Environmental Regulation

Kean Miller represents local, regional, and global companies in a wide variety of Louisiana and federal environmental matters. The Environmental Team represents clients in water issues such as LPDES permitting, SPCC requirements, TMDLs, and compliance monitoring. We have a special expertise in assisting clients with air issues such as major and minor source air permitting, New Source Review and PSD permitting, NSPS and NESHAP programs, Title V compliance and reporting, acid rain and CAIR/CSAPR compliance, Combustor MACT, ozone non-attainment regulation, EPA Risk Management Program (RMP) requirements, greenhouse gas issues, and stratospheric ozone regulation. The team regularly counsels clients with regard to issues involving solid and hazardous waste (RCRA/HSWA), the Toxic Substances Control Act, the Oil Pollution Act, Corps of Engineers dredging and wetland matters including, mitigation banking, state and local coastal use permits, radiation and NORM issues, underground injection control (UIC) issues, permitting of commercial saltwater disposal wells and E&P facilities, Bureau of Safety and Environmental Enforcement (BSEE) offshore regulations, LNDR pipeline regulations, FIFRA issues, and Safe Drinking Water Act programs. The Kean Miller team is well versed in all federal, state and local release reporting requirements under CERCLA, EPCRA, SARA, DOT, LDEQ, and State Police HAZMAT reporting matters for both fixed facilities and transporters. Kean Miller has a great deal of experience in NEPA and state environmental assessments or impact statements for new or expansion projects and in conducting due diligence for mergers and acquisitions. We regularly assist with compliance audits, training programs and provide advice on environmental management systems. We frequently defend clients in state and federal enforcement actions including defense of criminal enforcement actions.

We have developed particular expertise in management of complex remediation under state and federal programs such as Superfund (CERCLA), Louisiana RECAP (risk based remediation program), Louisiana DNR oilfield waste remediation programs, and natural resource damages actions. We have special expertise in mass tort and class action litigation arising out of Superfund cases and environmental releases or accidents.

We are experienced in the development of new greenfield energy projects, chemical manufacturing projects, LNG projects, and hydrocarbon storage in salt-domes. We work in collaborative teams designed to assist in acquisition, permitting, taxation, financing, and other aspects of start-up projects. We have a particular dedication to helping companies perform due diligence associated with environmental issues in contracts, complex settlement agreements, financial responsibility mechanisms, and in legislative development.

Kean Miller represents both corporate and individual clients in environmental criminal matters. We also conduct client training sessions concerning environmental criminal laws and investigations. One of our partners is a former Assistant United States Attorney and assists with many of our white collar criminal matters.

Kean Miller regularly assists clients in regulatory development at the federal and state levels by working with stakeholder groups, proposing regulations, analyzing proposed rules, and preparing official comments and supporting administrative records in rulemaking actions. In a number of instances, we have represented clients in judicial challenges to agency rulemaking actions.

Kean Miller actively assisted clients on environmental matters during and in the aftermath of Hurricanes Katrina, Rita, Gustav, and Ike. This included assistance with reporting, obtaining variances, hearings, emergency orders, and other regulatory relief. We assist clients in the development of standard protocols and training programs for hurricane response and other emergency response measures. We also assist clients in OSHA matters related to environmental issues such as HAZWOPER compliance and PSM, chemical security regulation, and DOTD transportation of hazardous materials.