Environmental

Environmental laws have dramatically expanded the potential civil and criminal liability of managers, officers, and shareholders of regulated businesses. As a result, environmental law issues are among the most complex issues confronting businesses today.

Schulte’s environmental practice provides a wide array of litigation services to corporations and financial institutions, including:

• Legal counsel and advice about "Superfund" (CERCLA) liability and related state and local laws, and representation during litigation
• Prosecution and defense of private cost recovery and environmental contribution litigation
• Representation during litigation of environmental coverage disputes
• Alternative dispute resolution for environmental liabilities based on value protection programs
• Clean Air Act litigation raising first-impression questions on the availability of insurance coverage for liability arising out of compliance with New Source Review enforcement by the EPA
• Litigation representation regarding environmental errors and omissions coverage
• Bankruptcy litigation and the structuring of environmental liabilities in Chapter 11 reorganizations

There are three environmental liability questions that are asked of us in every business and real estate transaction: Are there significant environmental problems? Can we estimate the cost? Can we resolve the issues? With experience in virtually every industrial sector — from gas stations and energy companies to textiles and commercial office space — we have the experience and ability to find and execute solutions that get deals done.

Since 2000, our environmental group has acted as the principal environmental counsel to the country's largest CMBS real estate lender. In that capacity, we have helped to set standards and establish practices that have become generally accepted throughout the industry. We review more than 200 transactions per year, on average, which gives us the knowledge and experience necessary to adroitly assess issues, allocate costs, and find acceptable business solutions.