Hunsucker Goodstein’s attorneys work in the complete range of environmental matters, including pollution liability and remediation, property damage litigation, air pollution, groundwater pollution, soil contamination and noise pollution.
Our Environmental practice includes environmental counseling and representation before agencies, litigation, transactions, natural resource claims and work on behalf of Indian Tribes. We also pursue insurance coverage, cost recovery and other sources of payment for our clients’ environmental matters.
Counseling, Compliance and Regulatory Claims
Our Environmental counseling, compliance and regulatory claims practice focuses on matters involving groundwater, surface water, soil and air on properties owned by our clients or others that are impacted by chemicals. We represent clients nationwide in disputes arising out of environmental laws, regulations and policies and under common law. Our clients rely on us to:
- Handle matters with local, state and federal regulators, property owners, individuals and businesses, citizens and public interest groups;
- Provide counseling for compliance with environmental regulations; and,
- Resolve claims made under federal environmental laws, including the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or “Superfund”), the Resource Conservation Recovery Act (RCRA), the Clean Water Act, the Clean Air Act, the Oil Pollution Act (OPA), the Endangered Species Act (ESA), the National Environmental Policy Act (NEPA) and similar state environmental laws.
We have extensive knowledge of and experience with regulatory policies and the legal, scientific, financial and insurance tools available to obtain assets for investigation and remediation of environmentally impacted properties.
Our Environmental litigation practice focuses on statutory environmental claims before governmental agencies and courts brought under federal or state law, including CERCLA, RCRA, Natural Resource Damages, the Clean Water Act, the Clean Air Act, OPA, NEPA, ESA, requirements for public resources and land uses and similar state statutes. It also encompasses litigation between parties related to pollution, including claims for cost recovery, contribution, contractual and equitable indemnity, negligence, nuisance, strict liability and trespass.
The firm has been successful in handling complex environmental litigation related to the following industries:
- Forest, pulp and paper;
- Government (States, municipalities and Indian tribes);
- Industrial and retail laundry and dry cleaning;
- Petroleum (Oil, gas and asphalt refining and terminals);
- Manufacturing; and,
- Real estate (Developers and land owners).
Our Environmental transactions practice focuses on all aspects of transactions, from before the letter of intent through the due diligence (including Phase I and Phase II assessments and permitting and compliance issues) and closing to post-closing issues. Hunsucker Goodstein's work includes reviewing due diligence, negotiating contract language, arranging for environmental insurance, drafting prospective purchaser agreements, preparing environmental escrows, and other efforts required to minimize potential environmental liability as part of transactions such as corporate mergers, acquisitions, or property purchases, on behalf of buyers, sellers, lenders, borrowers or other parties.
Natural Resource Claims
Our Natural Resource claims practice handles claims concerning rights, uses and compensation for injury to natural resources, including water and mineral rights, groundwater, species, drinking water (including wellhead protection and safe drinking water act claims) and public lands.
Native American Tribes
We work with Native American tribes to require the Federal Government and other government entities to fulfill their obligations as stewards of natural resources, including treaty and trust responsibilities. We have been successful at marshalling our prior experience representing government agencies such as the U.S. Environmental Protection Agency and bringing this experience to bear on behalf of Native American tribes. Our Native American clients rely on us to handle litigation brought under tribal and federal law, including tribal groundwater and surface water protection laws, public nuisance laws, waste handling and air pollution control laws, CERCLA, RCRA, the Clean Water Act, the Clean Air Act, NEPA, ESA and environmental regulatory actions.
We also pursue insurance coverage litigation for policyholders who have environmental-related claims under general liability, excess or umbrella, pollution liability, errors and omissions and property policies. For more information, please see our Insurance Coverage practice area page.