Practice Areas & Industries: Roetzel & Andress, A Legal Professional Association

Practice/Industry Group Overview

The Environmental, Energy and Health & Safety attorneys at Roetzel & Andress are experienced in providing counsel to clients regarding all aspects of Environmental Law. We are able to address the vast array of environmental laws and issues that impact the daily operations of businesses and public entities - from large corporations and small businesses to local governments and individuals.

We have existing working relationships with local, state, and federal regulatory and enforcement agencies. Our attorneys represent clients in administrative, civil, and criminal environmental enforcement matters, permitting proceedings, regulatory negotiations, and rulemaking matters. We practice in numerous state and federal courts, and we handle a wide variety of matters before agencies such as the U.S. Environmental Protection Agency (EPA), the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service, the Nuclear Regulatory Commission, the Ohio EPA, the Ohio Department of Natural Resources, the Ohio Department of Health, the Florida Department of Environmental Protection, the Florida Department of Natural Resources, and the Florida Department of Health. Our clients benefit from the capabilities, depth of practice, and credibility we have developed while working with the regulatory authorities on a daily basis.

In addition, we work in cooperation with attorneys from related practice areas to offer our clients integrated knowledge and an in-depth understanding of environmental, health, and safety issues. For example, our attorneys represent or actively participate in a variety of infrastructure, construction, and financing organizations that give us valuable insight into the opportunities and challenges faced by the energy and infrastructure industry. Our teams in Ohio and Florida consist of attorneys who have practiced almost exclusively in the environmental law area for their entire careers, both as private sector practitioners and as lawyers with the environmental regulatory agencies. Our group includes a former environmental counsel at a major corporation and attorneys formerly with the Ohio Attorney General's Office and Ohio EPA.

Services Available

GENERAL ENVIRONMENTAL MATTERS

• Regulatory compliance and facility permitting
• Environmental audits and assessments
• Corporate and commercial transactions and due diligence
• Emergency response and risk management assessment
• Environmental management systems
• Legislation and rulemaking
• Brownfield redevelopment projects

LITIGATION

• Civil and criminal enforcement actions
• Administrative hearings and appeals
• Superfund litigation
• Common law and toxic tort litigation
• Contract indemnity litigation

SOLID WASTE, HAZARDOUS WASTE, AND RADIOACTIVE MATERIALS

• TSD, generator, and transporter standards
• Hazardous and radioactive waste remediation matters
• Landfill permitting and compliance
• Flow control and fees
• Superfund site liability allocations and cleanups

CLEAN AIR ACT AND CLEAN WATER ACT

• Asbestos NESHAP compliance
• Air permitting (minor and major source)
• Automobile emissions testing
• Wetland and stream permitting
• Municipal and industrial discharge permitting
• Pretreatment permitting
• Storm water permitting and compliance
• Combined sewer overflow/sanitary sewer overflow compliance

Representative Matters

• Represented a mining company in Florida and obtained unanimous Collier County Commission approval for a new 1,000-acre mine and an agreement that the County will assist the client in building a four mile "haul" road.
• Represented a major petroleum company in connection with the permitting and construction of a petroleum products pipeline in Ohio.
• Represented a large municipality in an enforcement action initiated by the State of Ohio. As part of our representation, we persuaded the court of common pleas and the court of appeals to deny a motion to intervene filed by a neighboring community and affirm the amicable settlement entered into with the State of Ohio.
• Prosecuted an action under CERCLA and Ohio's Voluntary Action Program on behalf of shopping plaza owners to recover the cleanup costs incurred in responding to contamination from historic dry cleaning operations. Obtained a favorable settlement after successfully defending against a motion for summary judgment.
• Represented a large Ohio municipality in connection with the permitting of a major roadway project involving impacts to streams and wetlands.
• Defended an environmental contractor in a lawsuit alleging negligence in the response to a release from a petroleum underground storage tank. Obtained a favorable settlement after briefing the issues on summary judgment.
• Negotiated a multi-million dollar settlement of a multi-facility PCB contamination matter between the buyer and seller in a private cost recovery action.
• Represented a state contractor in a $4 million settlement with the State of Ohio and negotiated numerous contract change orders between the parties.
• Participated in the successful defense of a lawsuit challenging a Section 404 Clean Water Act permit issued by the U.S. Army Corps of Engineers.
• Represented a municipality with respect to grant funding from the Florida Department of Environmental Protection and the National Park Service.
• Represented clients applying for Coastal Construction Control Line permits through the Florida Department of Environmental Protection.
• Represented a large Ohio municipality on the development and eventual implementation of a long-term control plan to address combined sewer overflows. Representation included negotiations with the Ohio EPA and U.S. EPA.
• Represented the largest landfill in Northeast Ohio on all environmental matters.
• Served as lead trial counsel for a mining company in a $600 million class action toxic tort case involving radioactive slag.
• Advised an Ohio municipality on obtaining grant monies and
• implementing a grant agreement under the Clean Ohio Fund.
• Represented a chemical manufacturing company regarding an alleged violation of a product before the Florida Department of Health.
• Negotiated consent orders/notices of violation for wastewater facilities with the Florida Department of Environmental Protection.
• Represented owners of a steel manufacturing facility and commercial storage warehouse in obtaining No Further Action Letters and Covenants Not to Sue. Representation included negotiations with the Ohio EPA.
• Represented a transit authority in the acquisition of properties for development of a rail line and completion of associated environmental due diligence activities.
• Represented an Ohio municipality in the acquisition of Clean Water Act approvals necessary for the development of an industrial park with impacts to approximately 10 acres of wetlands. Representation included negotiations with the Ohio EPA and U.S. Army Corps of Engineers.
• Represented a client in an administrative hearing challenging the denial of a permit for the construction of affordable housing by the Florida Department of Community Affairs.