Environmental Law Overview for New Attorneys
3/21/2008 7:52:22 AM EST
Environmental Law Basics
Posted by AME3bg
Environmental law encompasses the controls imposed to protect the natural and man-made environment as well as the health of living beings. Environmental law practice encompasses compliance counseling, transaction guidance and litigation involving those controls.
 
Compliance Counseling: The practice of environmental law involves counseling on compliance with complex statutes, regulations, case law, and policy directives that govern, for example:
 
• Air pollution                                                           • Water pollution
• Drinking water                                                      • Wetlands
• Floodplains                                                           • Land preservation and management
• Resource conservation and management     • Oceans and coasts
• Wildlife and its habitat                                         • Historic preservation
• Solid, hazardous, toxic, infectious                     • Noise
and radioactive substances and wastes
 
Environmental law practice also involves counseling and navigating clients through procedures such as:
 
• Environmental impact reviews
• Obtaining and renewing permits, licenses and other governmental approvals to construct and operate facilities
• The creation, maintenance and modification of environmental management systems
• Environmental auditing of operations
• Community and worker notification and safety requirements
• Environmental due diligence procedures (e.g., in purchases, leases and corporate acquisitions and mergers)
• Risk management and the use of environmental insurance
• Arranging for the transport of dangerous goods
• Investigation, remediation and redevelopment of contaminated sites
• Emergency and disaster planning and response
 
Transactional Guidance: Because environmental controls are pervasive, environmental lawyers are involved in a wide array of transactions, as diverse as real estate sales; leasing and development; private- and public-sector finance; hiring and supervising environmental consultants, engineers and contractors; labor negotiations; land-use planning and agreements; and natural resource allocation and use agreements; as well as having input in the drafting of laws and regulations at all levels of government.
 
Litigation: Environmental law practice involves practice before administrative agencies; alternative dispute resolution; lawsuits involving tort actions between private parties as well as between private parties and government entities; civil enforcement; citizen suits; and criminal enforcement.

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