Environmental

Arnstein & Lehr Environmental, Regulatory, and Governmental Affairs attorneys provide counsel on environmental liabilities, regulatory requirements, and administrative standards. We have handled all types of environmental issues in the context of litigation, enforcement, administrative actions, permits, and corporate and real estate transactions. Our attorneys are well versed in issues related to contaminated property, waste disposal processes and procedures, air pollution, and water pollution. We also have experience regarding regulatory issues related to asbestos in buildings (renovation, demolition and enforcement) and concerns associated with transportation of hazardous materials.

As a group, our objective is to effectively advise clients on how to achieve and maintain environmental and regulatory compliance in order to avoid litigation. However if litigation is necessary, our lawyers are fully prepared to aggressively protect our clients’ interests.

We represent financial institutions, real estate organizations, manufacturers and producers of various materials and products, including – building materials, oil and gas, coal and aggregate, chemicals, metal products, recyclers, scrap dealers, fabricators, transporters, wetlands operators, and agricultural food producers. We also represent municipalities, individuals, partnerships, and limited liability companies as owners and potential owners of real property, as well as operators and permitted and unpermitted facilities.

Examples of Our Services

  • We advise owners and purchasers of potentially contaminated property, industrial property, and manufacturing operations on all types of environmental due diligence, including the All Appropriate Inquiry Standard, Phase I and Phase II Environmental Site Assessments, and Compliance Audits focuses on environmental enforcement and regulatory compliance.
  • We litigate matters related to liability associated with allegedly contaminated property initiated by government agencies, third parties – or by our clients seeking to impose liability on others – under federal and state statutes, regulations and the common law.
  • We defend our clients involved in Clean Air Act investigations and enforcement actions. We advise clients on compliance with the Clean Air Act and related permits, regulations, and policies, including with respect to New Source Review, New Source Performance Standards, Hazardous Air Pollutants, Title V Operating Permits, and Greenhouse Gases.
  • We counsel clients on issues related to the development of properties containing federal jurisdiction and isolated wetlands regulated by the United States Army Corps of Engineers and local agencies.
  • We counsel clients and defend enforcement actions related to compliance with the Clean Water Act and issues related to the Pretreatment Standards and NPDES Permits.
  • We counsel clients on reporting reporting requirements of the Emergency Planning and Community Right-to-Know Act.
  • We advise clients on insurance coverage for defense and indemnification of alleged environmental liability.
  • We advise clients on environmental matters in the context of landlord-tenant relationships.
  • We advise clients concerning underground storage tank compliance.
  • We advise clients concerning voluntary and risk-based cleanup programs, including Illinois’ Site Remediation Program and other state voluntary programs.
  • In the Chicago office, our lawyers are licensed in Illinois and Indiana and we have four offices in Florida available to assist our clients with the same care and competency.