Barrett
McNagny's Environmental Group is tailored to meet the needs of our business and
individual clients — including litigation of multimillion dollar CERCLA
cost recovery, negotiation with the U.S. Environmental Protection
Agency and state agencies, and site management of environmental
issues. Our Environmental Group focuses on applying its in-depth
experience on a wide range of environmental issues.
Business
Transactions and Land Use
Our
Environmental Group represents buyers, sellers, developers, and financial
institutions in connection with transactions involving business and real estate
sales, purchases, leases, joint ventures, mortgages, and financings. Our role
in these transactions includes preparing and evaluating environmental audit
information to identify any potential environmental liabilities and risks,
quantifying any existing liabilities and risks, proposing action plans for
addressing any liabilities, and documenting the risk allocation agreed to by
the parties.
We also
represent land owners, developers, and manufacturers in developing, building,
and expanding facilities. We provide counseling in permitting strategy,
development of environmental impact analysis, and defense against challenges
brought by private opponents.
Regulatory
and Compliance Counseling
Our
Environmental Group assists our clients' efforts to achieve and maintain
environmental compliance. This role includes permitting for air, water, and
solid waste, and the development and implementation of audit and environmental
compliance programs.
Enforcement
Representation
We represent
clients in cases concerning government-initiated cost recovery, contribution
and clean-up allocation issues, and enforcement actions under the Comprehensive
Environmental Response, Compensation and Liability Act, and other Federal and
State environmental laws. Our attorneys help clients respond to government information
requests, participate in joint steering committees of potentially responsible
parties, and negotiate consent orders and agreements to resolve environmental
claims.
We also
represent clients in private cost recovery and contribution actions brought
under Federal and State environmental laws. Many times such cases involve
environmental contamination caused by the presence of underground storage tanks
or past uses of sites.
Insurance
Coverage
Our Environmental
Group represents clients in matters involving insurance recovery for
reimbursement of environmental investigation and clean-up costs from insurance
carriers through negotiation and, if necessary, litigation. We counsel clients
on simultaneously seeking insurance coverage while working to resolve the
underlying environmental claims.
