Polsinelli’s national Environmental team assists clients with all aspects of environmental law, including environmental support for corporate, energy and real estate transactions, remediation of contaminated sites, regulatory compliance and government enforcement actions. With decades of experience, our team advises clients on environmental issues from coast to coast and can assist with understanding complicated federal, state and local regulations.

Transactional

The Polsinelli Environmental team understands the importance of getting corporate or real estate transactions across the finish line, and it is our goal to reduce and reallocate any potential risks identified during the transaction process. We are able to assist with transactions pertaining to any industry and deal structure, and can advise on environmental issues throughout the life of the transaction – including once the deal has closed.

When environmental issues present themselves during a transaction, our focus is to understand the bigger picture and work through potentially applicable regulations, permits and/or certifications to identify solutions that move the deal forward and accomplish our client’s goals. Our team is also well-versed in reviewing environmental diligence materials and working with opposing parties to obtain favorable terms for our clients on buy-side and sell-side transactions.

Remediation of Contaminated Sites

When our clients are confronted with properties requiring remediation, our experience navigating federal and state cleanup programs is invaluable to ensuring the project’s successful completion. By working side-by-side with our clients to complete countless remediation projects under federal programs such as CERCLA and RCRA, or state voluntary cleanup programs, we are well-equipped to develop and implement strategies to efficiently identify and remove contamination from a site and return it to productive use. Whether remediation occurs per a government consent order or voluntarily, we seek a collaborative approach with our clients and the regulators overseeing the project to secure site closure and any available liability protections resulting from completion of the cleanup. 

Regulatory Compliance & Enforcement Actions

The Polsinelli Environmental team assists clients with federal and state enforcement actions, regulatory compliance and facility self-audits to ensure facilities are, and remain, in compliance with all local, state and federal regulations.

Should a facility be the subject of an Environmental Protection Agency (EPA) or state enforcement action, our team has the experience necessary to respond and work with the enforcing agency to resolve the potential issues as efficiently as possible. Our team has experience resolving notices of violations, negotiating remedies and defending clients in proceedings before various regulating entities, including EPA, Department of Justice and state equivalents, and responding to information requests or other inquiries from government agencies.

We are also experienced with assisting facilities in managing day-to-day environmental operations of any type of business, including those in the automotive, steel, rubber, semiconductor, construction, mining and health care industries. When our clients are interested in expanding or developing a site, we counsel on applicable permits and assist with navigating the regulations necessary to get the project completed.

    Lastly, we regularly monitor and opine on current and emerging rulemakings across the United States to advise clients on how to best operate their respective facilities within those regulations. Should a question arise about an upcoming or recently finalized rule, our team is able to assist in understanding that regulations’ applicability and providing guidance as to how compliance can be obtained in light of the client’s specific operations. 

    We regularly advise federal, state and local regulations, including:

    • Clean Air Act (CAA)
    • Clean Water Act (CWA)
    • Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
    • Emergency Planning and Right to Know Act (EPCRA)
    • Endangered Species Act (ESA)
    • National Environmental Policy Act (NEPA)
    • Resource Conservation and Recovery Act (RCRA)
    • Toxic Substances Control Act (TSCA)
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    Publications
    Extended Producer Responsibility Laws Expand Across States; Key Compliance Deadlines Approaching
    Key Takeaways Packaging extended producer responsibility laws are now in effect in seven states, with additional states advancing similar frameworks. These laws shift responsibility for packaging waste management from municipalities to companies placing materials into the market. These laws create state-specific compliance obligations, including PRO participation, reporting and fee payments. Noncompliance can trigger enforcement referrals and significant penalties as deadlines take effect between 2025 and 2030. Companies should assess whether they qualify as obligated producers and identify applicable state requirements, and focus on upcoming registration and reporting deadlines, including upcoming deadlines on May 31, 2026. Extended Producer Responsibility (EPR) laws are expanding rapidly across the United States. These laws shift the financial responsibility for collecting, recycling and managing packaging waste from consumers and municipalities
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    PFAS Risk in the Development Lifecycle
    Emily Pulcher of Burns & McDonnell was a contributing author to this article. From initial property acquisitions to construction, financing and eventual disposition, per- and polyfluoroalkyl substances (PFAS) are no longer just considered an “emerging issue” — they are at the forefront of almost every real estate and development transaction and among the most rapidly evolving environmental considerations facing real estate developers today. At the federal level, the U.S. Environmental Protection Agency (EPA) is moving to regulate and seek information regarding PFAS and their usage. Meanwhile, state regulators have started regulating PFAS in soil, groundwater, drinking water, manufacturing processes and even consumer products, often more aggressively than their federal counterparts. But while the federal and state regulations vary significantly, the goal is
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