Practice/Industry Group Overview
Environmental requirements play a major role in the development, construction operation, sale, acquisition and financing of nearly every business venture. Schnader’s Environmental & Energy Practice Group is a multidisciplinary team that brings together lawyers from the Litigation Services and Business Services Departments to provide innovative solutions and vigorous representation for our clients.
Our attorneys are capable of addressing the needs of clients engaged in all phases of the energy industry. We have handled matters for independent power producers and generators, processors, transporters, and distributors of various forms of energy, including oil, gas, coal, electricity, biomass, and renewable energy developers and producers. We have also counseled an array of service providers that support these companies, from manufacturers of equipment to financial institutions.
The attorneys in our Environmental & Energy Practice Group include those who concentrate their practice in environmental, energy, real estate, land use planning, financing and business counseling, as well as creditors’ rights and criminal defense. The Firm also has two LEED accredited attorneys as well as attorneys who have held positions with the Environmental Protection Agency (EPA) and the United States Department of Justice, and have served on various local regulatory boards.
Regulatory and Compliance
In addition to our experience with traditional operational and transactional matters, our attorneys have handled numerous matters related to environmental concerns and the energy industry. This includes representing clients in obtaining permits and appeals via the administrative process or court actions, challenging the denial or revocation of permits and licenses, and advising clients on a wide variety of issues relating to environmental matters, including toxic tort matters, underground storage tanks, ground water contamination, air emissions and mine subsidence claims. Schnader also has substantial experience in CERCLA and RCRA actions, HSCA actions, and claims for natural resource damages.
Energy & Renewable Energy
Schnader represents clients in matters related to corporate governance, tax, mergers and acquisitions, operations, finance, regulation, environment, and litigation. We counsel clients in the conventional energy sector as well as those focusing on unconventional and renewable energy. From biomass to methane recovery, our clients include pipeline companies, refiners, the National Grid, and midstream service companies.
Land Use and Sustainable Development
We help clients site, develop, construct, and finance residential, commercial and industrial projects. Our attorneys provide assistance with environmental impact review obligations under the National Environmental Policy Act (NEPA) as well as site plan review, wetlands regulation, and archaeological and historic resource compliance. Our attorneys have successfully represented clients in state and federal administrative forums on all phases of project development.
Schnader also has a Sustainability and Environmental Services Practice Group that provides services to various general contractors and subcontractors. With today’s emphasis on reuse, recycle, and sustainability, this area has seen tremendous growth. Our Green Construction Group has extensive experience with Green Building guidelines and other green initiatives.
Risk Management and Transactions
Schnader attorneys assist clients in identifying and managing environmental risk in site development as well as acquiring industrial and commercial properties and businesses. We assist clients with compliance audits and regulatory reporting reviews. We have experience with remediation and monitoring programs, real property access issues, private-public partnerships, and brownfield development.
For transactional matters, we initiate and conduct due diligence for clients by reviewing environmental issues and health and safety matters. Our attorneys regularly represent businesses in a wide variety of transactions and other legal matters including private placements and other securities matters, stock and asset transfers, corporate and partnership matters, taxation questions, intellectual property matters including patent infringement claims and claims of misappropriation of trade secrets, labor and employment concerns including executive compensation matters, and product liability claims. Schnader attorneys advise clients in the renewable energy sector on a number of matters, including lease issues, purchase arrangements, regulatory matters and land use.
Schnader represents clients in civil, administrative, and criminal environmental cases, including enforcement actions brought by the regulators, citizen-action groups, or private parties. Clients look to us for advice and assistance in managing liability arising from waste disposal and environmentally compromised sites. The Environmental & Energy Practice Group negotiates and litigates with the U.S. Environmental Protection Agency (USEPA), state agencies, and private parties across the U.S. We also have litigated patent infringement and product liability issues for the energy sector.
Environmental Services Industry
We have significance experience representing businesses in the development, siting, and financing of a wide variety of projects, including waste-to-energy facilities, landfills, transfer stations, material recycling facilities, methane gas-to-energy projects, biofuel, composting and other similar projects. Our attorneys assist clients with solid waste, air, and water regulatory and permitting issues. Schnader represents clients who are currently operators of oil refineries and battery manufacturers.