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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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