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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Frequently Asked Questions
What is CERCLA (Superfund)?
CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act) is a federal law that allows EPA to clean up contaminated sites and hold responsible parties liable for cleanup costs. Liability can be imposed on current and past owners, operators, transporters, and waste generators — even without fault.
What happens if my property is contaminated?
If you discover contamination on your property, you may have reporting obligations and could face cleanup liability even as an innocent purchaser. An environmental attorney can help you understand your obligations, potentially qualify for liability protections, and pursue responsible parties for cost recovery.
How do environmental permits work?
Most activities that discharge pollutants to air or water, handle hazardous waste, or impact wetlands require federal and/or state permits. The permitting process involves application, public notice, review, and compliance monitoring. Operating without required permits can result in significant penalties.
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