Environmental, Health and Safety
The firm's environmental, health and safety practice is national in scope, and members of the environmental, health and safety law practice group have extensive experience in advising and representing clients in virtually every area of environmental law. A number of the attorneys in the group began practicing in this area when environmental laws were first enacted in the 1970s and have continued to develop the practice as the laws and issues have changed. Others have gained valuable experience working for state and federal government agencies that make and enforce environmental laws. On a local level, Freeborn & Peters maintains an office in the state capital to, among other things, monitor and influence state environmental regulations. We have maintained strong relationships and have worked closely with the heads of local and state environmental agencies. Freeborn & Peters is committed to providing its clients a sophisticated, full service environmental practice.
Environmental Litigation
Freeborn & Peters has an active environmental litigation practice and has been involved in many cases of national significance. We represent clients in federal, state and local civil and criminal enforcement proceedings involving alleged violations of environmental laws and in proceedings brought by third parties under environmental laws, including the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA). Freeborn & Peters attorneys have substantial trial experience and appear regularly in federal, state and administrative venues.
Recently, we successfully defended a major power plant developer before the U.S. Court of Appeals in a challenge by environmental groups to its air permit. Also before the U.S. Court of Appeals and District Court, we successfully represented a Class I railroad in its environmental cost recovery claims against the successor to a bankrupt estate. In another matter that will likely go before the U.S. Supreme Court, we represented a client in its appellate review of private cost recovery under CERCLA in the wake of the U.S. Supreme Court’s decision in Cooper Industries v. Aviall Services.
We also have substantial experience in representing defendants in toxic tort actions, including claims based on exposure to toxic mold, asbestos, mercury, mining waste and other deleterious substances.
Environmental Compliance, Permitting and Response Actions
Freeborn & Peters represents clients in all types of environmental compliance and permitting matters. We have advised clients on such compliance and permitting matters as: release reporting under CERCLA, hazardous waste regulation under RCRA, air emissions under the Clean Air Act, wastewater discharges under the Clean Water Act, premanufacture notification under the Toxic Substances Control Act, release reporting under the Emergency Planning and Community Right-to-Know Act, registration and labeling under the Federal Insecticide, Fungicide, and Rodenticide Act and endangered and threatened species under the Endangered Species Act. Additionally, several of the attorneys in the group have authored and enforced environmental regulations at the state and federal level.
Recently, we assisted the developer of a coal-fired power plant in air permit litigation before the U.S. Environmental Appeals Board and the U.S. Court of Appeals for the Seventh Circuit. We also have represented dozens of clients in air, water and waste permitting and enforcement negotiations with the U.S. Environmental Protection Agency, the U.S. Department of Justice and state regulatory or enforcement bodies. We have maintained excellent working relationships with many of these bodies and, as a result, have enjoyed great success in advocating our client’s position.
Attorneys in the group also have performed detailed audits of client facilities and operations to minimize risks of major environmental violations or chemical spills. Not only are such audits often sound business practice, regulators have recognized and rewarded such efforts where problems nonetheless arise in the future.
A significant portion of our practice involves assisting clients with site cleanups performed either voluntarily or in response to enforcement actions. We often are involved from the time a problem is first discovered through contracting with and overseeing environmental consultants and cleanup contractors to the receipt of a no further action letter from the appropriate regulatory agency. Increasingly, with the enactment of legislation that eases the burdens on innocent parties, we have become involved in the redevelopment of former industrial properties, often referred to as brownfield properties. Such representation typically includes development of site-specific cleanup standards and negotiation of agreements limiting the liability of the new owner and operator. Our attorneys have used many unique tools to address environmental cleanup concerns in purchase and sale transactions, such as environmental risk transfers, environmental impairment insurance, fixed-price cleanup contracts and proactive and thorough environmental due diligence and documentation of risk allocation among the parties.
Environmental Siting and Land Use
Freeborn & Peters represents clients in the siting and development of landfills waste incinerators and waste transfer stations. We represent major power plant developers in siting peaker plants, coal-fired power plants and other facilities. We also represent the some of the largest waste disposal companies in the country with regard to siting and regulation of its waste disposal and handling facilities in the Midwest. Such representation entails complex issues relating to environmental regulation, land use, public relations and politics. Attorneys in the environmental law practice group are uniquely qualified to provide such representation.
Transaction Counseling and Due Diligence
The environmental law practice group counsels clients on the impact of existing and proposed environmental laws on financial transactions and the potential liabilities associated with the acquisition and divestiture of business operations and real estate. For environmentally sensitive transactions, we have performed in depth due diligence into the issues and risks associated with the deal. In representing purchasers and lenders, we have developed detailed requests and questionnaires to assist in evaluating and quantifying the issues affecting the business of the seller or borrower. When appropriate, attorneys have performed detailed facility investigations and audits to assist the client. On behalf of sellers and borrowers, we often are involved in analyzing and addressing environmental issues before they are disclosed in a transaction.
Attorneys in the group negotiate and draft environmental provisions included in transaction documents. Firm attorneys have extensive experience with environmental closing conditions, representations, warranties, covenants and indemnities. We have developed an in-house book of standard environmental provisions for most all types of transactions. We realize that spending time to negotiate and structure the environmental risks associated with a transaction is preferable to litigating those same matters after the transaction has closed.
Representative Matters
Representing major project developers in siting, permitting, enforcement, community challenges and other issues that arise from the planning stage through facility start-up.
Representing an industrial manufacturing company with the negotiation and implementation of an environmental risk transfer transaction for a contaminated facility in the Southeast.
Representing a utility contractor against hundreds of claims of exposure to mercury allegedly resulting from the removal of mercury regulators in homes and related civil and criminal enforcement.
Representing a dozen corporations, as common counsel for discovery and trial, in a major CERCLA private-party cost recovery action.
Representing several Class I railroads in cost recovery actions arising out of environmental contamination.
Representing the nation's largest producer and user of asbestos in matters arising from a facility remediation under CERCLA.
Representing potentially responsible parties at Superfund sites in Colorado, Connecticut, Illinois, Indiana, Louisiana, North Carolina, Pennsylvania and Wisconsin.
Serving as one of three PRP Group Executive Committee members at the Jack's Creek Superfund site in Maitland, Pennsylvania.
Representing numerous developers undertaking voluntary remediation of industrial facilities under state remediation programs, including evaluating brownfield grant monies and other incentives.
Representing a major international developer in addressing thorium contamination in the vicinity of a proposed high rise development.
Advising clients on the preparation of Title V permit applications under the Clean Air Act and related enforcement actions.
Advising a major Midwestern lending institution on trustee liability and contribution issues under CERCLA and state laws.
Representing major financial institutions on the foreclosure of secured properties.
Advising a public utility on numerous issues regarding the use, marking, storage and disposal of PCBs.
Representing one of the nation's largest waste disposal companies and acting for private firms and county governments (both as independent counsel and serving as a hearing officer) in the siting of transfer stations, landfills and waste incinerators.
Advising building owners on environmental illness issues in connection with "Sick Buildings".
Representing clients with respect to insurance coverage under historical comprehensive general liability and property damage policies for long-tail claims such as environmental and asbestos matters.
