Smith Currie's environmental law practice originally developed from our construction law practice, and has since expanded to provide legal services to our government contracting, industrial, and manufacturing clients who face a diverse array of potential liabilities from ever-changing environmental laws and regulations. Our environmental practice group attorneys provide counsel during: the pre-acquisition phase of property transactions; the contracting phase by advising on appropriate contract language to address environmental liabilities and risks; the prosecution or defense of environmental indemnification or cost recovery actions; the structuring of effective responses to Superfund and other environmental enforcement actions. We also have considerable experience in obtaining additional time and/or compensation for our clients when environmental issues cause delays or increased costs on a project.
Our environmental practice group attorneys regularly provide advice and assistance to public and private owners, manufacturers, transporters, and many other consulting, construction, and industrial concerns. Many environmental clients are actively involved in the environmental construction and environmental consulting fields and working on Superfund clean-ups, asbestos abatement projects, and numerous other remediation projects. Advice and consultation are available to help all clients stay abreast of, and in compliance with, the seemingly endless maze of environmental regulations, programs, permits, and other controls affecting clients’ day-to-day operations and their ability to make a profit.
Legal representation can be provided to assist with a wide spectrum of environmental issues, including:
- Air pollution control and permitting
|
|
- CERCLA contribution actions
|
|
|
|
- Environmental risk allocation clauses
|
- Endangered Species Act including incidental take permits, consultation with federal agencies, and conservation banks
|
- Water pollution control and permitting, including storm water control and NPDES permitting issues
|
- Environmental insurance and indemnification matters
|
- Environmental consulting agreements including professional liability issues
|
- Remediation contract problems including unexpected conditions or delays
|
- National Environmental Policy Act and its implications for federal projects
|
- Solid (non-hazardous) waste permitting and disposal
|
- Superfund remediation contractor representation
|
|
|
- Superfund PRP representation
|
- Hazardous waste transportation and disposal
|
- Preliminary site assessments
|
- Spill prevention and reporting requirements
|
- Underground storage tanks
|
- Worker training exposure and safety
|
- Hazardous waste remediation contracts
|
To stay informed of changes in this rapidly evolving field of law, the firm's attorneys are continually updating their knowledge of applicable environmental statutes, regulations, and case law. Our environmental attorneys monitor proposed agency rule making and pending environmental litigation to identify opportunities to participate early in the rule making process or to intervene in litigation to ensure that our clients’ points of view are considered from the start when changes in environmental law may impact their interests.
The attorneys in the environmental practice group are regularly called upon to lecture, speak, and teach on a wide range of environmental topics, and have recently made presentations to clients on issues under the Endangered Species Act, the Clean Water Act, and the National Environmental Policy Act. The experienced, knowledgeable professionals in Smith Currie’s environmental practice group have the background, experience, and ability to provide our clients with sound, practical advice on the many environmental statutes, regulations, and problems they face.
Representative Experience
- In Situ and Ex Situ Environmental Remediation Projects
- Clean Water Act Permitting Issues on Georgia Highway Project
- Solid Waste Compliance Issues on Multiple Projects in Georgia
- Slurry Wall projects in Colorado, Florida, and Mississippi
- Cleanup of contaminated fish runs at Montana hatchery
- Negotiation of additional time and compensation for numerous clients whose work has been delayed by environmental issues
- Litigation of breach of contract claims nationwide where the responsible party has failed to obtain required environmental permits
