Environmental risks are one of the leading challenges that businesses face. Massive
liability can be triggered through mere ownership of real estate that has been
contaminated by prior owners. Failure to follow environmental regulatory requirements
can impose civil and criminal liability on managers and corporations alike. Successful
redevelopment of real estate can by hampered through fear of unknown risks. At
BrownWinick our Environmental practice group attorneys are experienced in sorting
through the various environmental risks in order to provide solutions that can
minimize risk and maximize business opportunities.
For clients involved in developing real estate, our lawyers have found that it
is important to properly assess and describe the environmental risk posed by a
given site. We can assist in making sure that Phase I and II environmental audits
comply with current standards and, at the same time, are properly designed to
maximize the discovery of possible environmental problems even if that means going
beyond the commonly accepted minimum requirements. Our lawyers are also experienced
in weighing the information obtained through environmental audits and clearly
describing the actual risk to potential buyers and lenders posed by a given site.
Mergers and Acquisitions
Clients faced with environmental challenges when attempting to purchase or sell
existing industrial and commercial properties turn to BrownWinick for counsel. Our
attorneys provide assistance in facing the unique challenges that can be posed
by historical practices on existing sites. We can assist with negotiating purchase
agreements and merger terms that maximize shareholder value even on sites impacted
by contaminates. Our attorneys are also experienced dealing with lenders and investors
that are concerned with possible environmental risk in order to prevent known
or unknown environmental issues from barring reasonable lender and investor participation.
Regulated companies face unique challenges with air and water permit issues,
audits, superfund investigations, and spill responses. Our attorneys can help
those companies navigate through the regulatory maze and the many agencies that
regulate modern industry. We have represented clients before EPA Regional offices,
the U.S. Fish and Wildlife Service, the U.S. Department of Agriculture, Food and
Drug Administration, U.S. Department of Transportation, U.S. Coast Guard, U.S.
Army Corp of Engineers and multiple state and local agencies, including the Iowa
Department of Natural Resources, the Iowa Department of Agriculture and the Mines
and Minerals Bureau. BrownWinick assists client within the following issues:
Water Quality and NPDES permits
Air Quality and Title V, PSD, and synthetic minor air permits
Agricultural Chemicals and Fertilizers
Right to Know
Recycling and Reclamation
Waste Water Discharge
Sham Permitting and Co-location PSD issues
Increasingly, our agricultural clients are faced with third party and governmental
claims, nuisance claims, and air and water permitting challenges formerly associated
with traditional manufacturers. BrownWinick assists those clients with all environmental
related issues they may face.
Lenders and financial institutions are frequently faced with challenging decisions
when faced with debtors who are involved in environmentally sensitive matters. BrownWinick’s
attorneys help those clients take such challenges.
Securities and BioFuels
Our environmental attorneys have extensive experience working closely with BrownWinick's
Renewable Fuels practice group on dozens of projects involving environmental issues
arising from the need for accurate and timely securities disclosures. These tasks
include site assessments, air emissions, co-location and support facility determinations,
PSD and Title V determinations, Brownfields redevelopment, water source permitting,
and NPDES permitting.
BrownWinick’s environmental attorneys have provided legal representation to clients
on environmental matters at all levels of litigation, whether at the administrative,
district court, or appellate levels. Our attorneys are experienced in working
with experts on complex scientific issues and in researching and arguing difficult
legal environmental regulations and laws. We represent clients on environmental
matters before the Iowa Department of Natural Resources, the Department of Agriculture,
Region VII of the Environmental Protection Agency, and other agencies.