Environmental

Environmental
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Our Work

  • Convenience Stores

    Coordination of sale and/or purchase of various convenience store sites, including environmental reports and issuance of title insurance.

  • Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund) and Resource Conservation and Recovery Act (RCRA) Claims

    Represented parties defending numerous lawsuits involving superfund sites, including Gulf Coast Vacuum, Combustion Inc., Bayou Sorrel, Ruston Foundry, Palmer Barge Line and Malone Services. McGlinchey attorneys have defended numerous potentially responsible parties and have served on Defendants’ steering committees. McGlinchey attorneys frequently have assisted clients responding to CERCLA/Superfund Notice Letters and RCRA Section 308 InformationMore

  • Environmental and Public Health Issues Counsel

    Acted as Special Counsel to the St. Bernard Parish Council in responding to environmental and public health issues resulting from Hurricanes Katrina and Rita; established and acted as first General Counsel of Shipyard Association for Environmental Responsibility (SAFER) representing 67 shipyards along the Gulf Coast in dealing with federal and state environmental issues concerning theMore

  • Environmental Compliance for Financial Institutions

    Assisted numerous creditors in regulatory and compliance issue that arise in the context of securitization and enforcement of real estate loans. McGlinchey attorneys also have prepared opinion letters for lending institutions certifying compliance with all federal and state environmental permitting requirements.

  • Environmental Permitting

    Assisted clients in all matters of air, water, solid and hazardous waste, and wetland permitting issues, including, for example, assisting numerous clients in wetland permitting issues under the federal Clean Water Act (Section 404 Permits) and the Louisiana Coastal Resources Program (Coastal Use Permits); developers and operators of solid waste disposal facilities in both permittingMore

  • Careful Investigation, Cooperation with Regulators, and Finding the Real Guilty Party Clears Client from Government Action in HAZMAT Probe – At No Cost

    Where we started: The United States Environmental Protection Agency (EPA), Department of Justice (DOJ), and Ohio EPA brought allegations that our client, a large military defense contractor, illegally disposed of hazardous waste material in a residential area in Ohio. After these agencies notified the contractor’s legal department and management team of an impending enforcement action, theyMore

  • Legacy Oilfield Cleanup Litigation

    Defended numerous oil and gas operators from claims alleging historical non-hazardous Oilfield Waste (NOW) and Naturally Occurring Radioactive Material (NORM) contamination of property at or adjacent to oilfield sites allegedly arising out of oil and gas production.

  • Positioning the Facts to Demonstrate Plaintiff Suffered No Substantial Damages Undercuts Litigation and Scores a Victory for Client

    Where we started: A landowner in Louisiana claimed our client, a large environment consultant, provided bad advice about whether a sizeable tract of property could feasibly be very valuable as a wetlands mitigation bank. Based on the consultant’s assessment, the landowner invested money and resources into developing its land in preparation for the state to designateMore

  • Remediation of Contaminated Properties

    Assisted clients in remediation of contaminated properties, particularly involving application of Louisiana’s Risk Evaluation/Corrective Action Program (RECAP), and addressed issues in property transactions, particularly regarding due diligence innocent landowner, bona fide prospective purchaser, innocent neighbor, and voluntary remediation program (VRP) limitations on environmental liability. McGlinchey has been closely involved in remediation of a wide rangeMore

Industries

Services

Insights

  • Environmental Due Diligence In The Wake Of COVID-19

    The COVID-19 pandemic has the potential for impacting prospective purchasers of real estate from performing due diligence. The Bona Fide Prospective Purchaser (BFPP), the Innocent Landowner (ILO), and the Contiguous Property Owner (CPO) who want to avail themselves of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) defenses under the All Appropriate Inquiry Rule (AAI) may find it difficult to carry out the essential requirements under the rule.

  • Do we need to comply with EPA regulations during COVID-19?

    On March 26, the EPA issued guidance on how it will exercise its enforcement discretion in light of the COVID-19 pandemic. Many states have implemented similar guidance on exercising prosecution discretion during the crisis.

  • PHMSA Relaxes Regulations in Wake of COVID-19 Crisis to Keep Pipelines Open

    In the wake of COVID-19, the Pipeline and Hazardous Materials Safety Administration (PHMSA) issued two guidance documents recognizing the paramount importance of oil and gas in responding to the crisis while allowing flexibility should operators face resource and staffing constraints in executing their daily pipeline safety compliance obligations.

  • Supreme Court hears arguments in CERCLA case that could have widespread ramifications

    On December 3, 2019, the U.S. Supreme Court heard oral arguments in a CERCLA case that could have ramifications for industry around the country. The case involves challenges to EPA’s authority to determine and approve remedial plans and cleanup goals in the face of state laws which provide for more stringent cleanup standards and the federal courts’ exclusive jurisdiction to determine disputes arising under CERCLA.

  • McGlinchey Stafford announces 50 Practice Areas Ranked in 2020 Best Law Firms®

    McGlinchey Stafford PLLC is pleased to announce three national practice group rankings and 47 metropolitan practice area rankings (up from 41 in 2019) in the 2020 edition of U.S. News/Best Lawyers’ Best Law Firms®.

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