An Overview of Environmental Law
At its core, environmental law encompasses the body of rules and regulations which govern the interaction between humans and the natural environment, with an eye on the effects of human activity on the various ecosystems and habitats. Derived primarily from statutes, common law, and treaties, environmental law is extremely expansive in its coverage. Environmental law can be broken down into 3 different categories:
This set focuses on the preservation and effective management of natural resources to limit their depletion and ensure that the needs of future generations are met. Generally, these laws focus on the conservation of biodiversity, reducing deforestation, promoting the sustainability of natural resources, limiting pollution , and seeking to restore natural environments. Enforcement of environmental laws is done via governmental agencies. For land and water issues, it’s done primarily by the United States Environmental Protection Agency (EPA), although many states have their own departments that have similar authority. That said, some environmental law violations are prosecutable as criminal offenses, so you can also see both state and federal prosecutors involved in these conflicts. Because environmental laws are primarily made at the state level, the penalties can vary widely from one state to another, as can how agencies interpret and enforce those laws. Thus, if you’re involved in a serious environmental conflict, getting a lawyer who has experience with the key players in your state is crucial.
The Advantages of Engaging Local Environmental Law Firms
Benefits of Local Environmental Law Firms
For businesses and property owners, having the best environmental law firms near you is advantageous. There are substantial benefits to hiring a local law firm for your environmental law needs, whether you are going through a real estate transaction, settling an environmental violation or otherwise in need of legal assistance. These are just some of the reasons to hire a local firm:
First and foremost, local environmental law firms have extensive knowledge about the environmental laws that specifically apply to your area. Environmental laws can vary from state to state, city to city, and even neighborhood to neighborhood. Applying for a permit, for example, could be a straightforward process in one location, but require more documentation and approvals in others. Sometimes it can be unique wetlands rules in your municipality, or a new water conservation law affecting the construction of new buildings. Regardless of why you’re working with an environmental lawyer, an area expert can quickly ensure you understand exactly what needs to happen to stay in compliance.
Similarly, local environmental law firms typically have good working relationships with local authorities. If you’re facing any sort of environmental violation and require fierce legal protection, you’ll have much better odds of gaining favor with the courts if you’re working with an attorney who has been in front of said judge before. They also likely have insight into prosecutors, whether that person is a prosecuting attorney at the state level or the district attorney. This can be a huge help in resolving criminal violations fairly quickly, as well as in reducing fines and/or penalties.
Finally, local environmental law firms offer a level of personalized service that national firms cannot. Large firms have their place, but a small boutique law firm can generally provide two significant advantages for local clients – they will be able to speak directly to you without constant redirects to paralegals and other lawyers, and they will truly advocate for your needs. Their reputation is tied to the quality of work they provide to you, which means they want to treat you fairly and give you the results you need.
Key Factors in Choosing an Environmental Law Firm
When searching for the best environmental law firms near you, there are several key criteria to consider in your selection process. The first thing you want to evaluate is the experience of the firm’s attorneys. You want assurances that the representation you are considering is experienced in the area of environmental law that applies to your case. In addition to experience, you want to consider the qualifications of the firm’s lawyers. What types of cases has the firm handled and have they represented clients similar to you?
The next factor you want to consider is the reputation of the firm. What do existing clients and former clients say about the law firm? How do the attorneys who will be handling your case regard their fellow attorneys at the firm and the level of service they provide to their clients? These are all questions you should ask during the initial stages of your research. You might want to speak to one or more of the firm’s attorneys to get their perspective on the level of service provided to clients.
Cost is another important factor in selecting an environmental law firm. Fees, hourly rates and retainer fees are different from one law firm to the next. You might be tempted to go with the lowest rate available without regard to other factors, but this is not always the right move. In the case of legal representation, you often get what you pay for, so don’t compromise your needs just to save a few dollars.
You also want to ask what sort of client support the firm offers. You want the peace of mind of knowing that the firm will respond promptly to your requests for assistance. You need assurances that your calls and messages will be returned in a timely manner and that if you are faced with an emergency, you will be able to reach someone at the firm. In the end, you want to select an environmental law firm that you feel comfortable with. A personal connection goes a long way towards establishing positive experiences for you and your legal team.
What Services Do Environmental Law Firms Provide?
Most environmental law firms offer a comprehensive slate of services to address the diverse needs of their clients. These services can include environmental litigation, regulatory compliance counseling, environmental audits, site assessments and remediation, transaction support, and public policy advocacy. Environmental litigation is one of the core services offered by environmental law firms. This can involve litigation over land use and zoning disputes, project permits, land condemnation, and the enforcement of environmental regulations and resource management. Firms representing clients in environmental litigation may have team familiarity with the Environmental Review Process (Articles 6, 7, and 8 of the California Public Resources Code) and Administrative Record review for NEPA and CEQA cases. Environmental law firms in California also work with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act of 1969 (NEPA).
Regulatory compliance counseling is another primary service offered by environmental law firms. Environmental attorneys can assist businesses with compliance reviews to determine the level of compliance for each environmental agency to which the business is subject. They can also leverage their network of environmental agency contacts to help clients gain approval for permits. An important part of regulatory compliance attorney services is environmental audits to reduce any liability for noncompliance. Environmental audits may include due diligence services such as Phase I environmental site assessments and Phase II subsurface investigations .
Environmental law firms also provide site assessment and remediation services such as compliance history reviews for environmental standards. They also help with voluntary cleanup programs, toxicity characteristic leaching procedure testing, groundwater remediation, and chemical analysis.
Transaction support is another key service offered by environmental law firms. These services include property due diligence services such as phase I environmental assessments and phase ii environmental property assessments. Other transaction support services may include real estate management services, such as environmental disclosures for the transfer of real estate to limit environmental liability at the next stage of development.
Environmental law firms can also provide business litigation and tax advice related to environmental issues. Some law firms specialize in hazard mitigation grants. For example, some law firms have expertise in brownfield redevelopment, community development block grants, and urban development action grants from HUD. Multinational companies may require international law services, which some environmental law firms can offer.
Lastly, California environmental law firms offer public policy advocacy services. Environmentalists require legal representation for petitions to impede land development for areas with endangered species. Development companies require attorneys for representation during land use hearings. Environmental law firms have attorneys that represent individuals as well as corporations.
Examples of Environmental Law Firm’s Successful Client Representation
In one such case, a family-run industrial company was facing potential closure when it was threatened with a massive fine due to hazardous waste disposal irregularities. The firm they hired was able to provide them with expert advice on how to properly handle their waste in order to comply with the law and avoid costly sanctions. Not only did the firm help the business adjust its operations in compliance with the law, but it also avoided further costs by providing guidance on how to negotiate with the Environmental Protection Agency (EPA) on the matter.
Another client was a property developer whose plans were stymied by permit issues at the state level. The attorney at the environmental law firm worked with the client and the state to remedy the situation, in terms of paperwork and following intricate regulations. In addition, the lawyer guided the developer through the process of acquiring bonds to deal with problems connected with the hazardous materials on the site. Though the situation was tenuous at first, through negotiation and compliance, the environmental law firm was able to turn a potentially-debilitating situation into a successful new project, one that would help the community as a whole.
Some environmental law firms even become involved in organizing or supporting local activist organizations, working closely with grassroots groups to provide important legal advice on critical issues.
How to Reach Local Environmental Law Firms
To get in touch with environmental law firms near you, your best bet is to start with an online search for firms that list the specific areas of environmental law they specialize in. Many firms operate a single office while also having satellite offices. It’s important that the firm you contact has lawyers on staff that are able to practice in your relevant area of environmental law, whether it is toxic tort litigation, regulatory compliance, permit drafting, enforcement defense or another area of specialization. Once you have selected a number of firms that have experience handling cases in your area, your next best step is to contact them directly.
Most reputable law firms will make it easy to set up an initial consultation, whether by phone or in person. Sometimes, firms can even help you during the initial phone call you have with a lawyer. Much of the time, however, you will need to schedule a formal consultation that takes place in person. To this end, you will likely deal with the firm’s secretary or office manager . It’s important to be straightforward with this person about the nature of your situation and what you are looking for in a law firm. Then, you will be in a strong position to meet with a lawyer from the firm who is willing and able to help with your case.
In your meeting with the lawyer, come prepared with as much documentation as possible. There are a few questions it will be important to ask so you can evaluate how competent the firm would be at handling your case. First, ask the lawyer whom you will be working with on your case. Second, inquire as to how many cases the firm currently has in queue that are related to yours, and who will be handling them. Third, ask whether you have any alternatives to paying your legal fees on an hourly basis, such as in the form of a retainer or contingent payment. Fourth, find out when you might expect to hear back from the lawyer after the meeting. These considerations should help you evaluate local environmental law firms and choose the one that will give your case the best chance of success.
