Environmental Law

Osborn Maledon’s environmental law team has experience advising clients about the major federal and Arizona state environmental statutes and regulations, including the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), the Clean Air Act (CAA), the Clean Water Act (CWA), the National Environmental Policy Act (NEPA), and Arizona’s Aquifer Protection Program (APP).

Attorneys in our environmental law group have:

• Represented a major agricultural company based in Arizona in responding to an EPA CAA Section 112 enforcement action and achieved a favorable settlement.
• Represented, and continue to represent, a national utility company in performing environmental due diligence and securing environmental permits in the purchase of a water utility company.
• Represented, and continue to represent, an international energy client in securing necessary permits for an alternative energy project in Arizona.
• Represented an Arizona-based technology company in responding to an EPA CAA criminal subpoena requesting customer data.
• Represented, and continue to represent, a local government in connection with an international dispute over wastewater treatment.
• Represented state and local and industry clients, including major mining clients, in connection with CERCLA contribution actions, disputes, and Section 104(e) requests for information.
• Represented responsible party clients in navigating the CERCLA cleanup process at multiple Superfund Sites, including the remedial investigation/feasibility study, removal action, and remedy implementation processes.
• Represented energy, mining, utility, and other industry clients as well as state and local government clients in performing environmental due diligence for mergers, acquisitions, real estate and other transactions.
• Represented, and continue to represent, an international aerospace company in connection with ongoing monitoring efforts following resolution of litigation over a contaminated site.
• Represented a mining client in successfully defending against environmental and other challenges that sought to prevent a mining project from proceeding.
• Represented a major mining client in defending against a toxic tort class action lawsuit brought in connection with a legacy contaminated site.
• Represented a financial institution client in connection with litigation related to a contaminated site, including in a professional negligence action against an environmental consultant and a contribution action against prior owners of the site.
• Represented a local government client in state air quality rulemaking proceedings, including rules governing national ambient air quality standards, greenhouse gas reporting, vehicle emissions, and oil and gas emissions controls.
• Represented mining, energy, utility, and government clients in securing CWA permits and navigating related issues, including related to the definition of Waters of the United States (WOTUS).
• Represented mining, energy, utility, and government clients in connection with CAA regulatory compliance and permitting matters.  
• Represented energy, utility, and government clients in navigating NEPA issues, including submitting regulatory comments challenging or supporting proposed agency actions.
• Represented a local government client in connection with CERCLA, RCRA, and CWA compliance issues arising at a municipal landfill.