Environmental Due Diligence, Permitting And Compliance

Through our decades of experience in land use, natural resources, and environmental law, including prior work for the United States Environmental Protection Agency (EPA) and the Maryland Department of the Environment (MDE) and Department of Natural Resources (DNR), we are uniquely qualified to help businesses and developers understand their environmental compliance obligations in order to avoid legal and financial liability on issues related to business, real estate sales and acquisitions, and land ownership.

Rich & Henderson, P.C.'s lawyers supervise audits and reviews of governmental authorizations, permits, licenses, certifications and inspections in assisting companies' efforts to comply, and stay in compliance, with state, federal and even international environmental laws. And, since laws in these areas often change, we're particularly attentive to alerting clients to new environmental laws and land use regulations that could impact how they conduct business.

Due Diligence — Commercial And Business Transactions

We have performed or supervised environmental due diligence reviews for:

  • Industrial, commercial, agricultural, and residential real estate purchases and sales
  • Corporate acquisitions and sales
  • Loans and refinancing
  • Power generation and waste co-generation projects
  • Joint ventures and initial public offerings (IPOs)

We provide these services throughout the United States, including Maryland, Virginia, New York, Washington, D.C., New Jersey, California, Wisconsin and Florida. Our assistance in the environmental review process expedites transaction closings for businesses and developers and helps them understand the financial consequences of environmental compliance obligations and contamination.

When Purchasing Or Transferring Property

Our environmental law attorneys provide insights on the business and legal communities' approach to the transfer of property with known or potential environmental contamination. Understanding how to avoid unwanted environmental problems plays a key role in mergers and acquisitions. We utilize the expanded coverage of CERCLA's exemption for owners of security interests in contaminated property, Brownfield's initiatives and environmental insurance tools relative to the financing of the acquisition of contaminated property. Our attorneys are fully versed in the ASTM standards for Phase I Environmental Assessments and the All Appropriate Inquiries rule, negotiating escrows, indemnifications and voluntary cleanup agreements with government authorities.

Resolving Problems And Risks

We use our knowledge and experience to develop creative and effective solutions, tailor-made for the environmental risks posed by each transaction. We oversee the correction, remediation and cleanup of identified environmental problems and risks, and prepare the disclosures required by the SEC under the Sarbanes-Oxley Act and annual reporting regulations. Our attorneys have backgrounds in the sciences, environmental planning, engineering and geology and have developed close working relationships with a number of leading environmental consultants and engineering firms.

Environmental Permitting

Permit approvals are critical to the mission and success of our clients. Rich & Henderson, P.C.'s clients rely on our ability to guide them through the complex array of federal, state and local environmental regulations.

New construction and new facilities trigger a number of permitting and compliance obligations. Changes in manufacturing processes typically require pre-construction air, water, solid or hazardous waste permit approvals or permit modifications. So do facility expansions and existing permit renewals. We assist in every phase of the permitting process and any related compliance issues, including representation in administrative hearings or public hearings. We have extensive experience in obtaining air permits under the Clean Air Act for major stationary sources, landfill permits under the Maryland Solid Waste Law, tidal and non-tidal wetlands and waterways permits from the MDE and the U.S. Army Corps of Engineers, and mining permits from the MDE.

Contact Us

Avoid future legal complications by taking steps today to protect your company from unwanted liability. Contact Tim Henderson or Anthony Gorski at Rich & Henderson, P.C., today for a consultation in our Annapolis office to discuss your needs. Contact us by calling 1-800-407-0250.