Environmental Law Permitting Compliance Litigation RI
Environmental Law CGD Providence RI

Environmental
Law

Permitting

We help clients with new development projects or existing business operations to evaluate the need for environmental permits and work closely with environmental engineering consultants and regulators to obtain those permits.

Government defense and compliance

Clients also routinely come to us with questions on how their operations and expansion plans comply with ever-changing regulations, often seeking our local insight on what to expect when dealing with local or state regulators and how to take proactive measures to ensure compliance. When Federal or State agencies have found them to be noncompliant with applicable regulatory schemes, we help those clients negotiate corrective action plans and mitigate penalties, or in some cases, contest enforcement all together.

Cost recovery

Our clients can sometimes recover environmental costs from other parties under contractual indemnification, contribution, or statutory rights of action, and we assist them with pursuing that recovery through litigation or alternative dispute resolution.

Brownfield transactions

Lastly, we like to help our clients protect against unexpected environmental liabilities as they get involved in real estate transactions involving properties that are or potentially are contaminated with hazardous material or petroleum. It is our goal to guide clients as either sellers or purchasers so that they understand their properties' environmental condition, their potential liability to the government or third parties, and tools available to them to eliminate or minimize those risks.

As part of these transactions, we frequently become involved in helping clients through the State's site remediation program and, where possible, identifying opportunities for government grants or low-interest loans to pay for environmental investigations and cleanups.

Our Concentration

  • Permitting
  • Compliance
  • Enforcement Defense
  • Private Party Litigation
  • Real Estate Transaction Support

Representative Matters

  • Defend numerous clients in federal and/or state enforcement actions brought by the Rhode Island Department of Environmental Management and/or the U.S. Environmental Protection Agency involving asserted environmental violations under various regulatory programs, including solid waste, hazardous waste, air toxics emissions, general duty clause, hazardous chemical reporting, community right-to-know, and water. Negotiated numerous consent agreements and decrees for injunctive relief and administrative penalties.

  • Represent various clients in complex site investigations and remedial programs for contaminated sites in numerous towns and cities in Rhode Island.

  • Represent numerous clients in environmental aspects of the sale, acquisition, or lease of brownfields properties, including review of environmental conditions and potential liabilities, indemnities, access agreements, federal and state approvals, and environmental insurance.

For more examples of Environmental Law work, visit the bios of Jennifer Cervenka and Emily Migliaccio.

Smarter strategies, better solutions

Need help with a challenging legal issue?

Contact Cervenka Green & Ducharme LLC