Environmental, Administrative & Regulatory Law

Nexsen Pruet has an extensive environmental, administrative and regulatory law practice.  It includes permitting and enforcement, transactions, litigation and lobbying capabilities. Our practice consists primarily of corporate representation.

Environmental

The firm is involved all phases of environmental representation. There are many environmental concerns which must be considered in the siting, permitting, and operation of industrial, manufacturing, service, or research and development facilities, the purchase of and lending for commercial or industrial properties, and environmental insurance coverage litigation.

Site Selection and Evaluation Process
A Transaction Screen or Phase I Environmental Site Assessment of the property and adjoining areas is a must to minimize potential environmental liability for prospective purchasers and lenders. In addition to the Site Assessment, a wetlands delineation of the purchased property is mandatory if federal permits are needed for dredging and filling wetlands. Also, if such federally-permitted activities are involved, both endangered species and historic preservation issues must be addressed.

Site Remediation Issues
Sites at which releases of petroleum products or hazardous substances, such as solvents, present industry with complex challenges. These challenges include assessment, evaluating remedial options, negotiation with governmental agencies and third parties, and marketing the continued use of the property.

Regulations
These issues related to representing a regulated industry or a lender holding as collateral property used as a regulated facility.

• Air Permitting. Almost any manufacturing facility is likely to result in air emissions which are required to be permitted. These would include, but are not limited to, activities such as the installation of boilers emitting particulates and steam, dust collectors controlling particulates, or process equipment emitting volatile organic compounds. Unless otherwise exempt, a construction permit is required prior to commencing any site activities. Certain facilities may also be subject to the federal/state Title V operating permit program.
• Wastewater and Stormwater Permitting. New industrial facilities will require permits in advance of construction of wastewater treatment and pretreatment facilities for process and sanitary wastewater streams. Also, a federal/state permit is required for a direct discharge into a waterway or an industrial user permit for a discharge to a publicly-owned treatment system. In addition, stormwater discharge permits are required for construction activities which involve disturbances of greater than 2 acres. A stormwater discharge permit may also be required for certain on-going industrial activities.
• Solid and Hazardous Waste. All industrial solid waste must be characterized in order to determine the proper management requirements. The transportation, treatment, storage, and disposal of hazardous wastes are strictly controlled. Land disposal facilities for non-hazardous waste, including industrial sludges, are also regulated. Permits may also required for solid waste management facilities, such as compactors, transfer stations, recycling or recovered materials processing facilities.
• Drinking Water. On-site drinking water systems for employees may be subject to certain pre-construction permit and operating permit requirements. Additional requirements will be applicable to such systems, which are self-contained using a dedicated source of on-site supply.
• Miscellaneous. Underground storage tanks (petroleum and hazardous substance), are regulated and financial responsibility requirements are applicable to petroleum USTs. Several statutes require periodic filing of reports on inventories and emissions of certain chemicals. These may vary considerably depending upon the nature of the activity.

Insurance Coverage
The firm is currently representing clients in litigation involving environmental insurance coverage. This representation includes insureds attempting to invoke coverage as well insurers who have denied coverage. As such, several of the firm's attorneys have extensive experience in all aspects of environmental insurance issues.

Alternative Energy
Our firm is uniquely positioned through its industry knowledge, as well as practical experience, to partner with alternative and renewable energy industries as they seek to grow their business by providing sustainable and environmentally-friendly sources of fuel and power generation.  Our practice addresses all aspects of starting and running a successful alternative energy company. 

Administrative and Regulatory

Nexsen Pruet's administrative and regulatory group often assists clients in licensing, permitting and compliance matters and in responding to enforcement actions brought by various agencies. As government intervention in the activities of organizations and individuals increases, the need for responsive legal service grows.

Our active practice in this area is designed to satisfy our clients' needs as well as the regulatory requirements. Our experience includes all areas of state and federal regulations and members of our group frequently appear before administrative law judges and regulatory agencies.

Hospitality
Our hospitality law practice is designed to satisfy all of our clients' needs and our experience includes federal, state and local regulations.  Members of our hospitality law group frequently appear before administrative law judges and regulatory agencies.

Alcohol:  Beverages and Products
The sale, production and distribution of alcohol are among the mostly heavily regulated aspects of the hospitality and tourism industries.  Our alcoholic beverages and products team can help you navigate the state and local requirements that can vary greatly when it comes to licensing.

The above information is intended only as a short summary of possible issues affecting the firm's clients.   Attorneys in our Environmental, Regulatory and Administrative Law Group work closely with other practice areas such as Litigation, Economic Development, Construction and Real Estate. 

*Registered Lobbyist