ENVIRONMENTAL LAW ATTORNEYS

Both federal and state laws govern hazardous materials and waste management. Regarding federal law, the U.S. Environmental Protection Agency (EPA) regulates most matters on hazardous waste under the Resource Conservation and Recovery Act (RCRA). Per the EPA, hazardous waste is “a waste with properties that make it dangerous or capable of having a harmful effect on human health or the environment.” There are many different actions and processes that can result in hazardous waste, including many types of manufacturing. Under the RCRA, only solid waste is classified as hazardous waste. Therefore, certain types of materials are excluded from regulation under the RCRA.

Additionally, state laws govern some hazardous materials and waste management issues. Therefore, depending on the specific facts of your case, you may be able to file a claim under federal or state law.

Hydropower licensing can be extremely complicated. The Federal Energy Regulatory Commission (FERC) is the federal body that “licenses and relicenses hydroelectric projects, including new hydrokinetic technologies.” As the FERC explains, it is “an independent federal agency with a mission to regulate and oversee energy industries in the economic, environmental, and safety interests of the American public.” The FERC issues preliminary permits and licenses, enforces the terms of the permits and licenses, and conducts safety and environmental inspections on hydropower projects.

To develop a hydropower or hydroelectric project, you will likely need to begin by getting a preliminary permit. A renewable energy attorney can discuss this process with you. Additionally, they can help you to seek an original hydropower license, obtain a new hydroelectric license, or relicense.

Various federal and state laws govern land use and development matters. Zoning is the most common type of land-use regulation. In some cases, local and regional laws can impact these projects. These laws and regulations restrict the types of buildings or structures being built or the need to preserve areas of cultural or historical significance.

Complex issues can arise when developing land in any geographic area. If you have an interest in or concerns about land use and development, you should speak with a land use and development attorney. They can assist you with all steps, from planning and permitting strategies to preparing environmental impact documentation and protecting your development rights.

Fossil fuels are one of the primary energy sources in the world today. As a result, they impact individuals and businesses alike in many different industries. Fossil fuels include coal, oil, and natural gas. They are mined and pumped in various U.S. states, as well as in regions across the globe.

Various federal laws and regulations govern issues on fossil fuel production and mining in the U.S. For example, the Energy Policy Act of 2005 has affected the production of fossil fuels in some ways. Different presidential administrations have shifted regulations concerning oil drilling and other fossil fuel production

Depending upon the specific issue, the Clean Water Act (CWA) and other federal environmental laws may apply to a legal issue concerning mining and fossil fuel production. Even if your land is privately owned, you are subject to many rules and regulations that can affect the extraction of certain types of energy. If you have questions about your rights and obligation under environmental laws and regulations, you should speak with a fossil fuel production attorney.

Everyone should have access to clean water. Injuries caused by poor water quality from contamination or pollution may give rise to a legal claim. At the same time, many natural resources law and climate change cases involving water rights pertain to a landowner’s rights to access and use specific bodies of water. These issues largely depend upon state law, although some federal laws may apply to water quality cases.

The Clean Water Act (CWA) is a federal law that governs specific quality standards for and regulation of pollutants in surface waters. Surface water is a term that refers to any body of water on the surface of the land, even if it only exists for part of the year. Surface waters include saltwater bodies and freshwater lakes, rivers, and streams. Most significantly, the CWA makes it unlawful for an individual or entity to pollute navigable waters. While understanding the CWA can be complicated, our natural resources attorneys can discuss your situation with you and whether you may be able to file a claim.

When it comes to landowner water rights, we also routinely assist individuals and entities alike with matters concerning riparian rights. Riparian rights are landowners’ rights to surface water that is on or adjacent to their land. For example, if either a residential homeowner or a large farming operation owns land that borders a river or lake, that landowner may have the right to use that water. Riparian rights are handled differently depending upon the state where you own the land. Accordingly, it is important to speak with a water rights attorney about your options.

Most legal matters pertaining to wildlife and endangered species are governed by the federal Endangered Species Act (ESA). This particular federal law “provides a program for the conservation of threatened and endangered plants and animals and the habitats in which they are found.” A variety of federal agencies are responsible for implementing and enforcing the ESA. This includes the U.S. Fish and Wildlife Service (FWS) and the U.S. National Oceanic and Atmospheric Administration (NOAA). This federal law governs certain issues pertaining to the destruction of land on which endangered species live. It also governs changes to the land that includes a critical habitat of an endangered species. Additionally, this law governs the import and export of certain species.

If you want to make changes to your privately owned land, the ESA can pose significant complications to your project. If you are advocating for animal rights on particular land under the ESA, it can be difficult to have the standing to sue. This is due to the U.S. Supreme Court decision in Lujan v. Defenders of Wildlife (1992).

The environmental lawyers at Whitcomb Selinsky, PC, serve a diverse range of businesses that interact with natural resources, including manufacturing companies, energy producers, land developers, and agricultural enterprises. Industries involved in mining, fossil fuels, real estate development, and waste management frequently require legal expertise to navigate complex environmental regulations and mitigate potential risks.

Staying compliant with evolving environmental regulations requires continuous monitoring and proactive measures. Businesses can benefit from regular environmental audits and assessments, subscribing to regulatory updates, and engaging in industry associations. Partnering with an experienced environmental attorney from Whitcomb Selinsky, PC ensures businesses receive timely advice and can implement necessary changes to remain compliant.

Non-compliance with environmental laws can result in significant penalties, including hefty fines, business operation suspensions, and costly remediation efforts. In severe cases, criminal charges may be brought against individuals responsible for violations. Additionally, businesses may face reputational damage and loss of public trust, which can have long-term financial implications.

An environmental attorney plays a crucial role in conducting thorough environmental audits and assessments. They help identify potential compliance issues, assess environmental risks, and provide strategic recommendations for mitigation. Their expertise ensures that businesses adhere to legal standards and avoid potential liabilities, ultimately safeguarding their operations and reputation.

If accused of violating environmental laws, a business should immediately seek legal advice from an experienced environmental attorney at Whitcomb Selinsky, PC. One of our attorneys will guide the business through the investigation process, help gather and present evidence, and develop a defense strategy. Prompt action and cooperation with regulatory authorities are essential to mitigate potential penalties and resolve the issue effectively.

Environmental laws significantly impact mergers and acquisitions by necessitating comprehensive environmental due diligence. This process involves assessing the target company's compliance with environmental regulations, identifying potential liabilities, and evaluating the costs of necessary remediation. An environmental attorney ensures that both parties understand the environmental risks and liabilities, facilitating informed decision-making and smooth transactions.

Environmental attorneys are pivotal in environmental litigation, representing clients in disputes over regulatory compliance, contamination, land use, etc. They develop robust legal strategies, gather expert testimony, and advocate for their clients in court. Whether defending against claims or pursuing legal action, their expertise is essential for navigating complex legal landscapes and achieving favorable outcomes.

Environmental insurance provides businesses with financial protection against environmental liabilities, such as cleanup costs, legal fees, and damages resulting from pollution incidents. This type of insurance helps businesses manage risks associated with environmental exposures and ensures they have the resources to address unforeseen environmental issues without jeopardizing their financial stability.

Key environmental regulations businesses must be aware of include the Clean Air Act (CAA), Clean Water Act (CWA), Resource Conservation and Recovery Act (RCRA), and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Additionally, businesses should understand state-specific regulations and international laws relevant to their operations. Compliance with these regulations is critical to avoid legal penalties and ensure sustainable business practices.