Since the creation of the Environmental Protection Agency (EPA), federal, state, and local government agencies have placed increasing emphasis on environmental compliance and enforcement, forcing businesses to deal with issues of joint and several liability, cleanup expenses, civil lawsuits, and the threat of criminal and civil fines. Understanding and complying with requirements of regulatory agencies, legislative bodies, and evolving case law presents real challenges for companies and organizations. The Environmental Law Group at Dickie, McCamey & Chilcote has the experience to guide your company through these issues. We are prepared to provide the legal guidance you need to effectively analyze, manage, and reduce the risks associated with environmental violations.
Should violations occur, our practice delivers a vigorous defense of your interests during investigations, lawsuits, and other enforcement proceedings. We concentrate in enforcement programs, real estate and transactional services, civil litigation, and criminal defense.
The EPA, Department of Justice, and state regulatory agencies are actively engaged in pursuing claims under the Clean Air and Clean Water Acts; Comprehensive Environmental Responsible, Compensation and Liability Act (CERCLA); Resource Conservation and Recovery Act (RCRA); Toxic Substance Control Act (TSCA); and Hazardous Substance Cleanup Act (HSCA). The Co-chair of our Group, Peter T. Stinson, has over 25 years of environmental litigation and enforcement experience, including extensive involvement representing responsible parties in connection with the remediation of contaminated sites across the country. Having started his legal career with the Environmental Enforcement Section of the U.S. Department of Justice, Mr. Stinson offers an inside understanding as to how the government conducts investigations and builds enforcement cases. This insight allows us to respond strategically, helping to avoid or minimize potential claims, penalties, and costs for our clients.
Real Estate and Transactional Services
Transferring property and corporate assets can trigger retroactive liability, as can cleanup costs for pollution or spills occurring years before. The Environmental Law Group can help with investigating potential liabilities in real estate and business transactions and analyzing the cost of remediation to bring a site into compliance. We are also prepared to assist with contract negotiations, zoning, insurance issues, and permit acquisition and can counsel multiple parties with collective responsibility for site cleanup.
Environmental civil matters can have severe consequences, ranging from government enforcement actions (including Superfund cases) and class action lawsuits to personal injury and insurance defense — any of which can be enormously costly to the bottom line and to company morale. For public companies, civil matters also have the potential to erupt in stockholder lawsuits, which can result in personal civil penalties against key members of management and even the board of directors. The Environmental Law Group will strategically defend your interests should you or your company be taken to court or before environmental enforcement boards.
When the federal government perceives that civil proceedings might be too lengthy or lenient, it reserves the right to bring criminal charges against individuals and companies. Should criminal proceedings commence, our firm offers a seasoned criminal defense team to help provide a strong defense on your behalf.