The firm’s business and energy clients require guidance, both prophylactically and responsively, with environmental compliance and (on occasion) clean-up matters. Clients evaluating properties for purchase likewise need our assistance with contractually protecting them from environmental risks attendant to newly acquired properties. Interaction with regulatory agencies in these contexts is common, yet our services are often peripheral due to client sensitivities. Historical representation has included oilfield environmental events involving State agencies and out-of-state refinery or tank farm clean-ups. Routinely, we advise clients and draft contractual provisions that facilitate environmental due diligence for a buyer and allocate environmental risk between a seller and buyer.
- Counseling clients respecting hazardous waste disposal, regulatory reporting and other environmental compliance matters such as facility permitting with the Oklahoma Corporation Commission and Oklahoma Department of Environmental Quality
- For existing environmental impacts, assist clients in communicating and reporting cleanup and compliance efforts to regulatory oversight agencies (both federal and state) and surface owners
- Occasional involvement with “brownfields redevelopment”, securing consent orders or “no further action” letters and negotiating/drafting institutional controls on impacted land such as deed restrictions
- When lawsuits are pending, work with firm litigation attorneys in evaluating environmental damage models and consulting with clients on possible remedies and settlement options
- Assist clients in the purchase of real property (including energy assets) with environmental diligence oversight and contractual compliance when defects are discovered