Armstrong Teasdale's environmental practice has in-depth, long-standing experience in virtually every facet of environmental law. From environmental transactions to litigation and regularly compliance, our attorneys have assisted clients in dealing with parties as diverse as regulators, activists, and lenders. Our group prides itself on finding creative solutions to our clients' environmental issues.
Environmental Issues in Transactions
Armstrong Teasdale has national and international experience in environmental issues in transactions, such as Brownfield redevelopment projects, corporate and real estate transactions with environmental components, environmental insurance and risk transfer, and environmental compliance. We serve clients from multiple perspectives, combining the capabilities of our firm's attorneys and those of our business subsidiary AT Environmental, a consulting firm that designs site-specific risk transfer programs to facilitate Brownfield redevelopment, balance sheet management, and settle complex claims. We also have experience in performing due diligence inquiries, environmental audits, and environmental liability assessments in connection with corporate transactions, including mergers and acquisitions, financings, debt acquisitions, and real estate transactions. We have experience in projects and transactions throughout the United States, as well as in Europe and South America.
Our experience in environmental risk transfer is almost singular. Our group has designed and implemented over thirty risk transfer transactions and provided tactical advice on numerous portfolios of impaired properties. Our attorneys are skilled in developing alternative risk transfer mechanisms and utilizing non-traditional insurance solutions. Our risk transfer activities are led by George von Stamwitz, who has an international reputation in the field and is a frequent speaker and commentator on these issues.
Our attorneys regularly litigate environmental claims and lawsuits in state and federal courts and before administrative law judges. We have successfully argued challenges to permits and regulations under the Clean Air Act, the Clean Water Act, the Endangered Species Act, the Resource Conservation and Recovery Act, and natural resource damages matters. We have also successfully defended environmental lawsuits brought by public interest groups and environmental activists. We frequently represent parties in complex multi-party cases relating to insurance coverage for environmental losses. In addition to representing companies, our attorneys also have experience serving as counsel for senior officers and executives in criminal investigations and cases under environmental laws.
We regularly litigate cases involving the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund) and analogous state statutes. We have counseled potentially responsible parties (PRPs), lenders, developers, corporations, and investors about potential liability under CERCLA, including issues relating to successor liability, lender liability, cost allocation, indemnification, contribution protection, natural resource damages, and the innocent landowner defense. Some of our most recent CERCLA matters include serving as:
- Counsel for a group of 42 companies at a Superfund site in the Midwest involving clean up of facility, litigating objections to consent decree filed by nonsettling parties, obtaining mixed funding from USEPA for EPA’s clean up contribution, and long-running allocation and insurance litigation;
- Counsel for a company sued by the United States and State of Missouri for contamination at Times Beach dioxin site in Missouri;
- Counsel in an appeal of denial by Missouri Department of Natural Resources of construction permit for $200 million power plant;
- Counsel for a pipeline company in a lawsuit alleging environmental damage to the ground beneath an entire town.
We also are involved routinely in environmental exposure litigation and toxic tort litigation, including personal injury and property damage actions. Our experience includes:
- Counsel for a chemical company in class action lawsuits brought by residents and homeowners in a municipality allegedly affected by lead exposure;
- Counsel for industry in thousands of asbestos and PCB toxic tort cases;
- Counsel for industrial clients in multi-party suits and class actions based upon allegations of occupational exposure to toxic substances.
Regulatory Compliance and Permits
Armstrong Teasdale attorneys regularly counsel clients in regulatory compliance issues, including matters involving air, water, waste, land use planning and natural resource development. Our experience includes handling matters under the National Environmental Policy Act, the National Historic Preservation Act, and similar state statutes and local land use planning ordinances. We can assist clients in permit applications, negotiations, and permit appeals, and have particular experience in the State of Missouri. One of our attorneys, Roger Walker, regularly works with regulators and stakeholders in his role as Executive Director of the Regulatory Environmental Group for Missouri ("REGFORM"), the largest statewide business organization concentrating on environmental policy in Missouri.
Safety and Health
Armstrong Teasdale represents clients in actions, investigations, and cases addressing work conditions and occupational safety, including matters under the federal Occupational Safety and Health Administration (OSHA), Mine Safety and Health Administration (MSHA), Department of Transportation (DOT), U.S. Chemical Safety and Hazard Investigation Board (CSB), and their state counterpart agencies. Our attorneys work closely with clients to review occupational safety and health practices, and have networks of engineering, chemical, safety, and industrial hygiene experts to enlist as required to address client needs. We have handled matters involving employee fatalities and serious injuries, and we have served as counsel for industry in hundreds of contested OSHA cases throughout the country, including trials of OSHA willful citations.
Awards and Honors
The attorneys in Armstrong Teasdale's environmental practice have been recognized by The Best Lawyers in America, Super Lawyers, and Chambers USA: America's Leading Lawyers for Business.
For more information, contact George von Stamwitz or Julie O'Keefe.
Our work in the area of designing innovative financial solutions to environmental risk led to the creation in 2001 of AT Environmental, LLC
. This consulting firm designs site specific insurance programs to facilitate Brownfield redevelopment, balance sheet management and settle complex claims. George von Stamwitz
serves as President at the firm and he has earned an international reputation in this growing area.
Of the Armstrong Teasdale attorneys named to the most recent edition of The Best Lawyers in America
®, two were named top Environmental Law lawyers.
One member is listed in Missouri/Kansas Super Lawyers®
’s most recent edition.
Two of our group's attorneys are featured in the 2012 edition of Chambers USA: America's Leading Lawyers
Counsel for a group of 42 companies at a Superfund site in the midwest involving: (1) clean up of facility; (2) litigating objections to consent decree filed by nonsettling parties; (3) obtaining mixed funding from USEPA for EPA’s clean up contribution; (4) allocation and insurance litigation.
Counsel for company sued by the United States and State of Missouri for contamination at Times Beach dioxin site in Missouri.
Counsel in an appeal of denial by Missouri Department of Natural Resources of construction permit for $200 million power plant. Kinder Morgan v. MDNR
Counsel for industry in thousands of asbestos and PCB toxic tort cases.
Two of our attorneys have served as counsel for industry in hundreds of contested OSHA cases throughout the country, including the trial of OSHA willful citations.
Department attorneys author the Missouri Environmental Law Handbook
, 4th Edition, published by Government Institutes, Inc. and the Environmental Insider
, a newsletter published by Associated Industries of Missouri.