on virtually every aspect of environmental law, whether transactional, regulatory or litigation.

Our environmental practice addresses our clients' wide range of legal needs such as the environmental aspects of business transactions, environmental permitting, ongoing compliance advice, environmental audits, enforcement action defense, remedial actions (such as Superfund), legislative and rulemaking developments, and a wide variety of environmental litigation.

We are oriented towards "proactive" environmental law, using sensible environmental compliance measures such as audits and employee training to prevent problems from occurring. If problems do occur, we are ready and able to effectively defend (or prosecute) toxic tort suits, government enforcement actions, or any other type of environmental litigation.

Our environmental law expertise includes:

• Solid and hazardous waste
• Superfund
• Underground storage tanks
• Toxic and radioactive substances
• Water quality and air quality
• Protection of endangered species and other wildlife, vegetation and cultural resources
• Mined land reclamation
• Advice concerning legislative and rulemaking development
• Environmental impact assessments and statements
• Environmental litigation, including the defense of civil and criminal enforcement actions

Our practice encompasses recent or ongoing projects in Alaska, Alabama, Colorado, Wyoming, Nevada, Idaho, Oregon, Montana, California, New Mexico, Utah, Nebraska, Missouri, Washington, Texas, South Dakota, North Dakota and South Carolina. We have participated actively in numerous regulatory developments in Washington, D.C.

Services Available

Environmental considerations have become a critical factor in a wide variety of real estate and business transactions, because of the broad liability imposed on present and past owners and operators of contaminated property under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) and the Resource Conservation and Recovery Act (RCRA). Rapidly evolving state initiatives, such as the New Jersey Environmental Cleanup and Responsibility Act, are having similar impact.

Our experience in this area includes:

• performing environmental audits to help buyers or sellers assess the significance of potential environmental concerns at a specific site
• advising regarding risk allocation mechanisms, appropriate indemnification, warranty, and other provisions in contracts and other documents relating to property transfer.

Environmental Permitting

For proposed projects, such as major new facilities, our assistance often begins with a comprehensive analysis of the federal and state environmental permit and authorization requirements applicable to the project.

Compliance and Enforcement

For ongoing operations, we can assist with continuing compliance with environmental laws. These efforts include:

• performing environmental audits of the status of environmental compliance
• formulating measures and procedures necessary to attain and maintain compliance
• advising regarding specific air, water, solid waste, wildlife protection and other compliance issues that arise during the operating life of a facility
• defending clients accused of violating environmental laws or regulations and subject to civil or criminal enforcement actions by federal or state agencies

Remedial Actions

Pursuant to the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA" or "Superfund") and parallel state laws, over the past several years there has been a mushrooming of efforts to require remedial action at both active and inactive "contaminated" sites. We represent a number of clients with respect to single-party and multiple-party sites on the National Priorities List (NPL) under CERCLA.

Legislative and Rulemaking

From the time environmental legislation gained public prominence in the 1960s, we have represented clients regarding a wide variety of federal and state legislative and rulemaking developments.

Litigation

We have been involved in a wide variety of environmental litigation, including:

• insurance coverage cases
• litigation challenging the adequacy of NEPA compliance for specific projects
• natural resource damage suits under CERCLA
• toxic tort actions
• litigation challenging regulations promulgated in federal and state rulemaking processes
• civil and criminal enforcement actions