McGrath North's environmental attorneys have a broad range of experience representing clients concerning compliance counseling, environmental permitting and regulatory matters, acquisition and divestitures, and responses to allegations of environmental violations throughout the United States. Our environmental practice also assists clients with virtually every type of administrative action or lawsuit in federal and state courts throughout the country involving environmental issues, including civil and criminal enforcement actions, cost recovery actions, citizens suits and toxic torts.

We have practical experience under all U.S. environmental laws, including the Superfund Act, the Resource Conservation and Recovery Act, the Federal Insecticide Fungicide and Rodenticide Act, The Clean Air Act, The Clean Water Act, the Toxic Substance Control Act, The National Environmental Policy Act, and related state and local counterparts.

The firm counsels clients relating to industrial accidents, environmental spills, proposed environmental regulations, compliance issues, allegations of environmental violations, as well as defending allegations as the prior owner or successor in interest of a contaminated site or responsible facility.

Environmental Counseling  McGrath North assists clients on all aspects of environmental regulation, including air, water and hazardous waste permitting and compliance, regulatory reporting and disclosure, compliance reviews, and audits. We advise businesses in the ongoing management of their facilities and related commercial properties, by meeting all existing environmental requirements, resolving instances of non-compliance, and developing policies and procedures for maintaining compliance with environmental laws.

We provide counseling to clients relating to existing or potential liabilities, compliance issues arising from acquisitions, divestitures, and assist environmental managers in preparing for and responding to environmental emergencies and government inspections.

Environmental Litigation   McGrath North defends clients against enforcement actions and administrative proceedings brought by various local, state and federal agencies. We have represented various defendants in Superfund actions, or their state equivalent, at more than 100 sites throughout the country. We have prosecuted and defended cost-recovery actions and have participated in successful alternative dispute resolution proceedings relating to the investigation and remediation of Superfund and state equivalent sites, as well as other contaminated properties.

McGrath North represents defendants in numerous environmental lawsuits including toxic tort, citizens suits and natural resource damage claims throughout the United States.

Environmental Permitting  McGrath North assists clients in obtaining necessary government approvals, permits and variances for businesses by preparing successful applications for air, water, hazardous wastes, wetland and water use permits to insure businesses operate in accordance with existing environmental laws.

Acquisitions and Divestitures  We are routinely consulted by businesses with respect to environmental issues affecting corporate or real estate transactions, including environmental due diligence throughout the world, and the drafting of representations, warranties and indemnities affecting such transactions. Prior to closing, our environmental attorneys assist in performing specialized environmental due diligence review of federal, state and local environmental permitting and compliance requirements and utilize consultants to address unresolved reporting, enforcement and remediation matters. McGrath North often plays an active role in formulating and negotiating appropriate contract clauses to protect its clients' interests in light of due diligence results, including the negotiation and drafting of specialized environmental disclosure and indemnity provisions in purchase, sale, lease and financing agreements and structure these transactions to limit personal and corporate liability.

Site Remediation  McGrath North has extensive involvement throughout the country, including response to unilateral orders, negotiation of voluntary remediation agreements, restoration and/or development of brownfields and drafting of judicial consent decrees and administrative orders.

We actively participate in various PRP Groups, including the oversight of steering groups, negotiations with administrative agencies, and formulating the allocation of liability by and between the responding parties.

Representative Projects
Our experience representing clients in over 40 states includes:

• Representing clients in Superfund actions at 55 sites on the federal National Priorities List and at over 30 state-listed sites.
• Involvement in 57 environmental enforcement actions defending clients against both criminal and civil allegations.
• Representing clients in litigation, administrative proceedings and negotiations with federal, state and municipal authorities regarding violations of air, water and NPDES permits.
• Assisting over 100 industrial facilities in complying with state and municipal stormwater permit requirements, in developing and implementing Stormwater Pollution Prevention Plans.
• Developing and conducting environmental due diligence in over 60 acquisitions and divestitures involving both national and international facilities.
• Counseling and representing clients regarding release reporting obligations triggered by release(s) of hazardous substances to water, land and air.
• Assisting clients in the selection of qualified experts to conduct environmental investigation and remediation, regulatory compliance, and the design and construction of water, solid waste and air treatment systems.
• Advising clients regarding environmental audits of businesses and facilities, and assisting in the development of environmental management systems.
• Assisting clients as prospective purchasers in obtaining protection from environmental liabilities for preexisting conditions (Brownfields Regulations).
• Defending a company in toxic tort litigation against 60 plaintiffs with various allegations of property damage and personal injury.
• Obtaining all necessary environmental permits, including air, wastewater and water supply, for multiple renewable fuels plants (ethanol and biodiesel).
• Representing governmental entities and businesses regarding environmental and regulatory issues for landfills, hazardous waste storage facilities, and medical waste incinerators including successfully establishing a county landfill through a contested permitting process and enjoining the enforcement of an ordinance passed to obstruct the landfill.