Environmental

Our Practice

Snell & Wilmer's Environmental Law Practice focuses on providing value by working closely with clients and consultants to advise and assist clients on a wide range of issues involving every significant federal, state and local environmental law. 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. Our integrated national environmental practice allows us to represent clients in numerous contexts including regulatory compliance and counseling, environmental and toxic tort litigation, government enforcement actions and business transactions.  Following are our primary areas of practice.

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 and environmental class actions

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

Brownfield Redevelopment

Snell & Wilmer represents sellers and purchasers of environmentally impaired properties to obtain regulatory closure or no further action status, including drafting and negotiating prospective purchaser agreements, voluntary cleanup agreements, environmental covenants, site management plans, RCRA corrective action permits, institutional controls and deed and land use covenants and restrictions, to allow transfer of properties for further development in Arizona, Colorado, California, Texas, Utah, Nevada, Tennessee and Illinois. Our representative experience in this area includes:

  • Negotiated Brownfield Voluntary Agreement with the Tennessee Department of Environment and Conservation providing covenant not to sue and liability protection to prospective purchaser of operating Memphischemical plant
  • Wrote and negotiated several site management plans and environmental covenants to obtain RCRA corrective action completion with controls status for parcels within former Geneva Steel Plant, Vineyard, Utah
  • Wrote and negotiated site management plan and environmental covenant to obtain RCRA corrective action completion with controls for Ogden, Utah, granary impacted by trichloroethylene plume
  • Wrote and negotiated site management plans for lender that foreclosed on former Great Basin Trucking facility, West Valley City, Utah, and obtained voluntary cleanup program certificates of completion for two impacted parcels
  • Negotiated environmental covenant and helped owner of a Chicago drycleaning plant obtain no further action from Illinois Environmental Protection Agency on cleanup of perchloroethylene release and approval for residential redevelopment
  • Negotiated administrative settlement agreement with Nevada Division of Environmental Protection for purchaser to obtain covenant not to sue and cleanup cost cap on leaking underground storage tank site
  • Negotiated with EPA and Utah Department of Environmental Quality and obtained court approval for modifying consent decree providing liability protection for prospective purchaser and redevelopment of the Sharon Steel Superfund site, U.S. v. Sharon Steel Corp., Civil No. 86-C-924J, D. Utah
  • Assisted Nevada ski resort in obtaining no further action from the Nevada Division of Environmental Protection in cleaning up leaking underground storage tank site
  • Lead environmental counsel for purchaser of 1750-acre Geneva Steel site and cleanup and redevelopment under RCRA corrective action permit
  • Contributing writer of Envision Utah Brownfield Toolbox: http://www.epa.gov/smartgrowth/pdf/eu_brownfield_toolbox.pdf

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

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

We focus on achieving our clients’ business objectives and helping them minimize risks in disposing or managing legacy properties, resolving  historic contamination liability, advising on new manufacturing processes and waste streams, handling litigation from or against private parties, advising on unexpected spills or releases, conducting or supporting due diligence for the purchase and sale of impaired properties or facilities, and coordinating and resolving ongoing remediation obligations or government enforcement or investigation actions.  We have a record of using our collective substantive knowledge and extensive experience throughout the country and beyond in providing our clients with responsive, timely, cost-effective and quality comprehensive environmental service.

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

  • Hazardous and solid waste compliance matters under the Resource Conservation and Recovery Act (RCRA), including negotiation of RCRA correction action completion with and without controls
  • Representation of clients in Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund) liability claims, access orders and 104(e) requests, including negotiation of Administrative Orders on Consent and Consent Decrees
  • Defense and prosecution of private multi-party environmental cost recovery litigation under CERCLA and state analogs, including experience in leading PRP steering group committees
  • Citizen suit defense and prosecution under the Clean Water Act (CWA), Clean Air Act (CAA), RCRA and the Emergency Planning and Community Right-to-Know Act (EPCRA)
  • Representation of clients in federal, state and local environmental enforcement actions, regulatory compliance and administrative dispute resolution
  • Defense and prosecution of Natural Resource Damages actions arising under federal, state and foreign laws  in various federal and state courts
  • Key relationships with national and state regulatory agencies allowing effective representation of clients in negotiation or litigation with EPA, USDOJ and other federal, state and local regulatory agencies with oversight authority
  • Environmental insurance claims and coverage litigation
  • California Proposition 65 defense
  • Nuisance and other common law claims and defense
  • Toxic tort, personal injury and property damage claims and defense including asbestos, toxic mold, indoor air and vapor intrusion cases
  • Base Realignment and Closure (BRAC) and Formerly Used Defense Site Program (FUDS) cleanup and redevelopment.
  • Federal and state hazardous material permits, licensing, labeling, transportation and disposal
  • Federal and state water quality matters, including NPDES, industrial pretreatment and storm water management plans
  • Section 404 discharge and fill permits, mitigation, appeals and litigation
  • Air pollution compliance, permitting, appeals and litigation
  • The National Environmental Policy Act (NEPA), the California Environmental Quality Act (CEQA ) and environmental impact statement (EIS) requirements, appeals and litigation
  • Drafting and negotiating pollution legal liability and cost cap insurance policies
  • Green building and renewable energy projects
  • Drafting and negotiating representations and warranties, indemnification agreements and escrow agreements
  • Due diligence for industrial and commercial transactions
  • Regulatory compliance and remediation strategy
  • Drafting and negotiating prospective purchaser agreements, voluntary cleanup agreements,  environmental covenants, site management plans, institutional controls and deed and land use covenants and restrictions to obtain regulatory closure or no further action status
  • Asbestos investigation and removal strategy
  • Community right-to-know disclosure and emergency planning strategy
  • OSHA and MSHA compliance, enforcement, appeals and litigation
  • Underground storage tank management, remediation, closure and cleanup cost recovery
  • Drafting environmental legislation, regulations and local ordinances
  • Special and conditional use permit applications, hearings, compliance, appeals and litigation

Representative Projects 

  • 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 and Department of Toxic Substances Control 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 institutions, water districts, mining companies, 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

Brownfields
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