We represent counties, municipalities, and townships on environmental issues affecting their citizens. This includes advice on how to comply with environmental requirements, as well as taking actions necessary to protect their communities. As former government enforcement attorneys and large-firm practitioners, we understand both the enforcement and defense perspectives on environmental challenges facing public-sector clients.
Compliance Counseling
We offer proactive advice on complex environmental issues to enable local governments to avoid enforcement and negative publicity from inadvertent violations of environmental requirements.
Enforcement Defense
Occasionally, local governments find themselves to be the targets of state or federal enforcement or a citizen suit. This enforcement might be a lawsuit, administrative order, notice of violation, or demand letter. Where municipal clients are the subject of government enforcement or citizen suits, we represent clients in settlement negotiations and defend them in litigation. In either case, we utilize our knowledge as former government enforcement attorneys to handle our clients’ defense.
Federal Facilities
When client communities are located near production plants or installations of the U.S. Department of Energy, U.S. Department of Defense, or other federal agencies, we advise these clients on the best course of action for dealing with contamination from these facilities. This might include negotiations with these agencies or the environmental agencies supervising remedial activities at the facilities. If necessary, we will take legal action to force the federal government to clean up hazardous substances and prevent toxic releases that threaten the community.
Permits
We negotiate changes to impractical or costly NPDES permits and other environmental permits. If necessary, we file appeals to contest unreasonable permit conditions. If someone appeals our clients’ permits, we defend the permits. We also advise clients on the measures necessary to comply with the issued permits.
Water Rights
More and more, local governments find themselves entangled in disputes over their water supplies. In some cases, neighbors accuse the water supply of drying up their wells or stream. In other cases, a company or another local government might deprive our clients’ citizens of needed water. We handle negotiations or lawsuits arising out of these disputes, and advise our municipal clients regarding how best to avoid these disputes before they result in litigation.
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