The Firm’s active environmental practice encompasses diverse areas of environmental law. For example, the Firm has extensive experience in advising lenders and prospective purchasers of property about the appropriate investigative and remedial measures that may be required in connection with the acquisition or financing of real estate. Our representation includes due diligence efforts undertaken in connection with the acquisition of large tracts of land, office buildings, industrial parks and various commercial properties.
The Firm also has extensive experience representing industrial and commercial clients in connection with the investigation and remediation of underground storage tanks sites. Our representation has included the negotiation of professional services agreements with-environmental consultants engaged by our clients.
The Firm’s extensive and wide ranging experience in handling complex commercial litigation includes significant environmental matters in both federal and state courts as well as in administrative forums. For example, the Firm has defended an action for civil penalties and injunctive relief brought by the United States for alleged Clean Water Act violations and successfully negotiated a settlement resolving claims of NPDES permit violations by a sewage treatment plant, successfully pursued Clean Water Act claims against the United States for violations relating to Luke Air Force Base, defended potentially responsible parties in a superfund (CERCLA) clean up actions relating to landfills and alleged pesticide spills, defended against EPA demands for remediation expenses under CERCLA, represented clients before ADEQ with respect to aquifer protection permits and responded to ADEQ inquiries directed to potentially responsible parties under WQARF. Members of the Firm are also involved in prosecuting or defending litigation involving petroleum hydrocarbon contamination and in real property valuation disputes involving contaminated properties.
The Firm’s environmental practice has been integrated into its broad real estate, title insurance and land use practices. In these areas, members of the Firm lecture regularly and have published or contributed to leading texts in the field, including Nichols’ on Eminent Domain, Eminent Domain in Arizona, and the Arizona Commercial Real Estate Transactions Practice Manual.
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