Environmental

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  • Overview

    Miller & Martin’s Environmental Law Group counsels clients on a broad spectrum of land, air, water and waste issues, including the handling of complex compliance and enforcement matters, arising under local, state and federal environmental and natural resource laws and regulations.

    Our Environmental Law Group assists clients with regulatory compliance, environmental litigation, and environmental due diligence and environmental escrow matters, as well as responding to Environmental Protection Agency (EPA) and state environmental agency requests for information and notices of violation and other types of enforcement. Our attorneys also assist employers dealing with Workplace Environmental, Health & Safety concerns and OSHA investigations and enforcement.

    As a team that includes a former general counsel in heavily regulated manufacturing industries and a former environmental engineer, we are well qualified to assist clients with environmental issues. Our attorneys stay abreast of regulatory hot buttons and help clients spot issues and proactively fix complicated problems to avoid entanglement with enforcement that can carry hefty, daily penalties for certain offenses and even prison time for responsible executives. We also help clients tread through enforcement challenges when the regulators do come knocking.

    Our attorneys represent a wide variety of business and industry clients, including manufacturers, consumer products companies, trade associations, electric utility distributors, energy, real estate development and construction companies, financial services institutions, individual property owners, municipal governments and agricultural interests.

    Attorneys in the Group have worked with local, state and federal authorities and business leaders to address legislative change on such environmental and conservation issues as brownfields, superfund sites, recycling, economic development, water quality, landfill use and renewal, and solid waste management.

  • Experience

    • Testimony before the United States House of Representatives on the subject of Superfund reform and its impact on the private sector.
    • Represented clients with environmental challenges in zoning and land use matters before City and County political bodies.
    • Served on municipal task forces related to brownfields, recycling and stormwater regulations.
    • Managed Wetlands litigation and permitting.
    • Assisted clients with compliance and regulations related to the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA)/SARA Title III.
    • Handled Landfill permitting, closure, operation and management.
    • Managed Superfund/CERCLA enforcement related to lead, battery, waste oil and other hazardous sites including assisting with negotiations with state and federal authorities, interpretation of technical data, business planning and the formation of cost-sharing groups of potentially responsible parties.
    • Provided guidance on the management of solid and hazardous waste materials and byproducts.
    • Structured the redevelopment of an industrial landfill into a 160,000 square foot operations facility operated by a public, world-wide logistics company.
    • Represented regional highway and bridge construction company in Mine Safety and Health Administration (MSHA) enforcement matter at a regulated mine site. Negotiated complete elimination of significant and substantial "S&S" gravity citations, resulting in a nominal penalty.
    • Led a team of attorneys and real estate professionals in the acquisition and assembly of 141 acres of industrial foundry property at the Tennessee River/I-24 Gateway to Chattanooga, Tennessee including approval of a $35 million interstate exit and a 3-mile, $15 million extension of the Chattanooga Riverwalk.
    • Represented product developers to ensure compliance with the Federal Trade Commission's "Greenwashing" guidance standards and environmental marketing guidelines.
    • Defended electric utility distributors against EPA administrative enforcement actions under Polychlorinated Biphenyls (PCB) regulations and the Toxic Substances Control Act.
  • Bonds & Tax Incentives
    Commercial
    Construction
    Crisis Management
    Life Sciences
    Real Estate
    White Collar & Corporate Investigation
    Workplace Environmental, Health & Safety/OSHA