Environmental regulations can be burdensome and complex, and a failure to obtain required approvals or to comply with regulatory requirements can be disastrous even for an otherwise thriving business. Polsinelli’s Environmental and Natural Resources professionals understand the business challenges involved in regulatory permitting and compliance, as well as the need to proactively manage these issues effectively in a business context.

We regularly work with clients to identify permitting and compliance issues and to develop and implement appropriate strategies, addressing them with a focus on risk management. We also work closely with our clients – and with the agencies that regulate them – to obtain timely permits or other approvals, to negotiate compliance terms, and to resolve issues minimizing both the burdens of compliance and risks of disputes going forward.

Our relationships with regulators are ones of recognized substantive knowledge and integrity which allows our clients to develop and maintain constructive working relationships with the agencies regulating them. We are also prepared to respond to unreasonable agency intransigence by being as hard on the issues – and as zealous in the pursuit of administrative or judicial remedies – as is appropriate and justified under the circumstances.

Whether our clients are transferring or obtaining permits, licenses, authorizations or titles, or whether they experiencing difficulties or regarding permits, reporting requirements, or other local, state and federal environmental laws or regulations, we provide our clients with the extensive experience required to protect their business interests, reduce costs and minimize their exposure to risks.

  • Representation regarding compliance with various state and federal statutes and regulations including: the Toxic Substance Control Act (TSCA); Clean Water Act (CWA); Clean Air Act (CAA); Occupational Safety and Health Act (OSHA); Mine Safety and Health Act (MSHA); Resource Conservation and Recovery Act (RCRA); Comprehensive Environmental Response, Compensation and Liability Act (CERCLA); Endangered Species Act (ESA); National Environmental Policy Act (NEPA); and Brownfields Redevelopment among others.
  • Representation regarding alleged violations and self-disclosure reporting of Emergency Planning and Community Right-to-Know Act (EPCRA) and the Clean Water Act (CWA) compliance matters.
  • Representation of developers and property owners in complying with state and federal environmental laws.
  • Representation of a limestone quarry operator regarding the transferring of state permits following acquisition of another company.
  • Representation regarding assessing strategies for compliance with U.S. EPA Unilateral Administrative Order (UAO) and reimbursement of costs of compliance with the UAO.
  • Representation regarding permitting needs for oil and gas exploration and production facilities in Kansas and Louisiana.
  • Representation regarding obtaining and complying with the environmental permits necessary for various biomass facilities and projects on the East Coast.
  • Representation regarding amendment and transfer of federal and state licenses associated with a uranium mine.
  • Representation regarding regulatory options and restrictions for handling and treating wastewater from hydraulic fracking in Kansas.
  • Representation of mining, quarrying and construction companies through all phases of site permitting, including obtaining state air permits, water permits, post-mining reclamation permits and land disturbance permits.
  • Representation of a chemical manufacturer in interconnected federal and state enforcement and permitting actions threatening the viability of its largest production facility, successfully contesting adverse agency actions and ultimately negotiating a constructive long-term resolution of all issues.
  • Representation regarding defense of claims and compliance with the California's Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65).
  • Representation regarding U.S. Forest Service grazing lease rules and regulations.
  • Representation of land owners, prospective purchasers and other “owners/operators” in various aspects of site remediation including permitting, financial assurance, compliance with risk-based standards and issues concerning leaking storage tanks.
  • Representation of various industrial and mining clients in obtaining all necessary water, air, discharge and other permits to commence, expand and curtail operations as well as for remedial efforts as needed.