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Services Available
Clean Air Practice
Brownfields
Environmental Aspects of Transactions
Hazardous Wastes
Natural Resources
Occupational Safety and Health
Permitting
Solid Wastes
Water Resources
Wetlands
Green and Responsible Development
Clean Air Practice
Our Air Team brings to bear a sophisticated, complementary expertise in a wide range of Clean Air issues to help our clients in this exploding practice area. Careful compliance assessment -- driven by experienced practitioners with demonstrated ability to counsel clients on current requirements, plus anticipate the next phase of regulatory programs -- is the hallmark of our problem-solving approach. We are proud of our ability to think like businesspeople, develop the full range of options for our clients, and manage against budgets to help clients pursue the routes they choose.
The Team's experienced regulatory and litigation members have long worked with career staff at EPA headquarters, EPA regions, state agencies or legislatures, and on Capitol Hill. We move easily between national issues to site or company-specific applications in ways that strengthen both.
Nationally, our efforts on behalf of companies and trade associations helped shape provisions of the 1990 Amendments as well as most key development since. We've served on several national industry steering committees, including those dealing with EPA's Open Market Trading Rule, Compliance Assurance Monitoring and Any Credible Evidence rules. We have commented for clients on EPA's rules or guidance from the first SIPs and NSPS through post-1990 Amendment transition and program proposals. These include comments on EPA's recent New Source Review Reform proposal, several industry air toxic MACT rules, EPA's core Acid Rain rules, and enhanced monitoring and credible evidence proposals. We have long shaped parallel state programs including those for Title V permits, SIPs and state emission trading rules.
At the plant level, we have permitted numerous projects, facilities or facility expansions, earning recognition for our ability to identify critical paths and unravel major source PSD/NSR, SIP and operating permit tangles. We have helped clients develop Title V permit applications, operating scheme flexibility provisions and compliance certification support for thorny past possible transgressions. We have successfully defended both state and federal air enforcement actions, often by persuading the agency to withdraw the action.
Representative Work
- Developed an innovative permitting strategy which allowed a large cogeneration project to avoid potentially fatal Class I visibility concerns;
- Defeated an EPA Region enforcement action seeking retroactive installation of LAER controls, retroactive offsets, and millions of dollars in potential penalties;
- Filed a unique Title III petition with EPA to delist allegedly hazardous air emissions, on behalf of a major manufacturing trade association;
- Persuaded EPA to reverse national guidance which would have required use of cumbersome and expensive coating total enclosures to certify compliance;
- Secured withdrawal of state RACT requirements that would have severely disadvantaged a major industrial client, based on arguments that the state had no authority to implement its proposal;
- Developed a "user friendly" handbook on Title IV emission credit programs for an electrical generating association;
- Documented to a state agency that New Source Review does not apply to replacement of unit-specific permit limits with plantwide limits;
- Lifted a Clean Air Act government contracting "debarment" that would have put a client out of business; briefed EPA's lack of authority to reopen PSD permits based on revised emission factors;
- Developed air permitting strategies related to acquisition of a large electrical generating station.
Brownfields
Extensive Federal and State Specific Experience
Many of the Brownfield redevelopment opportunities available to developers fall within the purview of state programs and those sites remediated under federal law are still subject to a number of state laws. While we have worked across the country on Brownfield sites on a federal and state level, we have notable experience in a number of states including Florida, Illinois, Iowa, Maryland, Pennsylvania and Virginia.
General Description
Long before brownfields became a hot topic, McGuireWoods was involved in the cleanup and redevelopment of contaminated sites using the existing regulatory programs and creative private contracting mechanisms. We have also been instrumental in developing state remedial standards based on actual site risks, and in implementing these in government orders and remediation programs. In recent years, we have utilized developer-friendly state voluntary remediation programs and EPA brownfields initiatives to assist our clients in developing contaminated sites across the country. Please use the links to the side of the page to see more information regarding McGuireWoods' Brownfield practice.
Remediation Strategies
While remediation of contaminated sites has become common, the remaining brownfields properties present more difficult challenges due to the types, levels and the location of the contamination. Conventional approaches such as locating a paved parking lot over the contaminated area may undermine the optimal development plan. We utilize our combined land use and environmental experience to assist our clients in adapting the remedial approach to the most favorable development plan for a contaminated site, including extensive experience in sustainable development. We also assist our clients in balancing the present benefit of institutional and land use controls in saving development dollars with the long-term impact of such development restrictions. For example, accepting a property with residual contamination may limit future development or reuse of the property.
We also bring our long experience in providing legal counsel for real estate and environmental issues in transactions in identifying and resolving the liability risks for owners, tenants, contractors and lenders. While a government agency may issue a letter that no further remedial action is required, contamination may remain that could result in substantial disposal costs when excavated, or even liability for a current or future owner. We understand these development issues and can help clients avoid the pitfalls. Our experience includes all aspects of the negotiation of risk allocation for liability for contamination. We have used environmental insurance in many instances as a mechanism for addressing the lingering risks.
Financing Remediation and Redevelopment
We bring the ability to seek unique financial resources to support development of brownfields. We work with clients to evaluate the numerous state and federal grants, loans and tax incentives to finance brownfields investigation and remediation. In additional our experience in municipal finance allows us to work with municipalities and other local entities to use standard development financing tools, including tax increment financing, special service areas, and special use districts to redevelop brownfields sites, either as stand alone projects or as part of larger redevelopment initiatives. In addition, our financial services practice allows us to draw on years of experience in addressing the concerns of lenders regarding environmental risks.
Representative Projects Around the Country:
- Representing a client in the construction of an indoor soccer stadium in the Midwest, guiding the client through the voluntary remediation program, advising the client regarding development and construction choices to balance future risks and current costs, and obtaining state grants to help fund the remediation.
- Assisted clients in developing former military facilities. We assisted one development company in stimulating proper agency responses to their property which was contaminated with unexploded ordinance and declared an National Priorities List ("NPL") site. We assisted another company in assessing and managing risks as it bought the site following the government's cleanup.
- Advising a client with regard to the sale of property in the Midwest to a residential developer where portions of that property are subject to restricted uses due to groundwater contamination. We are using a mix of easements and deed restrictions to ensure that the client is protected from future liability.
- Representing a municipality in the closure of a solid waste landfill in the Midwest so that it may complete the terms of a state grant to construct a golf course on the landfill.
- Represented a client who was a potentially responsible party under CERCLA in complex negotiations with EPA, the other potentially responsible parties and a municipality regarding the cleanup of an NPL-listed former industrial site along the shoreline of Lake Michigan. As the result of an innovative agreement reached among the parties, the cleanup will allow for the commercial and residential development of more than 40 acres of lakefront property, a central feature of the municipality's lakefront redevelopment plan.
- Obtained one of the first bona fide prospective purchaser ("BFPP") letters to allow redevelopment of a former unpermitted landfill site;
- Assisted client redeveloping site under VRP with qualification for deduction of remediation expenses under the Internal Revenue Code;
- Obtained BFPP letter to complete purchase of former industrial facility;
- Drafted and negotiated extensive lease and purchase option provision of site being entered into VRP and advised client on variety of VRP issues; and
- Assisted client with developing a contaminated soil reuse and management plan on a 300 acre site formerly remediated under CERCLA with residual contamination issues.
Environmental Aspects of Transactions
Over the last decade, environmental issues have become one of the major components in business and real estate transactions. Whether the concern is the assumption of past liability in the purchase of stock of a company or the mechanics of remediation after closing of a real estate transaction, our firm is experienced with the environmental issues. We endeavor to not only identify the issues, but also to resolve them in a manner that protects our clients and allows realization of the ultimate goal of closing the transaction.
We represent sellers, purchasers, landlords, tenants and lenders in all aspects of due diligence and addressing liability issues. Our attorneys who practice in this area provide value to the client by having environmental expertise as well as a thorough understanding of business and real estate transactions. The specific services we offer in this practice area include:
- Drafting and negotiation of environmental language for transaction documents, including purchase contracts, leases, loan agreements and environmental indemnification agreements.
- Advice on transaction driven environmental requirements such as notifications to governmental authorities or to private parties as under the Lead-Based Paint Disclosure Rule.
- Coordination of environmental consultants in providing Phase I's, Phase II's, asbestos surveys, lead inspections, environmental compliance audits, wetlands assessments, archeological assessments and other environmental reviews.
- Drafting and negotiation of access and indemnity agreements allowing for liability allocation and site access for remediation after closing.
- Advice on environmental requirements and liabilities in proposed modifications of existing uses or initiating new uses of property, including impacts concerning wetlands, endangered species and historic resources.
- Review and negotiation of scopes of work and consulting agreements with environmental consultants.
- Advice on liability for existing environmental conditions and structuring of ownership or possessory interests to avoid or minimize liability.
- Rendering legal opinions regarding environmental and land use permitting and approvals, and priority of liens of lenders over future liens potentially arising under environmental laws.
- Advice on indoor air quality and building material issues and concerns including asbestos, lead-based paint, lead in water, radon, urea-formaldehyde insulation and sick-building syndrome.
- We also provide environmental services in transactions as described in the other practice areas. In particular, please see Permitting, Wetlands, Environmental Compliance Auditing, Natural Resources Development and Brownfields.
Representative Work
- Coordinated the environmental due diligence and negotiated terms of environmental provisions in deal documents as a part of the overall representation of the purchaser in the acquisition of a chain of fast food restaurants with one hundred six locations throughout five states in the southeast.
- Rendered detailed environmental and land use permitting opinions in the purchase of two malls in Virginia.
- Coordinated the environmental due diligence and negotiated terms of environmental provisions in deal documents as a part of the overall representation of the purchaser in the acquisition of a retailer with twenty-five locations in Puerto Rico.
- Drafted and negotiated detailed asbestos removal contract for a multimillion dollar removal of asbestos for the renovation of a hotel.
- Coordinated responses and resolved issues with regard to the environmental due diligence as a part of the overall representation of the purchaser in the sale of the stock of a developer with twenty-nine industrial office park properties located throughout a four state area in the east.
- Drafted and negotiated documents for the construction of a cap and use of surface by adjoining property owner of a property contaminated with hazardous substances.
- Coordinated the environmental due diligence and negotiated terms of environmental provisions in deal documents as a part of the overall representation in the potential purchase of a chain of gas stations with approximately fifty locations throughout a seven state area in the east.
- Rendered opinion regarding the creation and priority of environmental liens in sale of assets at a site substantially contaminated with hazardous substances in Virginia.
- Coordinated the environmental due diligence and negotiated the terms of environmental provisions in deal documents as a part of the overall representation of the purchaser in the purchase of a chain of retail stores with approximately one hundred thirty locations in five states in the west and southwest.
Hazardous Wastes
We have successfully managed a wide range of hazardous waste projects. We have handled complex matters involving Beville-excluded wastes, mixed radioactive/hazardous wastes, cement kiln dust and other wastes subject to individualized RCRA treatment, as well as the beneficial use of hazardous wastes. In addition to the management of the full range of hazardous wastes regulatory matters, we have performed a large number of environmental compliance auditing programs focusing on RCRA issues. Frequently that work enables us to advise clients on ways in which they may remain in full compliance at substantially reduced cost.
Representative Work
- Counseling clients and negotiating with EPA and state regulatory agencies concerning RCRA corrective action orders for interim status facilities.
- Advising clients in negotiations with EPA and state agencies regarding closure of interim status facilities.
- Counseling clients on regulatory requirements concerning mixed hazardous/radioactive wastes.
- Petitioning EPA to modify environmental regulations regarding exclusions to hazardous waste regulations, such as those for special study wastes.
Natural Resources
Natural Resource law encompasses a diverse group of resources, from above ground resources like timber to below ground resources, such as oil, coal and minerals, and resources like water that can be both below and above ground. Accordingly, we have at our disposal a diverse group of attorneys, including both environmental and business lawyers, to help clients acquire, sell, permit, finance and develop different natural resource assets.
While our practice involving timber and water issues has focused on matters in the Eastern United States, our expertise in Oil & Gas and Mineral projects extends beyond the United States domestic borders to include experience in Central Asia, South American and the Caribbean.
Representative Work
- Assisting the Ministry of Geology and Underground Resources of the Republic of Kazakhstan in opening its vast wealth of oil and gas and mineral resources for foreign investment and development through our active involvement in several international tenders and in negotiations with foreign investors following the conclusion of the tender process;
- Acquisition of mineral leases and the conduct of permitting due diligence for a large scale titanium mine that has recently begun operations in southside Virginia;
- Extensive experience in the permitting, purchase and sale of sand and gravel mining projects;
- Assisting a major United States oil company in obtaining the necessary permits for exploratory slant drilling beneath the Chesapeake Bay;
- Assisting a Fortune 500 paper products company in the sale of thousands of acres of timberland throughout the eastern United States;
- Advising timber companies on compliance issues with respect to the impact of their operations on species protected by the Endangered Species Act;
- Representing a specialty clay mining company before the Florida Department of Environmental Protection and the Florida Department of Natural Resources;
- Representing a city located in Central Virginia in defending its ownership rights to certain quantities of water from the James River.
Occupational Safety and Health
Most of our clients, large and small, are employers, and thus regulated under the federal Occupational Safety and Health Act (OSHA).
We have substantial experience handling matters arising under OSHA as well as the Mine Safety and Health Act (MSHA) and their state counterparts. We advise clients on occupational safety and health regulatory compliance issues on a daily basis, and we defend enforcement cases. We work closely with lawyers in our Labor Group, who are experienced in this area.
Representative Work
- assisting a large insurance company in complying with recently-adopted asbestos regulations applying to its headquarters building;
- defense of OSHA citations issued to a hospital alleging violation of bloodborne pathogen standards;
- defense of over thirty MSHA citations and orders and a related special investigation of a mining company arising from a fatal electrocution;
- advice to an electronics assembly company regarding OSHA's hazard communication standards;
- trial of an MSHA enforcement action brought against a large West Virginia cement company for its allegedly insufficient training program and alleged violations committed by supervisors;
- defense of separate OSHA enforcement actions brought against the fire departments of two Virginia localities;
- defense of an OSHA enforcement action arising from a three-month process safety inspection;
- defense of an intensive, two month long wall-to-wall safety and health inspection of a large manufacturing facility in the northeast;
- trials of alleged violations at construction sites in Virginia and North Carolina before state courts and administrative law judges and before federal Occupational Safety and Health Review Commission law judges;
- litigation of an alleged MSHA retaliatory discipline charge; and
- advice on indoor air quality problems resulting from gasoline contamination at a bank and office building.
Permitting
The construction or expansion of industrial plants, power production facilities, solid waste facilities, towns, mines and malls, whether in green fields or brown, requires a host of permits.
We have years of experience at identifying the permits and approvals necessary for a project, and this identification process is how we begin most of our undertakings. For many, if not most permits, we believe that the application itself should be prepared by environmental consultants or engineers because they often have the necessary information readily available. But from there on we believe that we have the strongest team to make certain that permitting is completed as quickly as possible, with as few problems as possible. We provide complete project permitting management for clients all across North America. This allows our clients to bring any number of specialty consultants onto their team without fear of contradictory permit provisions or fatally flawed time frames. We provide project management control data to our clients and "troubleshooting" for any problems that occur in the permitting process, whether the problems relate to the regulations, the regulators or project opponents.
We have a large "toolkit" of approaches and techniques that can help insure project success, ranging from targeted community relations campaigns to "green solutions" -- socially and environmentally responsible approaches to traditional engineering issues.
When we have helped to deliver the project permitting package, we can provide further support in the form of legal opinions that provide assurances for lenders and new equity participants that all of the permitting necessary for construction and operation of the facility has been appropriately completed.
For large and small projects we can provide a full range of support activities. Specific team leaders effectively utilize their experience and knowledge when approaching each project, bringing outside experts to the table when appropriate.
Representative Work
- Obtaining many of the permits and entitlements for, and managing all of the permitting of a new town in Virginia; the town includes 4,000 residential units and three quarters of a million square feet of commercial space and was planned with an aggressive social and environmental agenda;
- Reviewing and adjusting the permits and approvals necessary to purchase and operate the power production portions of paper plants in California, Alabama, Virginia and Illinois;
- Identifying the necessary permits as well as the likely time periods and expenses required to obtain the permit for a titanium mine covering two counties in Virginia, a clay mine, and a major theme park proposed in Virginia;
- Providing management and trouble shooting for permitting solid waste transfer stations in Maryland, Washington, D.C. and Virginia;
- Obtaining many of, and managing all of the permits for one of the largest landfills on the east coast;
- Obtaining the first private solid waste transfer station permit in Maryland;
- Designing a complete "green" program for a large scale residential development in North Carolina to assist it in obtaining necessary permits and approvals; and
- Greenfield permitting for a 600 megawatt power production facility as well as four other power production facilities ranging from 200 to 400 megawatts each; the plants range from coal to gas to biomass.
Solid Wastes
The management of non-hazardous solid wastes requires fashioning solutions which address not only federal requirements but the growing number of state and local regulations. Our clients include a wide range of businesses. We have assisted municipalities and developers in the development of landfills, transfer stations and recycling facilities.
Our work incorporates the full spectrum of development including land use, environmental permitting, business aspects, and the litigation which may necessarily result from any substantial new solid waste management facility. We have guided a number of such projects to successful completion, and provide continuing assistance to allow them to operate profitably.
The Group has also developed a particular expertise in landfill gas to energy projects. We have participated in the structuring and implementation of a number of projects incorporating the substantial benefits provided by Section 29 of the federal Tax Code and incorporating additional benefits provided by a number of states for such projects. We have structured and closed the largest such municipal landfill gas to energy projects to date, bringing private investment to both municipal and private disposal facility owners.
Representative Work
- New landfill and transfer station development/permitting.
- Counseling landfill owners and a statewide coalition of landfill owners on amendments to state's solid waste regulatory programs.
- Counseling landfill owners on groundwater monitoring and remediation/corrective action programs and development of cost-effective solutions.
- Drafting for cities and counties "host agreements" in the wake of very active environmental group opposition to new solid waste disposal facilities.
- Assisting local governments in developing strategies to ensure continuous solid waste streams to disposal facilities, without the need to adopt flow control ordinances. Structuring, implementation, and closing of tax-enhanced landfill gas to energy projects, including the single largest such U.S. projects.
Water Resources
Our Water Resources Practice is divided into two main areas -- Water Quality and Water Supply. Our Water Quality practice addresses the full range of issues under the Federal Clean Water Act and its state counterparts. Our Water Supply practice covers issues relating to water supply, planning, allocation, minimum instream flows, and source water protection.
Water Quality
Over the last 20 years our lawyers have represented clients nationwide from almost every sector of industry, including pulp and paper manufacturing, mining, transportation, electronics, telecommunications, petroleum, food and beverages. We represent businesses both large and small, national and state municipal organizations, and individual communities throughout the United States. For example, we represent individual industrial clients as well as state, regional, and national industrial trade associations in connection with water quality-related matters. Our lawyers serve as general counsel to the CSO Partnership, a national association of communities with combined sewer systems. We are also general counsel to the Virginia Association of Municipal Wastewater Agencies, the Virginia Water and Sewer Authorities Association, and the Maryland Association of Municipal Wastewater Agencies.
Our services include virtually every aspect of law at both the federal and state levels. We provide the full range of services needed to participate effectively in both the legislative arena and the rulemaking process, including analysis, advice, drafting, lobbying, preparation of comments, and litigation, including judicial review of agency action. We also assist clients in every phase of the permit process and in defense of judicial and administrative enforcement actions, including citizen suits.
Representative Work
- advising a Fortune 500 company on a variety of issues with respect to EPA's Cluster Rule for the Pulp and Paper Industry;
- successfully challenging NPDES permit conditions for a major east coast city before EPA's Environmental Appeals Board;
- advising clients on NPDES permit-related issues, renewals and consent orders in Virginia, Maryland, Washington D.C., Mississippi, Kentucky, California, New Hampshire, Maine, Massachusetts, Louisiana, Alabama, Oregon, and Washington;
- representing clients in connection with state/federal criminal investigations involving alleged NPDES permit violations and other Clean Water Act Criminal allegations;
- advising both large and small entities on NPDES permit issuances and renewals on toxics control and whole effluent toxicity issues;
- developing, introducing, and lobbying during the 1997 session of the Virginia General Assembly for statewide nutrient control legislation on behalf of a group of 37 Virginia municipalities;
- advising a group of local governments in Maryland in the development of a statewide general permit to address sanitary sewer overflows;
- participating on behalf of the CSO Partnership in EPA's National Urban Wet Weather Federal Advisory Committee;
- advising a group of clients on total maximum daily load and Outstanding National Resource Waters-related issues;
- negotiating regional wastewater service agreements between local governments as well as with private entities;
- advising a Fortune 500 company in connection with the defense of a citizen suit in New England;
- successfully lobbying Congress during 1996 on behalf of two municipal clients for a $40 million federal grant authorization for their sewer rehabilitation projects;
- working with several state agencies on behalf of clients to develop reasonable and cost-effective water quality standards, as well as challenging and defending state water quality standards before state agencies and in the courts;
- assisting clients to establish and implement pretreatment programs including the drafting of sewer use ordinances, enforcement response plans, interjurisdictional agreements and negotiating pretreatment permits and requirements on behalf of both localities and industries.
Water Supply
Our water supply practice includes water supply planning, regulatory, legislative, litigation, and enforcement matters. We routinely advise water suppliers in the mid-Atlantic states on the full range of federal, state, and local issues that may affect their facilities and operations.
Representative Work
- negotiating discharge permits for large water suppliers discharging to streams and rivers as well as lakes, ponds, and reservoirs;
- serving as legislative counsel to the Water Utility Committee of the American Waterworks Association -- Virginia Section;
- negotiating long-term interjurisdictional water supply contracts as well as water contracts between industrial clients and local water suppliers;
- advising clients on water withdrawal and minimum instream flow issues;
- advising clients on water allocation issues;
- identifying and advising clients on institutional and organization issues associated with regional water supply systems;
- regulatory compliance planning and advice on public disclosure requirements;
- advice on source water protection issues;
- lobbying Congress for grants under the Safe Drinking Water Act.
Wetlands
For more than a decade, we have been helping clients navigate the sometimes treacherous sea of wetland regulations. Few areas of environmental law have gone through as many changes, including dramatic program shifts as wetlands regulations. Consequently, our extensive involvement and experience in this regulatory program can be invaluable when trying to assess the total impact of the program on development of a property or on an industry's ability to obtain a permit for a discharge facility.
We work on wetlands issues all across the country, but most of its work in this area, to date, has focused on permitting and enforcement actions in Virginia, Maryland and North Carolina. Besides coordinating the permitting strategies for clients seeking the necessary federal, state and local wetland permits, we also assist clients in resolving the problems which may arise in the permitting process and in the related environmental practice areas of historic resources, endangered species and environmental impact analysis.
Several of our attorneys are involved in wetland regulatory work. Dan Slone is the vice-chair of the American Bar Association's Wetlands and Endangered Species Committee (a subcommittee of the Real Property, Trust and Estate Section of the ABA) and has written and spoken extensively about wetlands, historic resources and endangered species.
Representative Work
- obtaining the necessary permits for a controversial, large scale solid waste facility in Virginia (general permits were utilized despite the Corps' initial position that an individual permit would be required);
- managing the wetland, mitigation bank and related issues for a theme park proposed in Virginia;
- obtaining wetlands permits and resolving historic resources issues for a large planned unit development adjacent to a national parkland in Maryland;
- coordinating permits for a Town Center in Maryland on behalf of the County and the private developer;
- overseeing the permitting of wetland impacts for the revitalization of a canal vital to a major urban renewal project and the accompanying installation of new sewer project;
- defining the strategy and implementation plan for obtaining all wetland permits necessary for the privately developed town of Reston and resolving issues in the permitting process; and
- overseeing the permitting of wetland impacts for malls, shopping centers, power production facilities, industrial facilities, mines and large scale residential developments in Virginia, Maryland and North Carolina.
Green and Responsible Development
McGuire Woods is involved in all aspects of civil practice, with particular strengths in environmental and natural resources law, real estate law and land use law and planning. The Environmental Solutions Group of McGuire Woods has cultivated a detailed knowledge of responsible and sustainable approaches to development and has accumulated extensive experience throughout the United States and overseas in developing and implementing environmental solutions. We have dealt with issues regarding the use of gray water, recycling and energy efficiency as well as solar access and wildlife protection. Over the years we have helped our clients deal with social issues such as affordable housing, schools and jobs, at the same time building an extensive library of resources on responsible solutions to environmental and social problems.
The Environmental Solutions Group has highly experienced lawyers in every area of environmental and land use permitting. Consequently, clients have access to detailed, expert guidance in air, water source, water discharge, solid waste disposal, wetlands, historic resources, and endangered species permitting. Decades of land use experience are also available to clients who seek assistance in zoning, subdivision, variance and other forms of land use permitting.
Over its years of work with complex projects, the Environmental Solutions Group has developed an expertise in "scoping" the requisite permits and identifying critical path items. We use this expertise to assist our clients in the initial feasibility analysis necessary for purchasing and financing projects and undertaking new projects in the U.S. and overseas. Building upon the initial feasibility analysis, we also provide project management assistance on critical path analyses, budget and time frame analyses and permit tracking. We are experienced at working closely with our clients' engineers to obtain all of the necessary permits in an efficient manner and can generate sophisticated tracking charts for our clients to use in their permitting efforts.
The Environmental Solutions Group has extensive experience in dealing with land use compliance issues. We work closely with local governments to resolve disputes over zoning, subdivision and other land use controls, pursue waivers and variances where appropriate, and litigate land use disputes on behalf of clients. We also work with clients to analyze land use legislation, develop strategies on legislative issues and implement such strategies through participation in the state and federal legislative process.
Business clients frequently ask us to conduct environmental audits of industrial facilities and land use audits of retail and commercial facilities. This is particularly common in connection with mergers and acquisitions. We also assist clients in assessing and responding to the results of their due diligence audits. We suggest and negotiate provisions in contracts, purchase agreements, loan agreements, leases and other documents that assign future environmental risk and cleanup responsibilities. We advise clients on issues related to radon, indoor air quality, electro-magnetic fields, lead paint and pipes, asbestos and underground storage tanks.
We have been involved in many aspects of sustainable and energy efficient development. We are counsel for Haymount, a new town planned in Virginia which emphasizes environmental responsibility. We represent a project in Mississippi that is being developed in conjunction with an "eco-plex". We represent the Port of Cape Charles Sustainable Technologies Industrial Park in its efforts to design a new "green" base of industries.
We are national counsel for Greening America, a Washington, D.C.-based organization that focuses on sustainability. We are also national counsel for the Congress for New Urbanism, an organization that focuses on the design of new communities in an effort to reduce automobile dependence, improve the quality of life and reduce sprawl.
Our firm has been helping to build towns and large and small scale communities for decades. Among the most well known of these are Reston, Virginia, the new town of Haymount, Virginia and the urban infill project in Richmond, Virginia -- Riverfront. In the mid-west, we have worked with the American Institute of Architects and the Department of Energy to create the legal frameworks necessary to replace and relocate towns like Pattonsburg, Missouri and Valmeyer, Illinois which were devastated by flooding along the Mississippi River. Our efforts emphasized environmental responsibility and sustainability in all aspects of reconstruction. For example, we drafted the "Declaration of Community Responsibilities, Covenants and Restrictions" for Pattonsburg, Missouri, which outlined energy efficiency standards, architectural standards and sustainability standards for the relocated community.
The Environmental Solutions Group has assisted clients in all aspects of new development, beginning with project management in the early, critical stages of development planning and continuing through permit scoping, permitting, designing community documents, dealing with investors, lenders and purchasers and managing the many issues which arise before buildout. We are also experienced in dealing with infill development issues such as property contamination and infrastructure modification. The firm employs several land use planners to provide technical and conceptual guidance and support to our clients.
The Environmental Solutions Group assists start-up companies in the environmental and sustainability fields. With decades of experience from the startup of now nationally known companies, our lawyers can help new nonprofit and for-profit businesses get on their feet and focused on their missions. We have been the "start-up" counsel for several national and statewide nonprofit corporations. We also represent startups in the photovoltaic and sustainability consulting business.
Case Studies
Haymount. Our lawyers have been involved in all aspects of the creation and permitting of this new town in Caroline County, Virginia. When built out this town will house between 10,000 and 12,000 residents and 750,000 square feet of commercial space. The town design and operating principles are drawn from new urbanism and a commitment to sustainability.
Port of Cape Charles Sustainable Technologies Industrial Park. We have assisted the Park Authority in developing the legal tools necessary to realize their dream of an industrial park committed to maximum efficiency in the utilization of all resources, including those that once would have been deemed waste. We have developed specialized covenants and restrictions which ensure environmental, social and economic sustainability in all areas of development and operations.
Dominion Land. McGuire Woods has developed a product for this client enabling it to apply green principles to its large scale residential projects in order to maximize the environmental benefits achieved through total project forest management, wildlife enhancement, dark sky programs and more. This product, which we can tailor to meet the needs of almost any client, is an invaluable resource for clients who are interested in reaping the rewards of environmental responsibility.
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