Schnapf Environmental Law Center
7 services found

Schnapf Environmental Law Center services

Water Pollution Services

The Clean Water Act (CWA) not only regulates the discharges of pollutants into the nation`s streams, rivers, lakes and other waterways from industrial facilities and municipal sewer systems but may also impact the development of commercial and residential property. The stormwater permit program of the CWA requires retail, commercial, industrial and residential developers to minimize, collect and treat stormwater runoff from their properties. The controls required by the stormwater permit program can have a significant impact on the size and design of development.

Hazardous Waste Services

A number of federal and state environmental laws have been enacted that regulate the generation, use, treatment, transportation and disposal of hazardous wastes and materials. Under these laws, generators of hazardous waste as well as current and former owners or operators of contaminated property may be strictly and retroactively liable for all cleanup costs associated with discharges of hazardous waste. Liability for cleanup costs has also been extended to companies whose subsidiaries were responsible for the contamination, purchasers of companies who may have improperly disposed of hazardous wastes in the pasts as well as shareholders, officers and lenders of those companies.

Corporate & Real Estate Transactions Services

Because of the strict and retroactive liability provisions of many federal and state environmental laws, purchasers and investors of businesses and real estate can incur enormous cleanup liability even where they are not responsible for the contamination. We can help clients structure their transactions and design creative cost-sharing or allocating mechanisms to try to minimize their potential liability, identify environmental liabilities associated with transaction, develop expeditious and cost-effective investigations that meet the needs of a fast-moving transaction, assist clients in identifying and obtaining financial assistance for defraying some or all of the cleanup costs arising out of a particular transaction, and also provide clients with practical and reasonable estimates that allow clients to better value their transactions.

Underground Storage Tanks Services

Underground storage tanks (USTs) have been a source of soil and groundwater contamination. Because nearly one-third of all USTs are suspected of leaking, federal law requires owners and operators of to upgrade or replace their USTs by December 22, 1998. Upgrading of USTs consists of adding corrosive protection and spill/overflow protection. Corrosion protection prevents USTs from rusting and releasing their contents through corrosion holes. The three basic methods of corrsion protection that may be used to upgrade existing steel USTs are installation of a noncorrodible material such as fiberglass inside the UST, placement external cathodic protection or coating of a UST exterior with non-corrosive material.

Disclosure Of Environmental Liabilities Services

Companies whose stock is traded on public stock exchanges in the United States are required to file certain reports with the federal Securities and Exchange Commission (SEC) disclosing information that would be material to investment decisions. In addition to the SEC requirements, the Financial Accounting Standards Board of the Financial Accounting Foundation (FASB) has established standards for disclosing contingent losses. Regulated entities who fail to make the required disclosures or fail to make amendments to prevent prior disclosures from becoming misleading can be subject to civil or criminal enforcement actions. Moreover, shareholders and investors may bring private actions against registrants for losses caused by misleading statements or omissions of material information.

Indoor Air Health Risks Services

Environmental laws generally regulate releases of toxic chemicals into the air and water but rarely regulate emissions into the indoor environment. Indoor air may be contaminated with numerous toxic substances and other pollutants often times at levels that exceed the limits allowable for the outdoor environment. Because people spend up to 90% of their time indoors, long- term exposure to even low levels of toxic substances may cause health problems particularly for sensitive individuals such as the elderly and children. Vapor Intrusion is becoming an increasing concern at contaminated sites under development and older sites where cleanups may have been completed but the potential for vapor intrusion was not thoroughly examined. Readers should click on the articles link for articles on vapor intrusion.

EPA Guidance Documents & Regulations Services

Regulations are enforceable rules that are promulgated by an administrative agency to implement a statute enacted by a legislature. When an agency issues a regulation, there will generally be a detailed discussion which is known as the preamble where the agency discusses its rationale for the regulation and how it addressed particular comments provided to the agency by the public.. While the preamble is not part of the official regulation, it can provide invaluable information on the meaning of the regulatory language as well as the agency`s own interpretation on the limits of its authority.