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Environmental Litigation and Counseling

Constantine Cannon assists clients with complex environmental matters under CERCLA, RCRA, NEPA, Clean Air Act, Clean Water Act, Safe Drinking Water Act, and other regulatory schemes. Property owner clients may require compensation for the intrusion of hazardous substances onto their properties. And, in an era where greener business practices not only ensure regulatory compliance but help companies arrive at the triple bottom line, clients may need good compliance counseling to stay ahead of the trend. Finally, if and when litigation is needed, our firm carries a national reputation for excellence.

Our environmental practice, headed by the former Chief of Environmental Litigation in the U.S. Attorney's Office for the Eastern District of New York, includes:

Superfund Litigation and Consulting
Hazardous waste sites requiring cleanup may draw in property owners, who need to proceed against the original polluters or neighboring property owners. Our attorneys bring extensive experience negotiating with government and other potentially responsible parties, and have worked on groundbreaking Consent Decrees with the E.P.A. We will aggressively litigate these complex cases when needed.

NEPA and State Review Law Counseling and Litigation
Government action at the state and federal levels affecting private development rights often requires a comprehensive environmental review. Through years of experience, we are prepared to give clients critical advice while they are developing their environmental impact statements so that they may comply and avoid litigation. Our attorneys have litigated many of these cases in summary judgment or injunction hearings.

Environmental and Toxic Tort Damages Litigation
If an owner of property is impacted by contamination emanating from a neighbor, there are a variety of legal remedies that must be considered, including federal statutes such as RCRA and state common law doctrines that sound in toxic tort. Chemicals such as MTBE, TCE, PCE, PFOA, benzene, various pesticides and others often intrude under ground and require decisive action. Our attorneys bring to the table extensive experience with both statutes and common law, so that litigation is targeted for the best results available. Constantine Cannon has extensive document management facilities to capably manage these large, complex litigations.

Emerging Carbon Regulatory Counseling
American businesses are realizing that being ahead of the curve when it comes to energy savings is smart business. Carbon regulatory schemes have emerged at the state level, such as the Regional Greenhouse Gas Initiative, www.rggi.org, and will soon be seen at the federal level. Constantine Cannon advises clients on the emerging regulatory schemes to enable smart initiatives that are good for the environment and good for business.

Corporate Social Responsibility Counseling
Companies have realized that compliance is no longer merely the avoidance of a negative. Going to environmental compliance and beyond can avoid legal liability and have positive impacts in the court of public opinion. There is a triple bottom line: economic, environmental, and social, and Constantine Cannon assists companies in their efforts to do good and do well.


For further information, please contact Stanley N. Alpert, 212.350.2730, salpert@constantinecannon.com.
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