Environmental

/Overview

Our environmental team is nationally recognized for identifying and mitigating current and potential environmental challenges long before they escalate into significant complications. With backgrounds in science and engineering, our team provides strategic and practical advice to move our clients’ objectives forward anticipating business and regulatory risks, minimizing costs and developing workable solutions.

NP’s environmental lawyers guide clients through environmentally complicated compliance and opportunity matters. We safeguard against the assumption of environmental liabilities during mergers or acquisitions, and provide guidance on product liability, complex environmental disputes, toxic tort, and property damage litigation. We work with a wide range of clients including manufacturers, consumer product retailers, finance companies, healthcare businesses, renewable energy companies, and higher educational institutions. Our team understands the science, the law, and the business drivers. We’re adept at predicting future hurdles for our clients.

/Representative experience

• Manufacturer of high-performance coatings: Represent client in all manner of environmental regulatory and local land use issues. We currently are working on the completion of a brownfield clean-up project and a basin remediation.
• Advanced Manufacturing: Facilitate the environmental remediation and oversight process for multiple legacy environmental liabilities for numerous advanced manufacturing companies including semiconductors, cooling equipment, medical devices, and pharmaceuticals, with a focus on compliance, smooth regulatory interactions, and cost cutting where feasible, including CERCLA Superfund, State and Licensed Environmental Professional/ Licensed Site Remediation Professional/Professional Engineer/Professional Geologist oversight sites.
• Health services organization: Represented in the expansion of its health center in New York.  We guided the client through the environmental due diligence involved in the development and financing, including performance of Phase I and Phase II environmental site assessments.
• Airport cargo facility developer: Represented in the negotiation of a ground lease agreement for the development of a state-of-the-art cargo facility on more than 26 acres at John F. Kennedy International Airport. Our engagement included the negotiation of the environmental provisions of the ground lease with the Port Authority of New York and New Jersey, guidance on the environmental due diligence process, and assistance with the creation of an environmental management plan required for construction and operation of the facility.  
• Maritime operator: We assist a large maritime operator with all aspects of environmental compliance regarding their leases of port space, including due diligence, wastewater, stormwater, USTs/ASTs, as well as stationary and mobile air emissions.
• Developer of shopping plaza in Monroe County, New York: Represented in obtaining a residential-to-commercial rezoning, and related land use and zoning approvals, including extensive drafting and review of all documents relating to the SEQRA EIS. We successfully defended the developer in an Article-78 proceeding that challenged the approvals. 
• Fuel release to ocean: Represented a large stationary source that discovered an emergency release of fuel that reached a public beach. To achieve closure with minimal fines and negative press we worked closely with multiple federal, state, and local regulatory agencies as well as the news media.
• Food & Beverage Manufacturer: Represent a large beverage manufacturer with all aspects of environmental risk and compliance, including due diligence, EPCRA, RCRA, non-RCRA hazardous waste, TSCA, Proposition 65, lead, permit issuance, modification and termination, remediation, environmental release reporting, wastewater, stormwater, and more, including defense of enforcement and third-party actions.
• Global Food Company: Successfully advised client and consultant team on the identification and navigation of key opportunities around carbon commercialization and climate action, including navigation of federal and state grant opportunities, third-party agreements, legal and compliance considerations, and minimization of risks.
• Consumer Products Goods Manufacturer: Identified supply chain solutions for emerging chemistry requirements in packaging, which ensured the client could effectively manage packaging chemical risks and customer expectations without imposing a significant administrative obligation

/Recognition

• Nixon Peabody has been named a Tier 1 National firm for Energy Law and Environmental Law in the 2024 edition of Best Law Firms®.
• Ranked in Chambers USA for Environment in Upstate New York.
• Chambers USA - Band 1: Upstate New York Environment; Band 2: New York Environment; Band 3: Massachusetts Environment