Environmental Law

(c) Tony EitzelRegulatory compliance, permitting, enforcement , and coverage litigation are among our firm’s numerous environmental law specialties. We have substantial expertise in:

  • performing and assisting with due diligence requirements or completing environmental audits
  • representing stakeholders in CERCLA (Superfund) and RCRA enforcement actions
  • litigating environmental damage coverage disputes on behalf of policyholders against insurance companies
  • recreating insurance coverage for multi-year/multi-site PRPs when policies are lost
  • participating in rulemaking hearings concerning water quality standards
  • advising clients concerning compliance and litigation regarding NEPA requirements
  • advising clients on requirements for the transportation of hazardous materials
  • participating in EPA-sponsored conferences on Superfund/RCRA and setting standards for the disposal of sewage sludge
  • advising clients on the removal of leaking underground storage tanks and advocating for reimbursement from the state fund
  • obtaining water decrees establishing water rights
  • drafting product exemption laws for trade associations at the state or local level * investigating toxic releases contaminating property

Many of our environmental represent clients at high profile Superfund sites in and throughout the western United States, including the Lowry Landfill, the Rocky Flats former nuclear weapons production facility, the Stead Solvent Site in northwestern Nevada, and the Heartland of America site in Nebraska.

We have successfully litigated the three precedent-setting establishing the right of Colorado insurance policyholders to recover environmental damages under policies.

Our attorneys have participated in White House conferences on CERCLA (Superfund), testified on behalf of clients in both houses of Congress, taught environmental courses at law schools and universities, and served as counsel for numerous public entities and private companies, from agricultural products companies to aircraft manufacturers, cities and counties to commercial landlords, citizens groups to engineering and environmental cleanup firms, dry cleaners to lenders, real estate developers to ski area owners, and wastewater treatment plants to water and sanitation districts.

Attorneys serving Environmental Law

William J. Brady has authored the Superfund and Toxic Torts Sections of The Regulation of Hazardous Substances and Toxic Wastes, Professor’s Manual, University Casebook Series, published by Foundation Press, as well as the chapter on Environmental Insurance for the treatise, “Environmental Regulation of Colorado Real Property,” Stephen A. Bain, Editor, published by Bradford Publishing Company, June 2007.

Also visit our section on Insurance Litigation.

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