Regulatory Assistance

International, national, state and local regulations governing solid and hazardous waste disposal, air emissions, water quality and employee health and safety are constantly changing. LGWM’s attorneys monitor environmental legislation and regulations to ensure our clients are on the cusp of developing policy.

Environmental regulatory agencies are increasingly scrutinizing regulated industries. LGWM’s team of environmental attorneys assist clients with responding to and complying with environmental laws and regulations and what actions need to be immediately taken to mitigate the client’s exposure to risk.

Our team of environmental attorneys has experience obtaining permits and variances, ensuring chemical process safety, reporting accidents or discharges, cleaning of hazardous waste discharge and day-to-day compliance matters. LGWM also assists clients in developing remediation plans.

Cases of Note

• We represented an environmental consulting firm hired by a road sign manufacturing company to obtain the requisite permitting for production of the signs.  TDEC notified the company of a violation of its Operating Permit, allegedly as a result of errors in the environmental firm’s calculations relating to painting and coating used in production. We successfully argued the incorrect reports were the result of undisclosed changes to the paint and any violation was a good faith mistake.
• We represented an environmental services company regarding the company’s collection, processing and marketing of used oil and used oil related services at a Superfund cleanup site. The EPA investigated the company’s activities to determine what liability, if any, the company had for the underlying site cleanup. We provided assistance responding to the EPA’s investigation and established our client had no responsibility for the cleanup.
• We represented an international consulting firm in a case involving environmental due diligence services performed by firm. The due diligence services involved an assessment of all permits required under state or federal law. The EPA and ADEM argued the owner required additional permits related to wastewater discharges.
• We argued all required permits had been obtained and the facility’s production of wastewater did not require additional permitting. We negotiated a reasonable resolution of the claim.
• We represented an industrial facility in its dealings with TDEC and the EPA in regards to alleged violations of its Operating Permit. We successfully resolved the case by establishing no emission exceedances had occurred and any exceedances of the operating parameters were de minimis in nature.
• We represented an environmental action contractor retained to clean up an underground petroleum tank release.  The Water Division of ADEM launched an investigation and issued a notice of violation regarding the groundwater contamination. Along with our experts, we developed a system discharge infiltration plan that was approved by ADEM and performed groundwater monitoring pursuant to the plan to avoid further penalty.
• We represented a disaster response and derailment services company in a Clean Water Act Citizen Suit. Plaintiffs alleged our client rebuilt a portion of a train track following an oil spill using soil contaminated with oil, contaminating the groundwater in violation of the Clean Water Act. We argued the soil did not contain any oil and successfully resolved the case.
• We represented a contractor in regard to Clean Water Act claims. Plaintiffs alleged the contractor contaminated the groundwater near the contractor’s construction site with mercury in violation of the Clean Water Act. We argued mercury did not leave the site based on geological studies showing the soil in the area contained high levels of naturally occurring mercury. After being provided this evidence, Plaintiffs never filed suit and no penalties were levied.
• We represented a transportation company in regards to claims the company was transporting hazardous material without proper ADEM permits. We argued ADEM did not classify the material being transported as hazardous, and established this regulatory classification through expert testimony. ADEM took no enforcement action as a result.
• We represented an operations and management water solutions company in an action for property and personal injury damages relating to 22 Plaintiffs’ consumption and use of allegedly unsuitable water in violation of local rules and regulations, as well as ADEM regulations.  Plaintiffs contended Defendants failed to notify the community the drinking water may be unsuitable for consumption.  We successfully negotiated a resolution of all 22 Plaintiffs’ claims.
• We represented an environmental contractor in regard to a chemical spill at a natural gas facility.  The spill resulted in an investigation and various studies by the EPA and ADEM, both in regards to the spill and associated clean up. We successfully resolved the case by using expert testimony to establish the clean up met all industry standards and no fines were levied associated with the clean up.