Environmental, Health and Safety
We have extensive experience guiding businesses through the maze of environmental, health and safety (“EHS”) issues, including the requirements of the Environmental Protection Agency (“EPA”) and Occupational Safety and Health Administration (“OSHA”).
For example, our lawyers can assist you with regulatory compliance, transaction due diligence, governmental proceeding, remedial action and cost recovery matters, as explained below.
Regulatory Compliance and Affairs. We routinely help clients identify their regulatory requirements and develop programs to manage their responsibilities, such as pursuant to the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act and Toxic Substance Control Act. These requirements may begin with the clearance and marketing of chemical, electrical, engine, food, laser, medical device and pharmaceutical products and extend through the handling of hazardous wastes and pollutants at the factory level. In addition, we regularly help clients with the siting, permitting and development of industrial and environmentally sensitive facilities.
Transaction Due Diligence and Risk Management. We frequently manage EHS investigations and negotiation of EHS contract terms in connection with the purchase, sale or financing of companies and real properties. For instance, we often arrange for phase I and II environmental site assessments and compliance audits of target assets. Based upon the results, we negotiate appropriate representations, warranties, covenants and indemnification provisions in the definitive transaction agreements. Also, we have procured various EHS insurance policies to mitigate or transfer potential liabilities for contaminated properties or regulatory violations.
Remedial Action and Brownfields Projects. Where due diligence or other circumstances identify properties contaminated with hazardous substances or pollutants, such as those with a leaking underground storage tank, we can assess options for cleaning up, redeveloping and minimizing long-term liabilities associated with such properties. In many cases, we help clients seek a “no further remediation” or “no further action” determination by the applicable regulatory authorities. Among other things, we can manage the engagement and supervision of environmental consultants and contractors.
Governmental Inspections and Proceedings. We often advise and defend clients regarding inspections, citations and enforcement actions involving EPA, OSHA and similar agencies. Where possible, we work to resolve alleged violations of law in an expeditious and cost-effective manner, often with no admission of liability by the client. Where necessary, we can represent clients in contesting governmental allegations.
Cost Recovery. The unpermitted release or disposal of hazardous substances may result in significant cleanup and other liabilities pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, also known as CERCLA or the Superfund statute, as well as other EHS laws. We often represent clients both in prosecuting and defending claims involving such liabilities and the allocation or recovery of cleanup costs. Similarly, we advise clients as to the potential for seeking cost reimbursement from insurers.
The attorneys and lawyers of Jeremy A. Gibson & Associates, P.C. are experienced in handling environmental, health and safety matters throughout the United States, including the Chicago, Illinois area. When necessary, we can identify and contract with the appropriate consultants, engineers and expert witnesses to provide technical support, such as for compliance audits and permit applications. Please see our Experience page or contact us.