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Environmental Regulations

We help clients navigate all aspects of environmental regulation, including those related to air, chemicals, solid and hazardous waste, and water.

Air

Our extensive experience with Clean Air Act matters ranges across federal, state and local levels. We have participated in work groups charged with drafting regulations and guidelines for revisions to the new and modified source review and construction permit programs, the operating permit program, and the air toxics program. We have substantial experience in both stationary and mobile source issues and advise manufacturers, mining companies, utilities and other businesses on air quality compliance and permitting matters. When litigation is unavoidable, we represent clients in federal and state air enforcement cases. Specific air experience includes:

  • Working with clients to evaluate and comply with monitoring and reporting requirements of evolving greenhouse gas regulations.
  • Assisting clients of all sizes and types in obtaining air permits for new or modified operations.
  • Defending companies in criminal and civil asbestos enforcement.

Chemical

We call upon our broad experience with the intricate federal and state regulations governing chemical and pesticide manufacturers for the benefit of our clients, including national and global enterprises. We have extensive regulatory knowledge in the complex areas of pesticide registrations. Additionally, the firm advises clients regarding spill reporting requirements contained in every major environmental statute.

Because of the chemically complex workplace and the overlap of environmental and employee safety issues, our practice includes significant Occupational Safety and Health Administration experience. While we represent clients in defense of OSHA enforcement cases, our emphasis is on prevention and client counseling. Lathrop Gage is a regional leader in OSHA training, and presents seminars for clients, training companies and industry groups. Our chemical experience includes advising a national energy client on emerging local, state and federal regulations on green chemistry, chemical tracking and biomonitoring.

Solid/Hazardous Waste

We regularly advise clients on complex matters of waste regulation, including closure and post-closure, groundwater assessment, financial assurance and financial liability, land disposal restrictions and corrective action. Our team members have extensive technical expertise on regulations impacting hazardous and solid waste landfills, waste piles, incinerators, boilers and industrial furnaces, transfer stations and surface impoundments. We also have assisted our clients in obtaining permits and resolving regulatory matters pertaining to solid waste processing facilities and landfills. 

Our work in the solid and hazardous waste area includes:

  • Defending clients in penalty actions and other enforcement proceedings brought by the Environmental Protection Agency and state agencies throughout the United States.
  • Representing waste management clients in the transfer of permits for landfills, transfer stations and recycling facility operations.
  • Representing facility owners in Resource Conservation and Recovery Act closure and corrective action of a former waste oil processing facility.

Water

Lathrop Gage attorneys have substantial experience with federal, state and local regulations governing water quality and quantity including state implementation, permitting and enforcement. Our clients include municipalities, industrial operations, and agricultural companies and associations. In representing municipalities, we keep abreast of and provide input into evolving policies on pretreatment, storm water, reduction of infiltration and inflow, combined sewer overflow, sanitary sewer overflow issues and permitting. Industrial and agricultural operations often turn to Lathrop Gage for assistance in permitting, compliance, pretreatment requirements, transactional issues involving water permitting, Use Attainability Analysis and Total Maximum Daily Load developments, as well as enforcement defense. Our water experience includes:

  • Representing a coalition of business and civic interests in opposition to a proposed TMDL.
  • Representing developers and contractors in response to federal enforcement of storm water regulations.
  • Advising development and construction clients on changing stormwater management requirements.
  • Advising agribusiness clients on water protection requirements applicable to animal feeding operations.

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