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Legislation and Rulemaking

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Our environmental lawyers are involved with the development and promulgation of environmental laws and regulations, which provides them with an in-depth knowledge and understanding of those laws. With that knowledge, our environmental attorneys are able to provide counseling to clients on compliance and enforcement issues and in negotiations with federal and state agencies. We represent major state industry trade associations and industry clients through the legislative and rulemaking process, both on a state and national level. Our environmental lawyers are registered state lobbyists and provide counsel to clients during the legislative session, draft laws, and follow legislation. We work with state agencies in promulgating regulations and provide written and oral comments during the rulemaking process.
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Environmental Litigation Robinson & McElwee’s environmental attorneys handle litigation matters dealing with environmental agency enforcement actions, citizen lawsuits and air and water permit appeals, among others. Our state environmental litigation includes all stages of practice from administrative appellate bodies to circuit courts and the Supreme Court of Appeals of West Virginia.

Our environmental attorneys handle cases involving:

  • National Pollutant Discharge Elimination (NPDES) permit appeals
  • Air pollution control permit appeals
  • Air and water pollution and non-compliance orders
  • Underground storage tank release liability
  • Natural gas and coalbed methane drilling rights
  • Flood lawsuits
  • Superfund liability, cost recovery and enforcement actions
  • Property contamination Environmental criminal defense
  • Citizen suits
  • Alternative dispute resolution, mediation, arbitration and allocation
  • Commercial and private industrial solid waste facility permitting
We assist our clients in negotiations with the West Virginia Department of Environmental Protection and the United States Environmental Protection Agency (EPA) with regard to violations of permits and regulations. Our environmental practice also includes counseling our clients on various compliance matters. We also advise clients on the environmental aspects of commercial transactions. Additionally, we perform environmental audits and due diligence transactions for commercial clients and draft environmental agreements in lease and contract clauses.