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The Environmental and Natural Resources group at Polsinelli Shughart PC provides representation and advice in all areas of environmental, energy, health and safety, and natural resources law. Our nationally focused practice helps our clients with the following:

Understand the impact of environmental laws, regulations and policies on their businesses and organizations
Shape those laws, regulations and policies through advocacy before federal, state and local law makers and regulatory agencies
Obtain necessary permits and authorizations
Minimize compliance and related liability
Develop and maintain constructive working relationships with regulators

We are experienced in the traditional media-based issues -- air, water, waste and soil -- as well as chemical-based requirements, endangered species, and the emerging areas of greenhouse gas, emissions, alternative energy and sustainability. We work with a wide spectrum of industries and issues, including mining, land development, industrial operations, due diligence, waste management, superfund clean up, brownfields redevelopment, sustainability counseling, contamination remediation, power development, chemical and pesticide regulation, NEPA reviews and chemical and spill reporting requirements.

And when a client needs to go to court, we pursue an active defense or prosecution for a cost-effective solution that serves the client’s needs. Our environmental litigation experience runs the gamut from judicial review of regulations and other agency actions, to enforcing contractual indemnifications, to recovering clean-up costs from other responsible parties, to defending against civil and criminal government actions. In addition, Polsinelli Shughart has deep experience in recovering insurance coverage for environmental clean-up costs and defending against toxic torts.

The Environmental and Natural Resources Group provides effective and efficient legal assistance in a manner that shows our clients that their goals are our goals.

Wind developers in areas used by bald or golden eagles may now be able to get some insight into conservation measures and commitments likely necessary to obtain a "take permit" under the Bald and Golden Eagle Protection Act.

On June 20, 2011, the Supreme Court of the United States held 8-0 that a group of plaintiffs could not assert federal “public nuisance” claims against major emitters of greenhouse gas (GHG) to require reductions in emissions that allegedly contribute to global warming. Connecticut v. Am. Elec. Power Co., No. 10–174 (U.S. June 20, 2011) (AEP II). Had the Supreme Court allowed the suit to go forward, GHG-emitting industries could have expected a flood of lawsuits by states, municipalities and even private plaintiffs grounded in federal common law. Importantly, however, the Supreme Court did not entirely shut the door on public nuisance law as a means to control GHG emissions. Rather, the Court left it to the lower courts to determine whether such lawsuits can go forward on the basis of state law.

The Environmental Protection Agency (EPA) recently issued a draft guidance document describing methods for health care faculties to legally manage and dispose of unused pharmaceuticals and avoid violating federal or state laws.

December 23, 2011	Polsinelli Shughart Shareholder Elected President of Environmental Professionals of Arizona
May 11, 2010	Polsinelli Shughart Further Expands Environmental Capabilities with the Addition of Barton Day
March 26, 2010	Success Drives Growth, Polsinelli Shughart Announces Major Expansion in Phoenix as 12 Attorneys Join Firm

January 20, 2012	Wind Developer To Obtain First Permitted "Take" Under the Bald and Golden Eagle Protection Act Wind developers in areas used by bald or golden eagles may now be able to get some insight into conservation measures and commitments likely necessary to obtain a "take permit" under the Bald and Golden Eagle Protection Act.
July 5, 2011	Climate Change Tempered by High Court: Supreme Court Unanimously Rejects Federal Common Law Nuisance Claims On June 20, 2011, the Supreme Court of the United States held 8-0 that a group of plaintiffs could not assert federal “public nuisance” claims against major emitters of greenhouse gas (GHG) to require reductions in emissions that allegedly contribute to global warming. Connecticut v. Am. Elec. Power Co., No. 10–174 (U.S. June 20, 2011) (AEP II). Had the Supreme Court allowed the suit to go forward, GHG-emitting industries could have expected a flood of lawsuits by states, municipalities and even private plaintiffs grounded in federal common law. Importantly, however, the Supreme Court did not entirely shut the door on public nuisance law as a means to control GHG emissions. Rather, the Court left it to the lower courts to determine whether such lawsuits can go forward on the basis of state law.
December 20, 2010	Climate Change Litigation Heats Up: Supreme Court to Review Public Nuisance Claims Against Greenhouse Gas Emitters
November 3, 2010	No Flushing Allowed: EPA Issues Guidance On Disposal of Unused Pharmaceuticals The Environmental Protection Agency (EPA) recently issued a draft guidance document describing methods for health care faculties to legally manage and dispose of unused pharmaceuticals and avoid violating federal or state laws.
September 10, 2010	One Thing Leads to Another: Environmental Protection Agency Takes Another Step Toward Regulation of Stationary Sources of Greenhouse Gases On August 12, 2010, the U.S. Environmental Protection Agency announced two new rules which, according to the Agency, are needed to ensure nationwide implementation of the greenhouse gas “Tailoring Rule” that the Agency finalized in May 2010. The Tailoring Rule, when fully implemented during 2011, will require thousands of facilities that emit greenhouse gases (including carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride) in quantities above certain annual thresholds to obtain operating or preconstruction/modification permits for the first time.
July 7, 2010	Vigorous Civil and Criminal Enforcement Will Continue to Play a Central Role in EPA's Strategic Plan The Environmental Protection Agency (EPA) is seeking public comment on its Draft FY 2011-2015 Strategic Plan (Strategic Plan) which sets forth EPA’s long-term vision, strategic goals and the strategies to achieve them. Click through to read about the EPA's goals and their plans for enforcement.
May 27, 2010	Risk Reduction Strategies under EPA's Toxic Release Inventory Program With spring well upon us, operators of manufacturing facilities must turn their attention to Toxic Release Inventory (TRI) reporting to avoid the financial consequences of noncompliance. With advance planning and preparation, the risks of getting caught in the TRI enforcement web, or at least the damage there from, can be minimized.

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