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Regulatory

Businesses large and small need help navigating an ever-changing regulatory landscape. Phelps environmental attorneys stay in front of these changes and provide counsel during the regulatory life cycle of facilities, always thinking strategically about our clients’ long-term goals.

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David J. Topping David Topping photograph

David J. Topping

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Our attorneys assist clients and work with consultants on obtaining operating permits and maintaining compliance with state and federal permits, rules and regulations. When the unforeseen occurs, we help our clients by overseeing incident response, coordinating notification to regulatory authorities, responding to EPA, USACE, OSHA and other governmental agency inquiries, directing subsequent site investigations and remedial action plans, and responding to, defending against and negotiating resolution of enforcement actions. At facility transfer or closure, we assist to ensure that regulatory and permitting requirements are met. We work closely with and appear before state and federal regulatory agencies at every step along the way.

We also assist clients in preparing comments to proposed federal and state rule making and administrative regulations, as well as in challenging federal and state rule making. Our attorneys also routinely advise clients on changes in applicable laws and regulations and obligations arising under state and federal statutes.

Services

  • Regulatory compliance and reporting
  • Permitting issues, including obtaining, maintaining, transfer and termination of permits
  • Investigation, defense, negotiation and resolution of enforcement actions
  • Allocation and defense of CERCLA and mini-CERCLA actions
  • Remediation of contaminated properties
  • Commenting on proposed rulemaking

Experience

Represented a synthetic rubber manufacturer in connection with regulatory compliance and enforcement actions.
Represented an agricultural and industrial manufacturing company in connection with environmental regulatory matters and enforcement actions.
Represented a major power utility in connection with environmental regulatory matters and enforcement actions.
Represented national railroads, chemical manufacturers and other businesses in CERCLA and state equivalent remediation actions and allocation processes.
Drafted comments to proposed federal and state rulemaking, including Waters of the United States, Regional Haze Rule and NPDES industrial general water permitting.
Performed annual analysis of assets, permits and regulatory changes and issue opinion letters regarding compliance with asset retirement accounting obligations on behalf of publicly traded manufacturer with facilities nationwide.
Represented a national facility maintenance and construction company with regard to regulatory matters following acquisition of industrial facility with historic contamination present.
Represented a major university related to site investigation and remediation at acquired property, hazardous materials releases and other environmental matters.
Assisted industrial, construction, marine and other businesses with permitting issues, including wetlands, initial acquisition or transfer of air and water permits and termination of permits.

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