Proskauer Rose LLP's Environmental Practice Group is an interdepartmental, nationwide team of lawyers practicing environmental and land use law. For more information about this practice area, contact:
The Group's practice covers all aspects of environmental law, including transaction counseling, compliance, emediation, enforcement, administrative proceedings and litigation. Gail S. Port, based in New York, is the Chair of the Environmental Practice Group.
Ms. Port, who has been practicing environmental law for over 30 years, is a former Chair of both the New York State Bar Association's Environmental Law Section and the Environmental Law Committee of the Association of the New York City Bar Association, and a three-time gubernatorial appointee to the New York State Environmental Board.
Among those in the group are also: corporate partner Robert J. Kafin, a seasoned environmental lawyer and also former Chair of the Environmental Law Section of the New York State Bar Association; litigation partner Claude Millman, former Chief of the Environmental Protection Unit of the U.S. Attorney's Office of the Southern District of New York; David Diamond, a labor partner with a strong Occupational Health and Safety Act background; and environmental associates of various levels.
Major services provided by the Environmental Practice Group include:
- Negotiation and drafting of consent orders, corrective action agreements, administrative compliance orders and other documents and agreements with governmental agencies and other responsible parties addressing obligations to clean up contaminated properties, sharing of environmental liabilities, and providing financial security to assure compliance with environmental laws under federal and state Superfund and other remedial programs.
- Representation throughout the investigation and remediation process, including Brownfield projects, and negotiating and obtaining approval of remediation plans which are economically feasible.
- Representation during enforcement proceedings where civil or criminal charges stem from alleged violation of environmental laws, including those relating to hazardous materials management, air emissions, and wastewater discharges.
- Compliance counseling with respect to the requirements of the large body of federal and state laws governing hazardous waste management (including treatment, storage and disposal) and corrective actions; air and water pollution; solid waste management and disposal; medical wastes; contamination and spill reporting requirements; community "right to know" requirements; historic preservation; occupational health and safety; underground storage tanks; PCBs; wetlands; and mineral resources.
- Environmental risk avoidance and risk allocations in corporate, real estate and financing transactions, including environmental due diligence reviews of companies and properties in large multi-site national and international transactions; environmental assessments; evaluation of potential environmental liabilities in financings and other business transactions; compliance with transaction-triggered transfer laws; and lender and fiduciary liability evaluations.
- Environmental litigation cost recovery and contribution actions against persons potentially responsible for property contamination, including claims relating to insurance coverage for environmental damages, and actions on behalf of and against government agencies relating to administration of environmental laws and regulations and bankruptcy.
- Licensing, permitting and preparation and review of environmental impact statements for the siting and development of large-scale land use projects, such as industrial facilities; solid and hazardous waste management facilities; office buildings; shopping centers; residential complexes; hotels; civic centers; and sports facilities.
- Brownfield remediation, including meeting requirements of USEPA and state agencies throughout the nation.
- Indoor air quality issues and asbestos management, including compliance with regulations, contracting for asbestos, mold and soil vapor intrusion investigations and abatement, and apportioning liabilities for claims related to asbestos, mold, radon, and soil vapor intrusion.
- Advice with respect to insurance products applicable to claims arising from environmental conditions and exposure, including representation in insurance coverage controversies and litigations.
Proskauer's Environmental Practice Group has been involved in major transactions and compliance matters for clients in a broad range of industries, including aluminum, cement, basic and specialty chemicals, pharmaceuticals, agricultural, tire manufacturing, shipbuilding, food production, automotive products, steel, zinc, electromagnetic shield products and the low income and affordable housing industries.
Members of the Firm's Environmental Practice Group are recognized as leading environmental lawyers in The Best Lawyers in America, New York Super Lawyer, Chambers USA Legal Directory, Who's Who Legal (The International Who's Who of Business Lawyers) and PLC Cross-border Environment Handbook. They have also lectured and written widely on a broad spectrum of environmental topics and are honored to sit on the boards of several prominent not-for-profit environmental organizations.
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