Regulatory, compliance and litigation risks are top of mind for Shook, Hardy & Bacon’s environmental lawyers whose proactive approach to protecting clients’ business interests and avoiding expensive litigation includes monitoring industry trends, legislative and regulatory developments, key judicial cases, plaintiffs’ bar activities, and the latest scientific literature.

Shook lawyers have successfully handled environmental and toxic tort cases in state and federal courts and administrative tribunals across the nation. We have managed private cost recovery actions under CERCLA; civil and environmental actions instituted by government agencies; private party environmental litigation; and settlements in complex multiparty cases. When appropriate, we have also used our mediators and arbitrators to resolve public and private environmental disputes involving multiple parties. Our clients include those in the chemical, petroleum, utility, agricultural, food, airline, automotive, mining, cement, shipping, pharmaceutical, ethanol, and paper industries. 

Examples of specific matters that Shook’s environmental lawyers have recently handled include:

  • counseling for chemical, cement, grain processing, and utility companies on the implementation of hazardous air pollutant (MACT) standards;
  • corporate disclosure issues for securities law reporting;
  • self-performed EH&S audits and follow-up self-reporting to regulatory agencies;
  • evaluations of environmental risk and drafting of appropriate environmental contract terms for real property transactions, loans, and mergers and acquisitions;
  • criminal environmental actions and civil administrative enforcement actions;
  • challenges to federal and state environmental rulemakings;
  • permits for companies that operate multiple locations in multiple states;
  • cost-cap and other types of insurance to address environmental risk in various settings;
  • indoor air pollution, sick building problems, vapor intrusion, lead paint and attendant litigation;
  • citizen suits;
  • underground storage tank regulation and litigation;
  • environmental claims in bankruptcies;
  • governmental requests for information and investigations conducted under CERCLA, CAA, CWA, Oil Pollution Act, Hazardous Materials Transportation Act, among other statutes;
  • development and implementation of environmental standards and management systems for U.S. companies with plants abroad;
  • wetlands delineation-related permitting requirements;
  • permit requirements related to numerous industries, including marine and coastal construction; Title V air operating permits; and PSD construction permits;
  • settlements of CAA enforcement actions for alleged violations of PSD requirements by ethanol companies;
  • establishment of TMDLs, 303(d) listings and other water pollution-control regulations affecting NPDES permitting;
  • natural resource damage claims asserted by federal, state and tribal trustees;
  • settlements of CSO and SSO enforcement actions under the Clean Water Act on behalf of municipal and regional sewer districts;
  • RCRA permitting and corrective action plans for closed and active industrial sites;
  • cleanup guidelines at Brownfields sites for contamination from petroleum, asbestos and manufactured gas operations;
  • enforcement actions for alleged FIFRA labeling violations; and
  • enforcement actions for alleged violations of the Hazardous Material Transportation Act.