Doug Morrison is known as a preeminent air quality expert in the Pacific Northwest and Alaska, intensively working Clean Air Act issues for nearly 30 years. We help clients resolve air quality related issues no matter how complicated, from applicability analyses to permitting, enforcement and citizen suit defense or establishment of compliance programs.
Water quality permitting and compliance issues remain on the forefront of business concerns, and ELN can help resolve these issues efficiently and effectively. We help clients determine whether a permit is required and the type of permit best suited for the facility. We negotiate reasonable permit terms or appeal permits when necessary or defend third party appeals. Industrial and construction related stormwater permitting issues are of paramount concern, and ELN is ready to assist clients in finding a workable solution.
Environmental Management Systems
ELN has a unique and unparalleled understanding of tools, policies and procedures to manage and mitigate liabilities due to noncompliance with environmental laws and regulations. We help clients evaluate their tolerance for risk and to create an Environmental Management System that works for them. An EMS can range from a very simple policy statement and a few procedures for a small company, to a detailed and complex management structure and programs for large corporations. ELN understands the full menu of EMS options and their value to clients.
A critical component of most effective Environmental Management Systems is some form of regular, systematic self-evaluation of environmental compliance. The federal government and international standards dictate that every “environmentally responsible” company has some system of self-evaluation regarding environmental compliance.
Hazardous and Solid Waste
We understand the complex regulatory system for determining what “waste” is, and for determining whether it is regulated as “hazardous” or “dangerous” under federal and state regulatory schemes. We have represented clients ranging from large RCRA “Part B” Treatment, Storage and Disposal facilities to small businesses dealing with how to dispose of used fluorescent light bulb or spray paint cans. These programs, while complex and convoluted, are now mature enough that relatively simple policies and procedures can assure full compliance. Most enforcement actions relate to failure to follow simple procedures such as labeling and storage deadlines.
The manufacture, distribution, storage, handling and sale of chemicals presents a vast array of legal issues under the Toxic Substances Control Act (TSCA), the Emergency Planning and Community Right to Know Act (EPCRA), The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) as well as state and local counterparts. ELN advises and defends clients involved with chemical issues, bringing to bear our unique understanding of the science and technical issues involved.
Virtually all commercial and industrial property presents an environmental question—even if it is simply to confirm that there is no contamination and take advantage of “innocent purchaser” defenses to liability or become a bona fide purchaser. We advise and represent clients regarding contaminated properties ranging from multiparty superfund sites to residential heating oil tank releases.
Real Estate Transactions
Buyers, sellers, tenants and landlords of industrial and commercial properties frequently encounter environmental issues, and ELN can help manage these risks with a variety of tools. Ask ELN for insight on cost-effective tools to protect your property and investment interests.
Mergers and Acquisitions
Whether buying or selling stock or assets or for any business transaction, ELN can help you conduct due diligence, assess and manage risks and structure deals to address your needs.
Hit with a penalty or citizen suit notice? For years, ELN has helped clients navigate the realm of environmental enforcement. We assess compliance and liability exposure, evaluate the availability of defenses and either pursue a reasonable settlement or challenge the allegations.
Financial Institutions and Lenders
We advise lenders and financial institutions on liabilities related to transactions involving industrial and commercial properties with environmental issues, and we help lenders structure deals to manage risk.