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Environmental Law
Whyte Hirschboeck Dudek S.C.’s Environmental Law Team is experienced in both the complex and day-to-day environmental issues affecting our industrial, corporate, real estate and energy clients, which include international, national, regional and local businesses. We take a proactive approach to addressing our clients’ environmental concerns. Drawing on our broad base of experience, we help our clients manage and allocate risks associated with environmental costs and liabilities through compliance review and due diligence in real estate and business transactions. Our attorneys are well versed in the intricacies of the environmental permitting processes of the Wisconsin Department of Natural Resources (WDNR), U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency (USEPA), and have successfully obtained and defended various environmental permits and approvals for our clients. We are also experienced in defending environmental enforcement actions involving state and federal agencies and environmental interest groups.
 
We work closely with members of WHD’s Corporate Transactions, Commercial Real Estate, Commercial Finance, Corporate Compliance & White Collar DefenseSustainability & Renewable Energy, and Energy & Mining teams to provide clients with the expertise needed for a successful representation.

Representative Engagements

  • Air – Assisted with applicability determinations and strategies concerning air permitting and compliance with substantive requirements affecting various industries including coating operations, foundries, electric generating units, and equipment manufacturers;
  • Enforcement – Represented clients in enforcement actions brought by state and federal agencies for violations of air, water, wetland, stormwater and solid and hazardous waste laws within the context of civil and criminal liability;
  • Third-Party Claims – Represented clients in litigation brought by environmental interest groups, neighboring property owners and other third parties for alleged violations of environmental laws;
  • Climate Change – Assessed the impact of current and future greenhouse gas regulations on clients’ businesses including potential benefits of voluntary registration and/or emission reduction and carbon offsets, and assisted clients with the development of carbon footprint reduction strategies;
  • Green Tier – Assisted with implementation of Green Tier commitment to superior environmental performance and continuous improvement in the areas of air quality, waste reduction, water quality, energy minimization, day lighting and green design;
  • Waterways and Wetlands – Assisted with waterways and wetlands permitting at the state and federal levels, including riparian and related waterfront development;
  • CERCLA/Superfund – Defended clients in CERCLA cost recovery and contribution actions and related state law actions; and actively participated in potential responsible party (PRP) groups allocating responsibility among PRPs;
  • Brownfields Redevelopment – Assisted clients in the redevelopment of former brownfield sites, and the remediation of properties targeted for brownfields redevelopment;
  • Site Investigation and Remediation – Assisted clients with the investigation and remediation of contamination including negotiating remediation strategies with regulatory agencies, obtaining voluntary party liability exemption certificates and off-site liability exemption determinations. Project sites have included traditional manufacturing facilities, spill sites and remediation of contaminated sediments in public waterways;
  • Transactions – Performed environmental due diligence associated with corporate and real estate transactions, negotiated environmental representations and warranties for various business and real estate transactions and advised clients on various state and federal lender liability protections;
  • Solid Waste – Represented clients in the negotiation and arbitration process for solid waste landfill siting and expansion, high volume industrial waste issues, beneficial reuse determinations, and defended enforcement actions concerning compliance with solid waste license and related compliance issues;
  • Hazardous Waste – Assisted clients with federal Resource Conservation and Recovery Act (RCRA) permitting, compliance with solid waste determinations and corrective action, negotiated low hazard exemptions to standard requirements, assisted clients with regulated transport, disposal and treatment alternatives, and defended federal and state enforcement actions concerning compliance with permits and regulations;
  • WPDES Permitting – Assisted clients with permitting, compliance and enforcement issues for direct discharges to the waters of the state as well as assisting with pre-treatment requirements for those discharging to publicly owned treatment works. Projects have involved discharges of stormwater, hydrostatic test water, and industrial or large scale agricultural discharges under the federal Clean Water Act and its state counterpart;
  • Endangered Species – Advised clients on the endangered species consultation and incidental take processes at the state and federal levels including the development of endangered resources reports, biological opinions and biological assessments; and
  • Historic and Cultural Resources – Advised clients on federal, state and local historical and cultural resources issues.