Simon, Peragine, Smith & Redfearn’s
clients rely upon the firm’s vast environmental expertise
in litigation exposures, real estate transactions, construction,
land use and permitting concerns, insurance defense, government
agency interactions, and regulatory compliance counseling.
As a result, SPS&R represents various real estate
clients, including developers, owners, construction firms,
lenders, and lessees; as well as industrial clients, including
energy, chemical, oil and gas, consumer product and waste
management companies. In so doing, the firm takes a “cradle
to grave” approach to guiding clients in their business
transactions.
SPS&R attorneys counsel clients on the myriad of
potential environmental liabilities that can effect their
transactions. In this, SPS&R structures transactions
and contracts to eliminate or otherwise minimize a client’s
environmental liability. Incorporated into this process
is guidance on performing proper due diligence, insuring
against liabilities, structuring warranties, indemnifications
and other contractual provisions, and better allocating
environmental risks among parties.
In addition to front-end counseling in the structuring
of a transaction, SPS&R attorneys litigate and advise
clients on related investigation and remediation issues,
including for all aspects of indoor and outdoor vicinity
pollution such as asbestos, silica, lead paint, radon and
other naturally occurring radioactive materials (Naturally
Occurring Radioactive Materials and Technology Enhanced
Radioactive Materials).
SPS&R attorneys also provide guidance on redeveloping “brownfields” and
other historically contaminated residential and commercial
property. This service includes counseling on and facilitating
environmental assessments in compliance with applicable
regulations and securing available government and financial
and tax incentives from government and non-government sources.
Finally, SPS&R attorneys have experience in litigating,
providing compliance counseling, drafting proposed rules,
and challenging enforcement and other administrative actions
under the following federal statutes and state analogs:
- 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)
- Emergency Planning and Right-to-Know Act (EPCRA
- National Environmental Policy Act (NEPA)
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