Environmental Permitting, Compliance & Risk Management

/Overview

Building and operating new developments—whether public or private—and producing products requires navigating a complex web of environmental regulations. Our clients rely on us to guide them through permitting, compliance, product stewardship, and risk management in this constantly evolving regulatory landscape.

Our environmental attorneys assess regulatory obligations; identify regulatory strategies; secure permits across a wide range of areas—including air, water granting, and quality; solid and hazardous waste disposal; recycling; composting; and more. We provide guidance and interface directly with regulators on alleged compliance issues. Our lawyers also advise on product-related regulatory frameworks, such as extended producer responsibility (EPR), chemical and material restrictions, labeling requirements, and circular economy initiatives. The team begins by identifying the best possible outcome, and work strategically to achieve it, leveraging strong relationships with regulatory agencies.

We support clients throughout the entire product and project lifecycle, from due diligence, supply chain reviews, and compliance assessments to enforcement defense and environmental disclosures. Our team advises on environmental, health, and safety programs, resolving issues proactively. With deep experience in the National Environmental Policy Act (NEPA); the Clean Water Act; the Clean Air Act; the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); the Resource Conservation and Recovery Act (RCRA); the Toxic Substances Control Act (TSCA); and other key federal and state environmental statutes, we provide robust advocacy in administrative and judicial actions.

Whether you’re developing infrastructure, energy, industrial, or commercial projects—or manufacturing, importing, or marketing products—we help anticipate challenges, streamline approvals, and mitigate risk, ensuring compliance and project success.

/Representative experience

Recycling facility permitting strategy. Advised client on permitting a new recycling facility with minimized regulatory requirements, achieving exemption status under hazardous materials, waste management, air emissions, and stormwater regulations.

Regulatory pathway for emissions compliance. Identified approval strategies for launching aftermarket conversion devices, including securing federal and state emission testing exemptions.

Regulatory defense under waste stewardship laws. Represented a large grocery store chain with in-store pharmacies in responding to allegations from CalRecycle under the Pharmaceutical and Sharps Waste Stewardship program.

Federal pesticide law compliance. Defended a large retail chain against allegations from the US EPA regarding compliance with the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). 

Plastic packaging compliance settlement. Facilitated negotiations and return-to-compliance with CalRecycle regarding alleged violations of the Rigid Plastic Packaging Container (RPPC) law, securing a penalty reduction of over $300,000 at final settlement.

Federal pesticide law enforcement defense. Represented one of the world’s largest mineral mining and export companies in resolving US EPA allegations under FIFRA, negotiating a mid six-figure assessed penalty down to a $12,000 final settlement.

Retail hazardous waste compliance. Ongoing representation of a large retail chain in addressing allegations of non-compliance related to the handling of hazardous and universal wastes generated through operations in California and Nevada.

Water Infrastructure. Legal advice and guidance to public water utility in connection with CWA § 404 and ESA permitting issues for water storage expansion project.

Property Management Environmental Issues. Represent property management and affordable housing developers in all aspects of due diligence and compliance issues related to building systems environmental compliance, with a focus on lead-based paint regulation, radon, asbestos, and mold.

/Recognition

• Nixon Peabody has been named a Tier 1 National firm for Real Estate Law in the 2025 edition of Best Law Firms®.
• Nixon Peabody has been named a Tier 1 National firm for Environmental Law in the 2024 edition of Best Law Firms®.