What is Environmental Law Law?
Environmental law encompasses the regulations and statutes designed to protect natural resources, public health, and the environment. This area of law intersects with virtually every industry — from real estate development to manufacturing, energy production to agriculture. Environmental attorneys help businesses navigate complex federal and state regulations including the Clean Air Act, Clean Water Act, CERCLA (Superfund), and RCRA, while also representing individuals and communities affected by pollution and environmental hazards.
What to Look For
- Experience with federalExperience with federal and state environmental agencies
- Knowledge of CERCLA,Knowledge of CERCLA, RCRA, Clean Air Act, and Clean Water Act
- Technical understanding ofTechnical understanding of environmental science issues
Red Flags to Avoid
- No experience withNo experience with environmental regulatory agencies
- Lack of technicalLack of technical environmental knowledge
- Unfamiliar with state-specificUnfamiliar with state-specific environmental regulations
Typical Costs
$300 - $600/hour
- •Environmental compliance review: $5,000-$25,000
- •EPA enforcement defense: $25,000-$250,000+
- •Superfund liability: $50,000-$1,000,000+
- •Environmental permitting: $10,000-$50,000
- •Toxic tort litigation: $50,000-$500,000+
Expected Timeline
Months to decades for complex cases
- •Environmental permit application: 3-18 months
- •EPA enforcement response: 6-24 months
- •Superfund cleanup: 5-30+ years
- •Environmental impact review: 6-24 months
- •Toxic tort litigation: 2-10 years
Due Diligence Before Property Purchase
Phase I and Phase II Environmental Site Assessments are critical before purchasing commercial or industrial property. A Phase I ESA identifies potential contamination risks through records review and site inspection. If risks are found, a Phase II ESA involves actual sampling and testing. These assessments can help qualify you for innocent landowner defenses under CERCLA.
Environmental Compliance Programs
Proactive compliance programs can prevent violations and reduce penalties. Key elements include regular self-audits, employee training, proper recordkeeping, and prompt disclosure and correction of any violations discovered. EPA's self-audit policy provides incentives for companies that voluntarily discover and correct environmental violations.
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