Environment, Land Use & Natural Resources

Pillsbury’s Environment, Land Use & Natural Resources practice is nationally ranked by 2009 Chambers USA, a leading independent guide that interviews clients to compile its rankings.

For over half a century, Pillsbury has represented national and international clients in environmental matters, building and refining a practice with a deep understanding of evolving international, federal and state environmental policy and regulation.

Our experience encompasses litigation and enforcement; business and real estate transactions; legal and regulatory compliance and “beyond compliance” counseling; legislative and regulatory monitoring and advocacy; project siting, development and finance; environmental impact analysis; risk assessment; and environmental management systems and strategy. We have a strong reputation in such areas as air and water pollution control, hazardous waste management, Superfund, toxic tort, endangered species and environmental impact analysis. To ensure efficient management of local issues, we maintain close relationships with local counsel in other states.

Although our experience covers virtually every aspect of environmental and natural resources law, our practice’s principal areas include:

Business Transactions
We advise clients in identifying and evaluating compliance questions and potential environmental liabilities. Our analysis helps sellers, purchasers and lenders fully comprehend the risks associated with transactions as we develop creative solutions and negotiate effective contractual protections.

Monitoring and Predicting Emerging Environmental Issues
Engaging the firm’s multidisciplinary teams, we track and advise clients on emerging developments in environmental legislation, regulation, policy, and management which potentially impact their operations.

Land Use and Development
We represent developers, lenders, investors and public authorities in all aspects of land use and development, applying detailed knowledge of land use laws affecting planning and zoning, the coastal zone, wetlands, timber lands, solid and municipal waste and endangered species. We are experienced in Brownfields development projects including UXO (Unexploded Ordinance) properties, infrastructure financing and development for an array of projects including offshore oil and gas development, oil refineries, power plants, resource recovery and waste facilities, airports, office buildings, shopping centers, residential subdivisions, college campuses and transit systems.

Natural Resources Issues
We advise clients in the timber, mining and other natural resources-based industries on regulatory compliance and responses to administrative and enforcement actions.

Litigation and Enforcement
We work closely with clients to seek early resolution of potential enforcement issues or, when necessary, defend against enforcement actions. Our attorneys have experience with toxic tort actions and actions under federal and state environmental laws, including the Clean Air Act (CAA); Clean Water Act (CWA); Safe Drinking Water Act (SDWA); Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); Resource Conservation and Recovery Act (RCRA); Toxic Substances Control Act (TSCA); Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); and National Environmental Policy Act (NEPA). We have several nationally known appellate litigators with notable experience in cases under virtually every federal environmental statute. We regularly take a leading role in litigation that shapes environmental law.

International Issues
When clients’ business interests transcend national boundaries, we have the depth of experience to represent them in international litigation and arbitration involving environmental claims; environmental aspects of business transactions abroad; issues arising under the North America Free Trade Agreement (NAFTA), World Trade Organization (WTO), and other international trade regimes; and the application and implementation of multilateral environmental agreements.

Occupational Health and Safety
Our practice advises employers on their obligations in health and safety matters, primarily under the federal Occupational Safety and Health Act (OSHA) and analogous state laws.

Environmental Compliance Programs and Management Systems
We facilitate the design and implementation of environmental compliance programs on the state, federal or international level for our clients. Our advice on internal and external audits identifies areas of potential benefit, achieving full legal compliance with a minimum of cost. In addition, we have extensive experience in the deployment of integrated environmental management systems and health and safety management systems. We registered over 30 industrial installations in Europe, North America and Asia to the ISO 14001, BSi7750 and IS 310 Environmental Management System standards.

Industrial Permitting and Regulatory Compliance
We assist industrial clients in obtaining, renewing and complying with permits and regulatory requirements for facility construction and operation. Industry sectors represented include oil and gas production, refining, transport and marketing; power generation; aviation; automobile and consumer product manufacturing; and waste management.

Energy
Our attorneys counsel firms and utilities on energy project environmental issues related to the siting, permitting, financing, and operation of energy projects of every kind. We advise clients on their compliance responsibilities under federal environmental protection and energy regulations, including oil spill response, fuels formulation, and nuclear plant decommissioning and cleanup. We have also represented them in enforcement actions and in administrative proceedings and litigation.

Aviation
We counsel airlines and airports of all sizes on compliance with relevant environmental laws and regulations, including provisions governing environmental impact analysis, noise and air pollution control, and the management of hazardous materials, substances, and wastes. We have assisted in the sitings, developments and permitting of airports as well as air expansion.