Environmental

We provide creative, strategically sound solutions to clients confronting federal, state, and local environmental law issues.

Environmental claims and obligations can be expensive and disruptive. Shumaker, Loop & Kendrick, LLP lawyers have the depth of experience to respond to demanding environmental situations with innovative and effective solutions—whether at the agency level or in litigation. Our understanding of our clients’ industries, business goals, and legal challenges give rise to strategies that protect both financial interests and business reputations.

Our practice and experience stretch back to the earliest major environmental statues. We have been involved in virtually every key U.S. Environmental Protection Agency rulemaking and enforcement initiative since the 1970s. So we understand how these environmental regulatory programs and enforcement strategies impact our clients’ businesses.

We have represented numerous clients in complex regulatory and litigation matters. Some recent instances include appearing in the United States Court of Appeals for the District of Columbia Circuit on interstate air pollution, representing purchasers and sellers in multimillion-dollar transactions involved in complex corrective action and brownfield claims, prevailing in groundwater litigation on “rate and extent” before the Ohio Environmental Appeals Board, achieving a landmark ruling on the limits of agency rulemaking authority, and defending and prosecuting environmental indemnity claims in federal trial courts and courts of appeals. 

Our lawyers regularly represent clients before the EPA, various state environmental agencies, and federal and state courts, and have handled cases in the Supreme Court of the United States and the state of Ohio. Recognizing that our clients’ reputations are invaluable, we foster good relationships between our clients and the agencies that regulate them. While we aim to avoid disputes by focusing on permit or regulatory development, we are vigorous litigators when needed.

Our Clients

  • Electric utilities
  • Petroleum refiners
  • Fortune 500 industrial companies, including the petrochemical, coke manufacturer, automotive, glass, defense, agribusiness, rubber, and mining industries
  • Midsize and small corporations facing regulatory compliance problems
  • Interstate pipeline companies
  • Integrated oil and gas producers
  • Real estate companies
  • Pharmaceutical companies
  • Glass and fiberglass industries
  • Agricultural industry

Our Services

  • Assistance in clean air regulation and permitting, including making changes to state implementation plans and acquiring major PSD and nonattainment permits for refinery and coking industry facilities
  • Assistance in Clean Water Act permitting and defense actions, including negotiating NPDES permits for utility and refining companies involving issues such as standard setting, bypass, thermal, and 316(a) problems
  • Defense of federal and state enforcement actions, including NSR “look back” and other allegations
  • Assistance in regulatory intervention
  • Litigation of buyer/seller disputes involving the allocation of pre- and post-sale remediation costs and other environmental compliance issues
  • Defense of class actions and third-party civil suits based on Clean Air Act violations
  • Applying Brownfield cleanup statutes to limit remediation liability and comply with CERCLA/RCRA obligations
  • Counseling on compliance problems under FIFRA and TSCA
  • Negotiation and administrative defense of federal and state notices of violation and other orders seeking penalties or halting site construction
  • Assistance in negotiating variances, compliance orders, permits, and groundwater monitoring plans
  • Assistance in handling due diligence matters on a national basis for real estate companies
  • Negotiation of environmental assumption and indemnity provisions
  • Handling of sophisticated permit issues, including permits under the Title V and New Source Review Provisions of the Clean Air Act, NPDES program under the Clean Water Act, construction and operation permits under RCRA, and State Solid Waste Act (including several problems concerning groundwater contamination and remediation)

Our Experience

  • Achieved a decision in United States Court of Appeals for the Sixth Circuit resulting in judgments and ultimate settlement of a $6 million claim for indemnity from past owner for corrective action obligations.
  • Obtained a state court jury verdict on behalf of client suffering damage to real property and environmental contamination; jury awarded over $3 million, punitive damages, attorneys’ fees, and piercing the corporate veil.
  • Achieved a landmark ruling from the Ohio Environmental Review Appeals Commission requiring rulemaking prior to imposition of NPDES thermal limits, avoiding $300 million capital expenditure.
  • Innovative sale/transaction of contaminated property, converting RCRA Corrective Action order to a less burdensome brownfields solution.
  • Defeated NGO motion to stay construction of new $300 million facility, allowing construction to proceed, pending appeal of permit. Devised strategy to defeat the attack on the clean air act construction permit.
  • Represented national oil refinery in modifying nationwide NSR consent decree.
  • Defended CWA citizen suits in California and Ohio.
  • Negotiated “no penalty” compliance order regarding pharmaceutical MACT standards for a major facility without penalty.
  • Negotiated PPA agreements and limited state remediation order allowing the purchase of a contaminated steel plant located on a strategic port site, with conditions allowing brownfield developments and limiting potential CERCLA liability.

News Releases

01.03.2019Shumaker Attorneys Named 2019 NC Legal Elite by Business North Carolina Magazine
08.17.2018Douglas G. Haynam Appointed to Ohio State Bar Association’s Commission on Judicial Candidates
05.03.2018Shumaker Attorneys and Practice Areas Recognized by Chambers USA
06.15.2017Kevin Braig Named Speaker at NCLGS Summer Meeting
06.01.2017Chambers USA Recognizes Shumaker Attorneys and Practice Areas
11.16.2016Shumaker Earns National and Regional Rankings from U.S. News – Best Lawyers® 2017
06.08.2016Cheri A. Budzynski Sworn in as President of Toledo Women’s Bar Association
06.06.2016Shumaker Attorneys Recognized as Leading Lawyers in Chambers USA
01.15.2016Shumaker Chosen as Environmental Law Firm of the Year in Ohio by Corporate INTL
11.12.2015Shumaker Earns “Best Law Firm” Rankings from U.S. News – Best Lawyers® 2016
05.27.2015Chambers USA Recognizes Shumaker Attorneys and Practices
02.12.2015Cheri A. Budzynski Appointed to Ohio State Bar Association’s Legal Ethics and Professional Conduct Committee
08.22.2014Matthew T. Kemp Joins Shumaker, Loop & Kendrick, LLP
05.30.2014Cheri A. Budzynski Selected for Ohio Women’s Bar Foundation Leadership Institute Class of 2014-2015
11.06.2013Shumaker, Loop & Kendrick, LLP Receives Metropolitan First-Tier Rankings in U.S. News – Best Lawyers® “Best Law Firms” for 2014
09.13.2013Cheri A. Budzynski Re-Appointed Social Media Vice Chair for American Bar Association Committee
05.29.2013Shumaker Recognized in Chambers USA
09.10.2012Cheri A. Budzynski Appointed Social Media Vice Chair for American Bar Association Committee
06.15.2012Shumaker Recognized in Chambers USA
04.02.2012Shumaker, Loop & Kendrick, LLP Attorneys Named To Corporate Counsel’s "2012 Top Rated Lawyers Guide to Energy/Environmental/Natural Resources Law"
09.27.2010Shumaker, Loop & Kendrick, LLP Receives First Tier Rankings in U.S. News Media Group and Best Lawyers 2010 “Best Law Firms” Inaugural List
05.06.2010Shumaker, Loop & Kendrick, LLP Attorneys Named “Leaders in their Field” by Chambers USA

Publications

04.12.2018Client Alert: Court Puts U.S. EPA, Lake Erie Impairment on the Clock
03.16.2018Client Alert: U.S. EPA Issues Policy Intended to Ease Pre-Construction Permitting Requirements for New and Modified Industrial and Manufacturing Sources
02.06.2018Client Alert: U.S. EPA Withdraws "Once-In, Always-In" Policy for Sources Regulated Under Section 112 of the Clean Air Act
11.01.2017Client Alert: CAFOs: Protect Against Future Liability; Make Continuous Release Report on November 15
10.17.2017Client Alert: Administrator Pruitt Issues a Directive to Eliminate “Sue and Settle” Agreements in Environmental Regulation
07.26.2017"Environmental Law: What to Expect from President Trump's Administration"
07.13.2017Client Alert: The First Six Months of the Trump Administration: Will Trump Successfully Deregulate U.S. EPA?
06.07.2017Client Alert: Top Ten Urban Legends of Intellectual Property
04.27.2017Client Alert: Non-Governmental Organizations (NGOs) Seek to Compel U.S. EPA to act on Ohio EPA’s Submission of its List of Impaired Waters in Federal District Court
04.14.2017Client Alert: Federal Court Orders CAFOs to Report Air Emissions
02.09.2017"Why Should I Register My Trademarks?"
01.31.2017Supreme Court's Wetlands Decision Pays Off For Business
06.09.2015"All Appropriate Inquiries:" Update on the Environmental Due Diligence Standard, insights Newsletter, Spring 2015
08.01.2012"The Legal Basis for the Role of SO2 Modeling in"
05.01.2012"Ohio's New Oil and Gas Boom Raises Environmental Legal Issues"
2012Insights on Defending an Environmental Class Action Suit.  In Inside the Minds, Litigating Environmental Class Actions (pp. 71-88).  Thompson Reuters/Aspatore.

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