Environmental

The Moore & Van Allen Environmental team brings deep experience and nuanced environmental knowledge in environmental regulatory compliance, enforcement and litigation to its diverse client base—ranging from manufacturers to environmental consultants, municipalities, trust departments and a variety of other businesses.

Boasting advanced scientific and legal training and know-how in environmental issues, our noted environmental attorneys publish and lecture widely, teach at noted universities and have served as expert witnesses on complex environmental issues.  Additionally, our attorneys have prior experience as in-house environmental counsel for multinational corporations, the U.S. Department of Justice and the federal EPA.

Team members provide sophisticated, cost-effective representation to both companies and individuals in enforcement actions, toxic tort litigation and prosecution of environmental crimes.  They’ve also represented companies and groups of companies in environmental class-action suits and before Congress and state legislative bodies.

Their expertise extends across the full spectrum of environmental issues and actions, from hazardous and radioactive waste to air pollution and groundwater, from noise pollution and land use to coastal development and wetlands, from environmental crimes to environmental lobbying.

Practice focus:

• Permitting
• Compliance advice and auditing for operative businesses
• Due diligence for real estate lending and other transactions
• Defense in administrative, civil and criminal litigation, including mass exposure and toxic tort claims
• Lobbying
• Hazardous wastes and toxic substances
• Solid wastes
• Low-level radioactive wastes
• Surface water
• Groundwater
• Air pollution
• Underground storage tanks
• Occupational health
• Coastal and mountain development
• Watershed regulations
• Wetland regulations
• Sedimentation
• Zoning
• Noise pollution
• Land use
• Advise and assist in civil and criminal enforcement actions, including penalties, investigations and information-gathering

news

• Moore & Van Allen Welcomes Mary Katherine Stukes
• Best Lawyers® recognizes 83 Moore & Van Allen attorneys
• McGrath quoted in Westlaw’s Energy and Environment Daily Briefing
• Best Lawyers® Recognizes 69 Moore & Van Allen Attorneys

Events

• Peter McGrath To Present CERCLA Liability Update
• Peter McGrath to Present at Charlotte Law Review Symposium
• Peter McGrath to Moderate Upcoming Water Law Seminar

Publications

• The Necessity of Evaluating Vapor Intrusion Risks during Environmental Due Diligence
  February 2019, Association of Corporate Counsel

  Vapor intrusion has emerged as an important legal, scientific, and policy issue over the last decade. With this issue’s growing importance, it is prudent for persons acquiring, leasing, or developing property to include an assessment of vapor intrusion risks into their environmental due diligence process and properly address any identified vapor condition. Property owners may face significant repercussions for the failure to identify the presence of and mitigate environmental and health risks associated with vapor intrusion. In addition to the loss of certain liability protections, landowners of contaminated properties will see a decline in property value along with a diminished use of the property. The cost of retaining knowledgeable professionals, such as an environmental lawyer and consultant, to conduct a vapor intrusion analysis during the due diligence period is a slight price to pay when considering the decreased property value and potential liability under state and federal statutes.

• Environmental Due Diligence in Commercial Real Estate Transactions
  February 2018, Association of Corporate Counsel South Carolina Chapter Newsletter

  All commercial real estate transactions involve some level of environmental risk, regardless of whether the property being transferred was formerly used for industrial, commercial, agricultural, or residential purposes. Accordingly, it is important for a buyer to consider conducting some level of environmental due diligence prior to purchasing real property. Environmental due diligence will allow the buyer to identify and quantify the environmental issues associated with the property.