Lewis Gianola represents clients in all matters of local, state and federal environmental regulation, policy, permitting, compliance and enforcement. Our lawyers have previously served as counsel to state regulatory agencies and actively maintain working relationships with those agencies. We advise clients how to respond to agency requests and notices and negotiate on behalf of clients with the agencies, including the West Virginia Department of Environmental Protection and the United States Environmental Protection Agency. If need be, our experienced litigators represent clients before administrative environmental boards and commissions and state and federal courts. We have represented clients in matters involving permit challenges, regulatory violations, civil and criminal enforcement, citizen suits, and environmental liability.
Our lawyers have extensive policy and legislative experience and remain involved in shaping environmental regulation through leadership roles in trade organizations and by commenting on or challenging legislative or rulemaking actions. Our ability to summarize and distill complicated environmental regulatory matters helps our clients navigate the myriad of local, state and federal environmental requirements so they can meet their regulatory obligations and follow through with their plans with confidence. We have assisted clients in understanding proposed legislation and rulemaking so they are provided the knowledge necessary to effectively influence the proposals and to prepare for the anticipated impacts on their business.
We have the technical knowledge and understanding that allows us to seamlessly work with environmental consultants to fashion solutions to our clients’ environmental concerns. We guide and assist our clients with compliance audits and reviews, due diligence, preparation of permit applications, corrective actions and mitigation, and the impacts of environmental regulation on business transactions and real estate sales.
Our experience allows us to provide representation and counseling to our broad range of clients on the following environmental matters:
- Surface water and groundwater regulation, policy, permitting, compliance and enforcement, including: Clean Water Act and Safe Drinking Water Act; NPDES, stormwater, Section 404, and UIC permitting; Section 401 certifications; dam control and safety; and floodplain management.
- Oil and gas well and pipeline regulation, policy, permitting, compliance, safety and enforcement, including: conventional and horizontal wells; water use and wastewater disposal associated with hydraulic fracturing; and siting, permitting and installing pipelines.
- Underground and aboveground storage tank regulation, policy, permitting, compliance and enforcement.
- Mining and quarrying regulation, policy, permitting, compliance and enforcement, including: SMCRA, NPDES, explosives and blasting, and abandoned mine lands.
- Hazardous and solid waste regulation, policy, permitting, compliance and enforcement, including: RCRA and CERCLA; landfill siting and permitting; voluntary remediation; and Brownfields development.
- Emergency Planning and Community Right-to-Know Act regulation, policy, compliance and enforcement.
- Air emissions regulation, policy, permitting, compliance and enforcement, including: Clean Air Act; oil and gas wells, pipelines and other facilities; mines; hospitals; industrial facilities; and asbestos removal and handling.
- Endangered Species Act regulation, policy, permitting, compliance and enforcement.
- Environmental laboratory certifications, revocations and suspensions in West Virginia.
- Advising municipalities, public service districts and other governmental entities on environmental regulation, policy, permitting, compliance and enforcement.
- Environmental management plans and risk assessment.
- Civil and criminal defense of environmental enforcement actions before administrative bodies and trial courts.