ADG Environmental

Overview

Blank Rome’s Environmental Group is uniquely positioned to serve the Aerospace, Defense, and Government (“ADG”) industry, with a team that includes former U.S. Department of Justice trial (“DOJ”) attorneys, U.S. Environmental Protection Agency (“EPA”) officials, and assistant U.S. attorneys. Our experience is particularly relevant to ADG companies that must navigate complex environmental regulations, including remedial requirements set for the in the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) and the Resource Conservation and Recovery Act (“RCRA”) as well as corresponding state superfund laws.

How We Can Help

We offer a comprehensive suite of environmental legal services tailored to the ADG industry, including:

  • Environmental Compliance and Permitting: We assist with obtaining necessary permits and ensuring ongoing compliance with federal and state environmental and safety laws, including CERCLA, the Clean Air Act (“CAA”), RCRA, the Emergency Planning and Community Right-to Know Act (“EPCRA”), the Clean Water Act (“CWA”), the Safe Drinking Water Act, The Toxic Substances Control Act (“TSCA”), and the Occupational Safety & Health Act (“OSHA”).
  • Environmental Due Diligence and Transactional Risk Management: We work closely with our Corporate practice groups to identify, quantify, and manage environmental risks in mergers, acquisitions, private equity and lending transactions specific to the ADG industry.
  • Environmental Enforcement and Litigation: Our team has extensive experience in civil, criminal, and administrative proceedings, including CERCLA-related cost-recovery and cleanup-cost allocation matters. We represent clients in defending against enforcement actions, negotiating judicial consent decrees and administrative orders and penalties, and natural resource damages assessments.
  • Proactive Environmental, Health and Safety (“EHS”) Compliance Evaluations and Strategy: Given the capital-intensive nature of the ADG industry and the stringent EHS regulations applicable to the industry, we develop practical EHS evaluation and compliance strategies to audit compliance and minimize current and future liabilities. We also conduct internal investigations efficiently and discreetly when violations have occurred, to identify strategic considerations towards compliance, voluntary disclosure and policies and procedures to revise.

Our practice covers a wide range of EHS legal areas relevant to the ADG industry, including:

  • Corporate, real estate, and lending transactions
  • Construction and operating permits for project development
  • Natural resource damages claims
  • Toxic tort litigation
  • Hazardous Materials Transportation Act
  • OSHA Programs
  • Remedial Programs and Emergency Response

We are committed to understanding each client’s specific business needs and objectives, and we strive for creative and cost-efficient solutions that align with your business goals.

Experience

  • Representation of a shipping and towing corporation in an EPA and the New York State Department of Environmental Conservation (“NYSDEC”) enforcement matter involving claims under CERCLA and New York’s Navigation Law and state superfund statute.
  • Representation of a large county government regarding disputed CERCLA claims involving multiple parties and DOJ and EPA/Region 3 as well as the Delaware Natural Resources and Environmental Control (“DNREC”).
  • Representation of several companies in CERCLA and RCRA enforcement and litigation matters involving multimillion-dollar clean-up cases within the jurisdiction of EPA Regional Offices 2,3,4, and 5.
  • Representation of a manufacturer in a CAA enforcement matter involving DOJ, EPA/Region 5, Illinois EPA, and Ohio EPA and negotiation of a consent decree.
  • Assisted manufacturing client with the acquisition of a former military (Base Realignment and Closure (“BRAC”) facility.
  • Representation of various government contractors in RCRA, FIFRA, TSCA, and OSHA enforcement actions.

 

Team