Bullivant Houser Bailey's Environmental law team has an extensive background in permitting, regulatory compliance and litigation associated with site contamination, natural resources and industrial and commercial activities.
Our Environmental group assists public and private companies, municipalities, non-profit organizations, business owners, and individuals on a diverse range of matters, particularly in relation to compliance with the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). The Environmental group is uniquely positioned to assist clients in matters involving the Resource Conservation and Recovery Act (RCRA), the Clean Water Act (CWA), the Clean Air Act (CAA) and corresponding state law regulatory programs, and the Endangered Species Act (ESA). Our team has also been retained to analyze proposed federal projects under the National Environmental Policy Act (NEPA), as well as SEPA and CEQA for projects under state jurisdiction.
In this capacity, associated regulatory compliance issues frequently include:
- Risk analysis, assessment and litigation for properties with environmental contamination
- Cost recovery defense and prosecution
- Air and water pollution discharge permits and compliance
- Natural resource damage claims and recovery
- Habitat preservation and conservation agreements
We also have significant experience assisting clients with the development, sale or purchase of real estate in industrial and/or commercial areas, as well as involvement in insurance coverage issues related to environmental claims.
In addition, the firm has extensive experience counseling Indian tribes on environmental-related matters, particularly natural and cultural resource protection. This includes representation of tribes on issues involving Natural Resource Damage claims under CERCLA; protection and repatriation of tribal remains, associated funerary objects and artifacts under the Native American Graves Protection and Repatriation Act; and coordination and consultation under Section 106 of the National Historic Preservation Act. Members of our environmental group also have experience drafting agreements between tribes and local and state governments concerning projects through, and excavations on, tribal historic territories throughout the state.