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Environmental Enforcement & Compliance Strategies

Contacts

Matthew W. Morrison
Partner, Washington, DC
T: +1.202.663.8036
Jeffrey A. Knight
Partner, Washington, DC
T: +1.202.663.9152
Mark E. Elliott
Partner, Los Angeles
T: +1.213.488.7511
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Pillsbury helps clients in diverse industries ensure environmental compliance; respond to government inquiries, enforcement actions and litigation; limit liability; and avoid enforcement risk.

Pillsbury’s Environmental Enforcement group includes lawyers with decades of environmental enforcement experience who served at federal regulatory agencies, including the U.S. EPA, Department of Energy, Department of the Interior, National Oceanic & Atmospheric Administration and the Justice Department’s Environment and Natural Resources Division. This experience gives our team deep insights into the dynamics and priorities of key environmental regulators. Our lawyers are effective advocates, skilled at asserting strong and compelling responses to noncompliance allegations. We also take a proactive approach, working with clients and their teams to develop and implement environmental compliance strategies and compliance programs to minimize risk and ensure that federal, state and local environmental legal obligations are met in a cost-effective, efficient manner. Our lawyers stay current on regulatory and policy developments and keep companies and specific sectors informed on the latest trends in federal, state and citizens’ environmental enforcement. Further, we assist clients in conducting audits and internal investigations.

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Pillsbury’s environmental team represents clients from industries such as energy, manufacturing, infrastructure, construction, real estate, health care, education, natural resources and transportation, as well as their industry and trade associations. As leading advisers on air and water, climate change, hazardous waste management, Superfund, and endangered species, we provide enforcement defense and compliance counseling under all of the major state and federal environmental laws, including:

  • Clean Air Act (CAA)
  • Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)/Superfund
  • Resource Conservation and Recovery Act (RCRA)
  • Toxic Substances Control Act (TSCA)
  • Clean Water Act (CWA)
  • Endangered Species Act (ESA)
  • National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA)
  • Oil Pollution Act (OPA)
  • Safe Drinking Water Act (SDWA)
  • Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)
  • National Environmental Policy Act (NEPA)
  • Oil Pollution Act (OPA)

Representative Experience

  • Represented Duke Energy in an Endangered Species Act case, successfully challenging a Biological Opinion issued by the National Marine Fisheries Service regarding two of Duke Energy’s hydropower facilities.
  • Successfully representing Teck Metals in Superfund enforcement proceedings, and obtained precedent-setting, nationally significant favorable appellate decision on aerial emissions.
  • Representing multiple construction companies in federal and state Clean Water Act enforcement cases in California, Colorado, Texas, Virginia, Maryland and Washington, DC.

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  • Environmental Enforcement
    • Defeated environmental organizations’ attempt to expand scope of federal environmental laws to address locomotive diesel emissions at client-operated rail yard under RCRA, a solid waste statute.
    • Prevailed in litigation against environmental groups for Brookfield Renewable Power regarding Endangered Species Act claims arising out of four hydropower plants in Maine.
    • Represented a multinational defense, security and aerospace company in various regulatory matters and enforcement actions, including negotiating a consent order to address Clean Water Act injunctive relief at a government-owned, contractor-operated facility.
    • Assisted the former Environmental, Health, and Safety manager at a large natural gas exploration and hydraulic fracturing company in an EPA criminal investigation.
  • Environmental Compliance
    • Advised Duke Energy on permitting and compliance obligations associated with various options for treating coal combustion residuals to increase beneficial reuse of the material.
    • Provided counsel to the Association of American Railroads and its member companies on air quality, climate change and similar matters in California, Oregon and Washington State.
    • Advised U.S. coal gasification plant that manufactures natural gas on compliance options and strategy to comply with new EPA regulations governing emissions during process startup, shutdown and malfunctions.

Practice Area Highlights

  • Achieved U.S. News – Best Lawyers’ Tier 1 national Environmental Law  and Environmental Litigation rankings; nationally ranked for Land Use and Zoning law; and nationally ranked for Natural Resource Law (2024).
  • Pillsbury’s Environmental practice ranked by Chambers USA in the national (2009-2023), California and Washington, DC, categories (2009-2023).
  • Recognized by The Legal 500 U.S. for excellence in Environmental Litigation (2016-2023) and Environmental Regulatory (2019-2023).

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  • Named U.S. News – Best Lawyers’ 2014 Environmental Law Firm of the Year.

Resources

Brochure

Environmental

Factsheet

Natural Resources Damages

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