In addition to obvious needs for compliance counseling or litigation help, most businesses appreciate they need to manage themselves in a way minimizes risks and to avoid noncompliance with a myriad of environmental, health and safety requirements. I try to help clients achieve these objectives in a number of ways.
Transfers of Companies or Real Estate I provide services that include analysis of the legal risks inherent in business restructuring or property transfers due to environmental liabilities and requirements. I help businesses negotiate the terms of agreement involving environmental liability that may be known or unknown in a merger, acquisition or other property transfer situation. Click here for more on Transfers.
Management Systems The environmental laws make responsible corporate employees liable both civilly and criminally in circumstances where they manage a business operation so as to violate the law. It is very important that businesses large and small utilize management systems that demonstrate an active concern for compliance with all legal requirements respecting the environment. When EPA, states and prosecutors make decisions on whether to proceed against individual employees or officers of a company, the decision almost always includes an analysis of whether a business was managed in a manner reasonably dedicated to achieving compliance. I can help clients review their existing systems of compliance and I can suggest improvements. Good management systems include an audit function, and I can also help as outside counsel by bringing some objectivity and confidentiality to the audit function.
Public Concerns and Relations Through required reports and permit hearings, an American business that utilizes any hazardous chemicals or creates emissions to the air or water creates a level of public concern. I have assisted clients at public hearings and in crisis situations. I am not a "P.R." guy (although I know some good people), but I do have experience that allows clients to anticipate and address public concerns honestly and appropriately so that irrational fears are kept to a minimum.