Environmental

Ireland Stapleton’s environmental attorneys have represented clients in a variety of environmental and regulatory matters, including remediation and redevelopment of “Superfund” and “Brownfield” properties pursuant to CERCLA and state voluntary clean-up programs; NPDES and Section 404 permitting pursuant to the Clean Water Act; and compliance with a variety of environmental and regulatory requirements related to NEPA, RCRA, the Endangered Species Act (ESA), the National Historic Preservation Act (NHPA), the Clean Air Act (CAA), asbestos issues, and numerous state and local regulations. Furthermore, we have assisted our clients and their in-house counsel in assessing potential environmental liabilities, litigation risks, insurance options, and potential transaction costs associated with our clients’ internal financial, auditing and disclosure requirements. Below you will find examples of some of our client representation:

• Advise and evaluate environmental risks and liabilities for corporate clients on matters relating to corporate mergers and acquisition, real estate transactions, environmental provisions of loan agreements, contract and title issues, environmental insurance policies, and indemnifications agreements
• Represent clients in all aspects of water quality protection and regulation, storm water and drainage issues, groundwater quality protection, and wetlands and riparian protection
• Represent and advise BFPP developer clients regarding Brownfield redevelopment pursuant to state voluntary clean-up programs; develop remediation investigations, human health risk assessments, and feasibility plans pursuant to CERCLA that involve compliance with RCRA, CWA, NEPA/EIS regulations, CAA, NHPA, and local land use requirements
• Develop water storage alternatives analyses pursuant to CWA and NEPA requirements, research claim and issue preclusion and abstention doctrine for federal water rights issues, and address water quality issues impacting remediation and development decision making
• Represent clients regarding disputes concerning federal, state, and private right of way issues
• Represent and advise clients regarding natural resources conservation and protection, natural resources damage claims, conservation easements, and land use/institutional controls
• Negotiate and advise corporate compliance for manufacturing facilities and construction companies regarding environmental compliance and defense of Cease and Desist Orders, Notices of Violation, or other regulatory demands
• Advise clients regarding historic preservation requirements and activities that trigger the Section 106 process, facilitate inventory of cultural resources, and consult with State Historic Preservation Officer (SHPO) regarding undertakings that could affect historic properties
• Counsel municipal clients in public utility commission proceedings regarding merger of investor-owned utilities, represent municipal clients in franchise negotiations with investor-owned electric utilities, and draft electric utility franchise agreements
• Represent property owner to defend and litigate issues relating to Cease & Desist Order per Colorado Air Quality Control Division Regulation 8 regarding a major asbestos spill
• Review and negotiate NEPA review procedures for proposed real estate and transmission line development projects subject to federal funding or permitting
• Negotiate Administrative Orders on Consent, Biological Assessments per the ESA, and liability protection provisions
• Work closely with US EPA, Department of Justice, Army Corps of Engineers, CDPHE, State Historic Preservation Officer, and other agencies to ensure client compliance, secure permits, and advise regarding regulatory demands and investigations
• Represent clients regarding civil and criminal environmental enforcement actions and third-party environmental indemnification claims
• Address and evaluate successor liability claims
• Address and evaluate TCE (trichloroethylene) issues and disputes
• Represent and advise clients regarding vapor intrusion risks and indoor air quality issues
• Represent clients regarding compliance with local regulations vis- à-vis development and annexation agreements, advise regarding zoning laws, and appeal land use determinations at board of adjustment hearings