Environmental Law

Our Practice - What We Do
Snell & Wilmer's Environmental Law Practice focuses on providing value by working closely with clients and consultants. We use a team approach to analyze and establish realistic and obtainable goals that are designed to best meet our clients' goals. Our responsiveness and understanding of the ever changing environmental needs and requirements help us to provide useful solutions to environmental challenges. Our regional practice, with environmental attorneys located in five western states, provides our clients with an unparalleled level of service. Following are our primary areas of practice:

Brownfield Redevelopment

Compliance
Regulatory enforcement actions are a constant threat because of the multitude of complex requirements. We assist our clients in responding to such concerns using problem-specific and site-specific methods related to:

• Air quality - permits and conditions, compliance reports, variances, and exclusions
• Water quality - national pollutant discharge elimination system and Arizona pollutant discharge elimination system, storm water, and aquifer protection permits
• Drinking water systems
• Waste - solid, hazardous, and special waste permitting, handling, and reporting

Litigation
We provide our clients with knowledgeable and experienced environmental advocacy to protect their rights and guard against unnecessary costs. We provide litigation services in the following general categories:

• Government regulatory enforcement
• Third-party liability and cost-recovery claims
• Toxic torts

Transactions
Asset and stock transactions involving real estate and business operations require a clear understanding and allocation of potential environmental risks. We assist our clients in making informed and sound business decisions by providing:

• Environmental due diligence, including oversight of consultants
• Negotiating, drafting, and analyzing contract provisions
• Negotiations with regulators regarding Brownfield protections, prospective purchaser agreements, and other mechanisms

Liability Claims Response Strategies
In this ever-changing climate of terrorism and national security it is more important then ever for our clients to prepare and protect against unexpected environmental issues. We assist our clients in preparing for:

• Superfund releases
• Crisis management
• Homeland security obligations
• Reporting and notification obligations (community right-to-know)

Legislation and Rulemaking
Legislators dictate our current and future environmental regulations and goals. We assist our clients in keeping legislators informed about the importance of legislation, monitoring and influencing pending legislation, assistance in drafting crucial legislation and proposed rules, and helping our clients interpret, evaluate, and benefit from legislation and rulemaking.

Project Environmental Impacts Federal, state, and local requirements often require evaluation of the environmental impacts of major projects. We are experienced in developing strategies to initiate and implement such evaluations and use them to influence appropriate government decisions applicable to clients' projects. We can assist in evaluating:

• National Environmental Policy Act (NEPA) and state environmental quality requirements
• Threatened and endangered species and habitats
• Zoning limitations
• Permit obligations and conditions
• Historic and cultural resource preservation
• Wetlands mitigation

Our Attorneys - Who We Are
Snell & Wilmer's Environmental Law attorneys provide sophisticated and efficient legal representation to serve clients in appropriately managing their environmental obligations and liabilities in this complex and continually evolving area of the law. We are well-versed in federal, state, regional and local regulatory and liability issues, and understand the importance of remaining current on the many changes taking place in environmental law. We maintain good relationships with the regulatory decision-makers for the benefit of our clients, and to keep our team updated on all aspects of environmental law issues. In fact, our attorneys are regularly featured presenters and authors of articles on the changes in the law. We are constantly developing new creative strategies, and are knowledgeable about alternative methods for solving our client's problems promptly and effectively.

Our Clients - Who We Represent
We are called upon by a vast range of clients to assist them with resolving environmental issues. Both public and private entities have needs that vary by project, and may arise unexpectedly, requiring the experience of our prepared team to see them to a resolution. We represent many different industries, including high technology, manufacturing, financial institutions, real estate developers, large electric utilities, pipeline companies, health service providers, equipment rental businesses, and a myriad of others.

Our Experience - What We've Done
Representative Environmental Law Experience:

• International Beverage Company and Car Manufacturer - developed programs to evaluate and minimize potential environmental risks by scheduling and reviewing environmental audits to determine levels of compliance, and prepared compliance handbooks
• Financial Institutions - developed comprehensive environmental policies, procedures and forms for loans, foreclosures and trust-related matters; internal environmental "due diligence" programs; and environmental audit reports and site assessments; analyzed legal issues associated with purchase or divestiture of contaminated properties; and developed investigation and cleanup strategies
• Pipeline Company - obtained government approvals for major dual oil and gas pipeline in the environmentally sensitive Kane Creek area of Grand County, Utah
• Water Quality Settlement - defended manufacturer against alleged "unpermitted" industrial discharge that killed fish and negotiated with regulators to reach civil penalty settlement
• Defense of Recycling Company Against "Special Waste" Claim by ADEQ - representation of airplane parts recycling facility in addressing claims by the Arizona Department of Environmental Quality that the Company was creating illegal "special waste" and ended a year-long battle
• California Water Quality - assisted clients in California in connection with Regional Water Quality Control Board investigations and other regulatory and quasi-regulatory agency activities (Department of Health Service; Health Care Agencies, Public Works Departments, Fire Departments, Solid Waste Enforcement Agencies)
• Endangered Species and Habitat - represented educational institution, water district, mining company, and numerous other users of federal, state, and private land adversely affected by endangered species listings and critical habitat designations
• Inspiration Copper, Pinal Creek - long-time copper mine in Gila County, Arizona; client's sale included environmental indemnity; despite significant increase in remedial costs and related lawsuits, buyer ultimately accepted seller's indemnity interpretation
• Vista Verde Apartments - defend landowner in class action brought by tenants claiming personal and property injury associated alleged exposure to mold 
• Gleneagles at the Princess Resort - successful trial defense of Scottsdale apartment complex against allegations of permanent neurological and cognitive dysfunction associated with alleged exposure to toxic mold and mycotoxins during tenancy. Plaintiff was seeking $28 million in damages in three week jury trial
• Valley Home Inspections - successful arbitration award of attorneys fees in defense of home inspector sued by home buyers for allegedly failing to notify of water intrusion in home
• French Sodium Importer - advise concerning hazardous waste and toxic substance reporting and handling obligations in New Jersey, Texas and Utah
• LPG supplier - defended supplier before EPA Environmental Appeals Board against alleged violations of the Emergency Planning and Community Right-To-Know Act and successfully negotiated consent decree with EPA substantially reducing penalty assessment
• Leading discount retailer - on an expedited schedule to facilitate grand opening of new retail store, negotiated resolution of stalled contract dispute with solid waste disposal company that had exclusive franchise from the City of Mesquite, Nevada

External Links
Brownfields2008
Environmental Bankers Association
State Law Resources, Inc.
United States Environmental Protection Agency
U.S. Department of the Interior
U.S. Department of Labor, Occupational Safety & Health Administration