Environmental Regulation
Environmental Regulation
Kelley Drye advises clients in regulatory and transactional matters, capitalizing on our industry knowledge, environmental experience and familiarity with how key risks can evolve into litigation or enforcement actions.

We draft, analyze and negotiate environmental indemnity and assumption provisions in a multitude of contexts.  Additionally, our attorneys provide environmental and other due diligence analysis for companies contemplating sales and acquisitions.  We are able to provide our clients with critical investigative and risk analysis for these important business decisions.  On the operational side, our lawyers assist with permits for construction and operation of new air sources, wetlands and water quality certifications, and pipeline construction authorizations, among others.  Our experience also extends to counseling clients subject to enforcement under the Clean Water Act and Oil Pollution Act arising from leaks and spills.

Regulatory Counseling and Response

The attorneys at Kelley Drye combine legal experience, practical knowledge and technical ability to assist clients in effectively navigating an often complex regulatory process.

Environmental practitioners at Kelley Drye provide the full range of regulatory representation to both private- and public-sector clients.  Our regulatory attorneys routinely counsel clients on applicability of regulatory requirements, compliance assurance, release reporting and spill response.  Kelley Drye helps clients evaluate the need for obtaining permits and, when needed, in securing permits for air emissions, wastewater discharges, and waste generation and disposal.  We provide representation in negotiations with federal and state agencies in remediation, permitting, and enforcement matters and in stakeholder proceedings, including submission of formal comments to agency rule making.

We work proactively with our clients to minimize environmental risks and maximize practical solutions, including ascertaining relative responsibilities with other responsible parties and governmental agencies and preserving our clients’ rights and privileges in the event of future litigation.  We have assisted many clients with developing compliance assurance measures such as audit programs, greenhouse gas (GHG) and other air emissions inventories, preparedness plans for agency inspections, emergency response protocols, due diligence and compliance checklists, and environmental management systems.

Unaddressed environmental risks can often lead to penalty or enforcement actions.  Our attorneys have the depth of experience to provide strong representation at penalty conferences and administrative hearings and in negotiating consent decrees and administrative settlements.  By addressing environmental incidents early and aggressively, we seek to limit our clients’ future costs and exposure.  Because of our extensive environmental litigation experience, we know the issues that can arise later in litigation.  With this knowledge, we can help clients avoid potential pitfalls and best position themselves during the regulatory process in the event of later litigation.

Transactional Matters

In addition to representing clients in environmental regulatory and litigation matters, our attorneys represent clients in efforts to limit or avoid exposure to environmental problems associated with business transactions.  Environmental laws and regulations assign environmental liabilities based on the ownership of land and operation of commercial and industrial facilities; thus businesses must factor environmental considerations into their transactions and operations.  Because our attorneys regularly litigate environmental matters, we see firsthand the issues that could be avoided or mitigated with proper due diligence and environmental risk management.  We have represented a wide variety of clients, including real estate developers, landlords and tenants, manufacturers, governmental agencies and institutional landowners, in transactions involving contaminated properties.

The attorneys at Kelley Drye routinely negotiate and facilitate mergers and asset sales and purchases of businesses with environmentally impacted properties or environmentally sensitive operations.  The firm’s attorneys have particular experience in property transfer issues, easement and leasehold negotiations, sale and leaseback arrangements, indemnity protections, and the negotiation and administration of property cleanup and remediation agreements.  We also work through the due diligence process, including evaluation of Phase I and Phase II reports or other site assessments, and review of permits, operational data and agency records, to ensure all appropriate inquiries are conducted and that transactions are structured to account for environmental liabilities.  Similarly, our attorneys work with our clients to develop and implement contractual and regulatory safeguards to environmental risk, including environmental indemnities and warranties, cleanup and remediation agreements, and environmental insurance, as well as participation in state voluntary cleanup programs and federal Brownfields initiatives.

In sum, at Kelley Drye, we strive to provide our clients with environmental counsel and guidance over the life of a transaction or business that adds substantial value and reduces long-term operational costs and liabilities.

Environmental Compliance Counseling

Advising clients on compliance with environmental laws and regulations requires a unique set of legal and technical abilities.  The attorneys at Kelley Drye have the practical knowledge and technical experience necessary to achieve our clients’ goals within the regulatory process, whether those goals are compliance monitoring and assurance, investigation and reporting of contamination, responding to spills or air releases, monitoring agency investigations, or mitigating penalties and resolving enforcement actions.  Many of our attorneys have science or engineering backgrounds, industry experience, or previous tenure with federal and state agencies or nongovernmental organizations, providing a unique understanding of the technical and legal complexities frequently presented in environmental disputes.

Our attorneys have years of experience in regulatory compliance, reporting and cleanup of contamination, agency inspections and investigations, and similar environmental issues.  When technical investigations are needed, we draw on our technical knowledge and professional relationships to recommend top-quality environmental professionals, assist in developing the scope of investigation, and facilitate the client’s understanding of the results.

Contaminated Real Estate Transactions

At Kelley Drye, our environmental transactional attorneys bring decades of experience in sorting out and effectively dealing with the complications that contamination presents in a real estate transaction.

Kelley Drye identifies environmental risk and adds significant value in corporate and real estate transactions.  Because multiple environmental laws and regulations assign environmental liability based on ownership status, businesses must consider environmental risks to effectively value corporate and real estate transactions.  We have long represented clients, including governmental and institutional landowners, landlords and tenants, operators and real estate developers, in transactions involving potentially contaminated properties.

We have extensive experience in negotiating and drafting environmental components of purchase and sale agreements and commercial leases, environmental indemnities, remediation agreements, access agreements and consulting services contracts to address issues identified during environmental due diligence.  We also can assist clients with evaluating environmental insurance products to address unknown environmental risks.

 
 

Overview

Kelley Drye advises clients in regulatory and transactional matters, capitalizing on our industry knowledge, environmental experience and familiarity with how key risks can evolve into litigation or enforcement actions.

We draft, analyze and negotiate environmental indemnity and assumption provisions in a multitude of contexts.  Additionally, our attorneys provide environmental and other due diligence analysis for companies contemplating sales and acquisitions.  We are able to provide our clients with critical investigative and risk analysis for these important business decisions.  On the operational side, our lawyers assist with permits for construction and operation of new air sources, wetlands and water quality certifications, and pipeline construction authorizations, among others.  Our experience also extends to counseling clients subject to enforcement under the Clean Water Act and Oil Pollution Act arising from leaks and spills.

Regulatory Counseling and Response

The attorneys at Kelley Drye combine legal experience, practical knowledge and technical ability to assist clients in effectively navigating an often complex regulatory process.

Environmental practitioners at Kelley Drye provide the full range of regulatory representation to both private- and public-sector clients.  Our regulatory attorneys routinely counsel clients on applicability of regulatory requirements, compliance assurance, release reporting and spill response.  Kelley Drye helps clients evaluate the need for obtaining permits and, when needed, in securing permits for air emissions, wastewater discharges, and waste generation and disposal.  We provide representation in negotiations with federal and state agencies in remediation, permitting, and enforcement matters and in stakeholder proceedings, including submission of formal comments to agency rule making.

We work proactively with our clients to minimize environmental risks and maximize practical solutions, including ascertaining relative responsibilities with other responsible parties and governmental agencies and preserving our clients’ rights and privileges in the event of future litigation.  We have assisted many clients with developing compliance assurance measures such as audit programs, greenhouse gas (GHG) and other air emissions inventories, preparedness plans for agency inspections, emergency response protocols, due diligence and compliance checklists, and environmental management systems.

Unaddressed environmental risks can often lead to penalty or enforcement actions.  Our attorneys have the depth of experience to provide strong representation at penalty conferences and administrative hearings and in negotiating consent decrees and administrative settlements.  By addressing environmental incidents early and aggressively, we seek to limit our clients’ future costs and exposure.  Because of our extensive environmental litigation experience, we know the issues that can arise later in litigation.  With this knowledge, we can help clients avoid potential pitfalls and best position themselves during the regulatory process in the event of later litigation.

Transactional Matters

In addition to representing clients in environmental regulatory and litigation matters, our attorneys represent clients in efforts to limit or avoid exposure to environmental problems associated with business transactions.  Environmental laws and regulations assign environmental liabilities based on the ownership of land and operation of commercial and industrial facilities; thus businesses must factor environmental considerations into their transactions and operations.  Because our attorneys regularly litigate environmental matters, we see firsthand the issues that could be avoided or mitigated with proper due diligence and environmental risk management.  We have represented a wide variety of clients, including real estate developers, landlords and tenants, manufacturers, governmental agencies and institutional landowners, in transactions involving contaminated properties.

The attorneys at Kelley Drye routinely negotiate and facilitate mergers and asset sales and purchases of businesses with environmentally impacted properties or environmentally sensitive operations.  The firm’s attorneys have particular experience in property transfer issues, easement and leasehold negotiations, sale and leaseback arrangements, indemnity protections, and the negotiation and administration of property cleanup and remediation agreements.  We also work through the due diligence process, including evaluation of Phase I and Phase II reports or other site assessments, and review of permits, operational data and agency records, to ensure all appropriate inquiries are conducted and that transactions are structured to account for environmental liabilities.  Similarly, our attorneys work with our clients to develop and implement contractual and regulatory safeguards to environmental risk, including environmental indemnities and warranties, cleanup and remediation agreements, and environmental insurance, as well as participation in state voluntary cleanup programs and federal Brownfields initiatives.

In sum, at Kelley Drye, we strive to provide our clients with environmental counsel and guidance over the life of a transaction or business that adds substantial value and reduces long-term operational costs and liabilities.

Environmental Compliance Counseling

Advising clients on compliance with environmental laws and regulations requires a unique set of legal and technical abilities.  The attorneys at Kelley Drye have the practical knowledge and technical experience necessary to achieve our clients’ goals within the regulatory process, whether those goals are compliance monitoring and assurance, investigation and reporting of contamination, responding to spills or air releases, monitoring agency investigations, or mitigating penalties and resolving enforcement actions.  Many of our attorneys have science or engineering backgrounds, industry experience, or previous tenure with federal and state agencies or nongovernmental organizations, providing a unique understanding of the technical and legal complexities frequently presented in environmental disputes.

Our attorneys have years of experience in regulatory compliance, reporting and cleanup of contamination, agency inspections and investigations, and similar environmental issues.  When technical investigations are needed, we draw on our technical knowledge and professional relationships to recommend top-quality environmental professionals, assist in developing the scope of investigation, and facilitate the client’s understanding of the results.

Contaminated Real Estate Transactions

At Kelley Drye, our environmental transactional attorneys bring decades of experience in sorting out and effectively dealing with the complications that contamination presents in a real estate transaction.

Kelley Drye identifies environmental risk and adds significant value in corporate and real estate transactions.  Because multiple environmental laws and regulations assign environmental liability based on ownership status, businesses must consider environmental risks to effectively value corporate and real estate transactions.  We have long represented clients, including governmental and institutional landowners, landlords and tenants, operators and real estate developers, in transactions involving potentially contaminated properties.

We have extensive experience in negotiating and drafting environmental components of purchase and sale agreements and commercial leases, environmental indemnities, remediation agreements, access agreements and consulting services contracts to address issues identified during environmental due diligence.  We also can assist clients with evaluating environmental insurance products to address unknown environmental risks.

Partner
Email (202) 342-8858(202) 342-8858
Bill Guerry co-chairs the firm’s Environmental Law group.  His practice focuses on environmental, renewable and alternative fuels and energy sources.  For over two decades, Bill ha...
Partner
Email (713) 355-5050(713) 355-5050
Bill Jackson is managing partner of the firm’s Houston and Austin offices and co-chair of the Environmental Law practice.  Bill has one of the most sophisticated and successful environm...
Partner
Email (713) 355-5024(713) 355-5024
Ann Al-Bahish litigates environmental, commercial and tort matters across the country and has tried cases in state and federal courts.  In addition to general litigation experience, Ann thoro...
Partner
Email (202) 342-8495(202) 342-8495
Litigator, trial and regulatory attorney, Mark Austrian, advises clients and litigates disputes on environmental, product liability, toxic tort, intellectual property, real estate and commercial m...
Partner
Email (973) 503-5920(973) 503-5920
Joseph Boyle focuses his practice on class actions and commercial litigation.  His experience includes various areas of consumer class action litigation and litigation involving telecommunica...
Partner
Email (212) 808-7534(212) 808-7534
Jon Cooperman is an experienced trial attorney. His practice focuses on all aspects of civil litigation, including commercial litigation and contract disputes; environmental law claims pertai...
Partner
Email (713) 355-5006(713) 355-5006
Kenneth Corley’s practice is focused on litigation and trial advocacy, with an emphasis on environmental and business disputes in state and federal trial courts. Kenny’s environme...
Partner
Email (202) 342-8525(202) 342-8525
Wayne advises heavily regulated companies and industries on environmental, health, safety and natural resources matters.  Wayne routinely works with clients on regulatory and compliance issue...
Partner
Email (713) 355-5055(713) 355-5055
Micheal Dobbs has nearly two decades of experience in commercial, environmental and tort litigation matters, with an emphasis on environmental litigation and regulatory matters.  He has serve...
Partner
Email (202) 342-8648(202) 342-8648
David Frulla practices in the areas of government relations and public policy, campaign finance and political law, litigation and environmental law.  A determined advocate, effective negotiato...
Partner
Email (713) 355-5005(713) 355-5005
John Gilmour co-chairs the Environmental Litigation section.  His practice encompasses significant commercial, tort and environmental matters from coast to coast, including some of the larges...
Partner
Email (212) 808-7729(212) 808-7729
Bud Holman is a partner in the firm's New York office. He served as the firm's managing partner for eight years and was a member of the Executive Committee for 21 years. Bud practices...
Partner
Email (713) 355-5023(713) 355-5023
Will Petit represents clients in the litigation and trial of environmental, commercial and general civil matters.  He also provides practical, cost-effective legal advice on general business ...
Partner
Email (512) 391-1737(512) 391-1737
John Riley represents clients in permitting and enforcement matters in the air, water and waste media.  He advises entities in the power generation, hydraulic fracturing, chemical, manufactur...
Partner
Email (512) 391-1727(512) 391-1727
Paul Sarahan represents clients in the energy, chemical, manufacturing, transportation, technology and retail industry sectors on environmental issues.  For more than two decades, Paul has be...
Partner
Email +(32)(2) 899-2931+(32)(2) 899-2931
Laura van der Meer is dedicated to assisting her clients in understanding and navigating complex international and European policy and legislative processes to better protect and advance their int...
Of Counsel
Email (202) 342-8514(202) 342-8514
John Wittenborn focuses his practice on environmental and energy regulatory and litigation matters at the federal and state levels, and throughout the United States.  John has more than three...
Director of Government Relations
Email (202) 342-8608(202) 342-8608
Dana Wood co-chairs the firm’s Government Relations and Public Policy group.  Dana has been a public policy advocate for more than three decades, representing client interests before Co...
Senior Advisor
Email (202) 342-8859(202) 342-8859
Lee Terry focuses on government relations and public policy matters in the health care, manufacturing, energy, environmental, telecommunications and data privacy, and cybersecurity areas.  Fr...
Special Counsel
Email (202) 342-8849(202) 342-8849
Joe Green advises on complex environmental regulatory matters for large and small corporate clients and national trade associations.  He is particularly skilled in translating complex busines...
Special Counsel
Email (973) 503-5936(973) 503-5936
Steven Humphreys concentrates his practice on all aspects of environmental law and related counseling of businesses.  He advises businesses in regulatory compliance and management of environme...
Senior Associate
Email (202) 342-8573(202) 342-8573
Travis Cushman’s practice focuses on energy law, environmental issues and complex commercial litigation.  Travis has represented corporate clients, public utilities and national trade or...
Associate
Email (713) 355-5002(713) 355-5002
Mark Donatiello is an associate in the firm’s Houston office. His practice concentrates on environmental and natural resources law.  He also works in regulatory law. Previously, Ma...
Associate
Email (202) 342-8534(202) 342-8534
Michele Hallowell is an associate in the firm’s Washington, D.C. office. Her practice focuses on commercial, regulatory, and litigation counseling in the fields of corporate, real estate, en...
Associate
Email (202) 342-8673(202) 342-8673
Anne Hawkins is an associate in the firm’s Washington, D.C. office. Her practice focuses on fisheries, natural resources, environmental, and administrative law. Anne draws upon her scientifi...
Associate
Email (512) 391-1627(512) 391-1627
Allison Lowry is an associate in the firm’s Austin office.  Her practice concentrates on environmental and natural resources law, with an emphasis on environmental litigation and regula...
Associate
Email (713) 355-5021(713) 355-5021
Jordan Rodriguez is an associate in the firm’s Houston office and represents clients in the litigation and trial of environmental, commercial, and general civil matters. He concentrates on en...
Associate
Email (713) 355-5009(713) 355-5009
Lauren Valastro is an associate in the firm’s Houston office. She represents clients in general civil, complex commercial, and environmental litigation matters, at the trial and appellate le...