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Environmental Litigation

Jones Waldo has dealt extensively with all aspects of environmental law, serving our clients in many ways. Our environmental attorneys have handled environmental assessments in connection with real estate acquisitions, leases, sales and financing; environmental remediation; environmental litigation involving Superfund sites and disputes among potentially responsible parties; and environmental compliance. In addition, we help clients with developing environmental policies and procedures; developing standard form environmental agreements; negotiating and documenting environmental agreements with governmental authorities, environmental consultants and remediation contractors; and dealing with environmental insurance.

The list below illustrates the broad scope of the services our Environmental Practice Group has provided.

Brownfields Redevelopment

 

  • Represented the owner of a former smelter property in allocation, remediation and development negotiations with other owners, the former smelter operator, EPA and state and local governments.
  • Represented a real estate developer in its acquisition of a former smelter property, which was subject to an EPA Superfund response action.
  • Represented the owner of closed landfill properties in developing cleanup and redevelopment plans, retaining an environmental consultant to assess the environmental issues and negotiating with state and federal agencies.
  • Represented a real estate developer in the purchase of contaminated property at the Tooele Army Depot, which was undergoing remediation by the United States Army. The property was subject to the Base Realignment and Closure Act ("BRAC"). This matter involved extensive negotiations with the United States Army, EPA and the Utah Division of Solid and Hazardous Waste concerning the level of remediation, institutional controls, transfer documentation and comfort letters.
  • Represented a newspaper company in the acquisition of BRAC property at the Ogden Defense Depot from the United States Army.

Superfund Sites

 

  • Represented a dry cleaning company in defending an EPA investigation concerning a PCE groundwater plume Superfund Site.
  • Represented a group of past owners, operators and transporters in remediation and closure of Superfund site contaminated by heavy metals, pursuant to a negotiated EPA consent order.

Environmental Remediation

 

  • Represented a chemical distributor in responding to ground water contamination from underground storage tanks. This matter involved negotiations with the Utah Division of Solid and Hazardous Waste concerning investigation, remediation and level of remediation; retaining and overseeing the environmental consultant; and litigation with insurance companies.
  • Represented the owner of property contaminated by a tenant. This matter involved negotiations with the tenant and the Utah Division of Environmental Response and Remediation concerning the investigation and remediation of the property and potential litigation against the prior tenant for recovery of remediation costs, property damage and stigma damages.

Real Estate, Business and Lending Transactions

 

  • Represented a national retail chain in the acquisition of contaminated industrial property undergoing remediation. This matter involved due diligence, negotiation of institutional controls and transfer documentation, obtaining environmental assurances from governmental agencies and obtaining environmental insurance.
  • Represented agricultural cooperatives in acquiring sugar beet factories. These matters involved due diligence and retaining an environmental consultant.
  • Represented a real estate developer in the acquisition of a historic mining property, involving due diligence and negotiating transfer documentation.
  • Advised lender in assessing potential environmental liabilities associated with a loan secured by property located at the Tooele Army Depot.
  • Advised lenders in connection with several foreclosures involving contaminated or potentially contaminated property.
  • Advised various clients in the acquisition of gasoline stations.
  • Developed environmental guidelines for national corporate clients in acquiring and disposing of real estate.
  • Developed standard form environmental provisions in real estate agreements for national corporate clients.

Environmental Compliance and Permitting

Jones Waldo advises clients on environmental compliance, permitting and enforcement issues related to the following environmental regulatory areas:

 

  • CERCLA
    - Natural Resource Damages
    - Remediation
  • RCRA
    - Solid Waste
    - Hazardous Waste
    - Underground Storage Tanks
  • Clean Water Act
    - Stormwater Discharges
    - Wetlands
    - NPDES Permits
    - Groundwater Discharges
  • Drinking Water
  • Clean Air Act
    - Permitting
    - Banking Air Emission Credits
  • Asbestos
  • PCBs
  • Radioactive Waste
  • Lead-Based Paint
  • Hazardous Materials Transportation
  • Reporting
    - Toxic Release Inventory
    - Emergency Reporting
    - SEC Reporting

Environmental Management

 

  • Oversight of environmental compliance audits of distribution facilities located throughout the United States for corporate client.
  • Oversight of PCB compliance audits of hundreds of facilities located in the Eastern United States.
  • Prepared employee protocols for handling environmental agency inspections.

Government Policy and Rulemaking

 

  • Represented a group of dairy farmers in disputing a potential local government-planning ordinance to restrict the size and operation of dairy farms. This matter involved participating in numerous local government committee meetings and helping to draft an ordinance that satisfied both the dairy farmers and other property owners.

INDUSTRY GROUPS

Agriculture
Agriculture Cooperatives
Banking
Carpet Cleaning Franchisor
Chemical Distribution
Dry Cleaning
Gasoline Stations/Truck Stops
Industrial
Landlords
Mining
Radio Stations
Real Estate Developers
Redevelopment Agency
Retail
Sand and Gravel
Solid, Hazardous and Radioactive Waste Disposal
Wind Farms



Attorneys
Lucy B. Jenkins (Group Leader)
Janelle E. Bauer
Elizabeth M. Butler
Timothy C. Houpt
Vincent C. Rampton
Brady L. Rasmussen