Environmental Compliance

We Help Companies Manage All Aspects of Federal, State, and Local Environmental Compliance 

Environmental compliance is an essential component of overall corporate compliance and risk management for companies in a wide range of industries. Not only can failing to meet companies’ environmental compliance obligations create regulatory enforcement exposure, but, in many cases, it can also create civil or commercial liability exposure. 

We help companies of all sizes manage all aspects of environmental compliance. Whether your company needs to develop an environmental compliance program from scratch, your company’s compliance program needs an overhaul, or you currently lack a clear understanding of what is required, our lawyers can provide the advice and insights you need. We can then develop a comprehensive and custom-tailored environmental compliance program for your company, and, if desired, we can help your company effectively manage environmental compliance on an ongoing basis. 

Federal Environmental Compliance 

Companies can face a wide range of environmental compliance obligations at the federal level. There are numerous federal environmental laws, and companies must strictly comply with all applicable U.S. Environmental Protection Agency (EPA) regulations. 

From complying with the Clean Air Act (CAA) and Clean Water Act (CWA) to complying with the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the EPA’s regulations promulgated thereunder, companies may have a host of federal environmental compliance obligations. We begin by identifying our clients’ specific compliance obligations, and then we develop environmental compliance programs that are custom-tailored to our clients’ specific needs. 

State and Local Environmental Compliance 

We take the same approach to helping our clients manage environmental compliance at the state and local levels. With offices in California, Connecticut, Florida, New Jersey, and New York, we are particularly familiar with the laws and regulations in these jurisdictions. However, we have the capabilities required to help our clients effectively manage environmental compliance on a nationwide scale. 

When it comes to environmental compliance, compliance at the federal, state, and local levels is all equally important. Many companies have reporting obligations under state law, and noncompliance with these obligations can trigger substantial penalties. Noncompliance with other state and local compliance obligations can trigger substantial penalties and may also lead to issues with permits, entitlements, and other administrative matters.   

Our Environmental Compliance Services 

Within our environmental practice, we offer comprehensive environmental compliance services focused on helping our clients efficiently and confidentially manage their compliance obligations on an ongoing basis. These services include: 

Environmental Compliance Audits 

Understanding a company’s environmental compliance obligations starts with conducting an internal compliance audit. When conducting these audits, we focus on both: (i) assessing the efficacy and sufficiency of our clients’ current compliance policies and procedures (if any); and (ii) identifying the full scope of our clients’ obligations. Once we have a clear understanding of what is required, then we can provide custom-tailored advice and recommendations. 

Environmental Compliance Program Development 

Our attorneys develop environmental compliance programs that are designed to comprehensively address our clients’ federal, state, and local obligations without unnecessary burdens. Having worked with numerous companies to manage their environmental compliance obligations, we are familiar with what it takes to effectively manage all aspects of environmental compliance on an ongoing basis.   

Environmental Compliance Program Implementation and Training 

While developing an environmental compliance program is essential, it is not sufficient on its own. Companies must also implement their compliance programs in all pertinent areas of their operations. Our lawyers assist our clients with implementation as needed. 

Internal Compliance Monitoring and Documentation 

Another key aspect of effective environmental compliance management is ongoing compliance monitoring. Companies need to know if their compliance programs are working, and they need to respond appropriately when their employees fail to do what is required. Maintaining documentation of companies’ ongoing compliance efforts is important as well, as this documentation can prove key when facing scrutiny from the EPA or other regulatory authorities. 

Monitoring for Legal Developments 

Beyond meeting their current legal and regulatory obligations, companies must ensure that they timely comply with any newly adopted laws and regulations as well. Our firm monitors for legal developments at the federal, state, and local levels, and we inform our clients when new requirements arise. We then assist our clients with updating their environmental compliance programs as necessary, including helping to ensure that they timely comply with phase-in schedules as applicable. 

Phasing in New Environmental Compliance Obligations 

In many cases, legislative and regulatory authorities will take a phased approach to implementing new environmental laws and regulations. This approach is designed to give companies the time they need to come into compliance. Our lawyers ensure that our clients have a clear understanding of what is required, and then we assist our clients with developing and implementing plans for coming into compliance in a timely manner. 

Responding to Environmental Risk Events 

Risk response is a key aspect of environmental compliance as well. When spills and other contamination events occur, companies must respond swiftly and appropriately to mitigate any potential harm. Our lawyers are available to assist our clients as needed by interfacing with the EPA and other appropriate authorities. 

Managing Compliance Risk During Transactions 

Our lawyers also assist our clients with managing environmental compliance risks during real estate and commercial transactions. Numerous types of transactions can present potential risks for environmental liability exposure. Here, too, we begin by helping our clients understand the risks they need to address, and then we work with our clients to help them protect their interests going forward. 

Contact the Environmental Attorneys at McLaughlin & Stern 

If you would like more information about our firm’s environmental compliance practice, we invite you to get in touch. One of our experienced environmental attorneys will be more than happy to explain more about how we can help your company. To schedule a confidential consultation at McLaughlin & Stern, please call (212) 448-6247 or tell us how we can get in touch online today.