Environmental Regulatory & Due Diligence

Featured Publication:

Choosing Safe & Effective Disinfection in the Post-COVID-19-World

Cozen O’Connor’s Environmental Practice partnered with Aramark to provide owners and operators of commercial and institutional facilities with insight into the important differences in SARS-CoV-2 disinfection methods for interior spaces. The practical, fact-based whitepaper, “Choosing Safe & Effective Disinfection in the Post-COVID-19-World” offers information to help better inform owners and operators on considerations for the selection of appropriate cleaning and disinfecting methods to ensure hard, impervious surfaces within interior spaces are safely and effectively disinfected.

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Most businesses in the United States are subject to a complex web of federal and state environmental laws. Cozen O’Connor is a leading adviser on the application and interpretation of those laws.

The Environmental Regulatory & Due Diligence team is well versed in all major federal and state environmental laws, including the Clean Air Act, Clean Water Act, CERCLA and SARA, Endangered Species Act, Resource Conservation and Recovery Act (RCRA), Toxic Substances Control Act, and the Safe Drinking Water Act. It also includes attorneys with detailed knowledge of regulatory sub-areas, including New Source Review, National Emission Standards for Hazardous Air Pollutants, Outer-Continental Shelf Air Regulations, and the Solid Waste Disposal Act.

Cozen O’Connor’s ability to help clients interpret and comply with these statutes is greatly enhanced by having former environmental regulators in our ranks, a number of whom were involved in writing current provisions. The team is led by the former Special Assistant to the EPA’s Director of Civil Enforcement who helped draft regulations implementing amendments to the Clean Air Act. It also includes the former Regional Counsel for the U.S. Environmental Protection Agency Mid-Atlantic region and former National Director of the Offices of Pesticides Programs.

To provide relevant, actionable advice, regulatory attorneys must understand the underlying business as well as they understand the environmental laws; Cozen O’Connor immerses itself in client operations, financials, and industry dynamics, and tailors all guidance accordingly.

Regulatory Counseling

The firm works closely with corporate clients to establish their responsibilities under federal and state environmental statutes and design compliance regimes. We conduct comprehensive on-site assessments and audits, make recommendations, and assist in implementation.

Permit Approvals

The firm helps clients navigate the process of obtaining permits and authorizations from federal and state agencies, including permits for New Source Review, Freshwater Wetlands, Outer Continental Shelf Sources, National Pollutant Discharge Elimination, Underground Storage Tank Closures, New Jersey Pinelands Commission, and others.

Due Diligence

Our team conducts comprehensive due diligence to support a wide range of corporate and real estate transactions, particularly in the utilities, energy, industrial, commercial, and maritime industries. Assistance may include: Phase I and Phase II reports, compliance reviews and audits, inspections, resolution of areas of noncompliance, environmental liability analysis, environmental liability allocation, environmental insurance review, and transferring necessary permits or authorizations.

Experience

Publications

EPA Signals Enforcement Direction Shifts

May 17, 2021

Marcia Mulkey and James Van Orden discuss the EPA's memo to the national and regional enforcement managers that signals clear and specific enforcement policy expectations in the stressed communities and environmental justice context.

Businesses Using PFAS Chemicals Now Subject to TRI Reporting and Greater Scrutiny

December 01, 2020

Pete Fontaine and Marcia Mulkey discuss the EPA's Toxic Release Inventory reports required for 172 PFOS and PFOA compounds.

New Jersey’s First in the Nation State Environmental Justice Law [Alert]

October 22, 2020

Amorie Hummel, Evan Preminger, Michael Connolly, and Greg Eisenstark discuss the New Jersey law that is the first in the nation to require mandatory permit denials under state law for new facilities and to expressly allow the imposition of conditions on renewal and expansion permits for existing facilities based on environmental justice concerns alone.

Is EPA’s Emergency Approval of Long-lasting Disinfectant a Game Changer? [Alert]

August 31, 2020

Marcia Mulkey and Evan Preminger discuss the EPA's emergency exemption to the state of Texas to permit the use of a chemical disinfectant product that claims to effectively kill viruses on surfaces for up to seven days after application.

Choosing Safe & Effective Disinfection in the Post-COVID-19-World

June 01, 2020

Pete Fontaine partnered with Aramark to provide owners and operators of commercial and institutional facilities with insight into the important differences in SARS-CoV-2 disinfection methods for interior spaces.

Environmental Compliance During the COVID-19 Pandemic [Alert]

April 15, 2020

Pete Fontaine, Marcia Mulkey, and Amorie Hummel discuss how various state and federal orders are impacting the environmental industry.

PFAS in California — Impact of the 2020 Defense Authorization Act [Alert]

February 10, 2020

Peter Fontaine and Marcia Mulkey discuss California’s active involvement in the emerging PFAS challenges and how extensive reporting requirements will result in rapid expansion of information.

Philadelphia Non-Residential Buildings Required to Boost Energy Efficiency Under New Law [Alert]

January 09, 2020

James Van Orden and Matthew Robbins discuss what commercial building owners need to know about the Building Energy Performance Policy bill signed into law by Mayor Kenny.

Congress Passes Federal PFAS Legislation in Defense Authorization Act [Alert]

December 19, 2019

Pete Fontaine and Marcia Mulkey discuss the 2020 Defense Authorization Act, which will speed investigations and cleanups of military facilities contaminated with per- and poly-fluorinated compounds.

EPA Issues New CERCLA Guidance on Liability Protections for Current/Potential Impacted Site Owners [Alert]

September 09, 2019

If you’re back to work navigating the complexities of cleaning up a brownfields site, you’re in luck. The EPA issued an update to “Enforcement Discretion Guidance” for enforcement personnel as it relates to liability protections under the 2002 Brownfields Amendments to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).

States Ratcheting Down on PFAS Compounds, Moving Ahead of Federal Government [Alert]

July 31, 2019

Marcia Mulkey and Peter J. Fontaine discuss New Hampshire's drinking water maximum contaminant levels (MCLs) for PFOS and PFOA, which will go into effect October 1, 2019.

PFAS and Public Water Supply in Pennsylvania: Challenges & Opportunities [Alert]

May 20, 2019

Peter Fontaine, Michael Klein, and Marcia Mulkey discuss the Pennsylvania Department of Environmental Protection's tracking approximately 19 sites with known contamination with PFOA and PFOS and its PFAS sampling plan, targeting 300 public water supplies with elevated potential for contamination and testing for six PFAS compounds

D.C. Circuit Upholds Strict One-Year Deadline for State Waivers of Water Quality Certifications [Alert]

January 30, 2019

Amorie Hummel discusses the decision in Hoopa Valley Tribe v. FERC and why those with Section 401 permits lingering should consider whether the agency’s review has been waived or whether a discussion with the state agency regarding the one-year timeline may be beneficial for the project.

In The News

Grid Hurdles Can't Be Overlooked In US Offshore Wind Push

May 09, 2022

James Van Orden is quoted in a Law360 article that discusses concerns regarding the long-term addition of offshore wind. Experts express that the US grid may not be prepared for what is to come and emphasizes the importance of taking action to accelerate transmission development as the number of turbines in the water continues to increase.

Eight Cozen O’Connor Attorneys Recognized as 2022 Southern California Super Lawyers

January 20, 2022

Super Lawyers has named eight Cozen O'Connor attorneys to its 2022 Southern California Super Lawyers list.

Biden’s Clean Energy Push Has Wind Industry Thinking Big

February 10, 2021

James Van Orden was quoted in Law360 on the implications of the Biden administration’s executive order, which doubles offshore wind power generation in U.S. federal waters by 2030.

Environmental Lawyer Serves Clients at the Intersection

January 01, 2021

Peter Fontaine, chair of Cozen O'Connor's Environmental Practice, was interviewed by Of Counsel to discuss the practice, his career, most significant cases, and his likes and dislikes about the legal profession.

Cozen O’Connor Gets “A” Grade on the 2020 Law Firm Climate Change Scorecard

October 06, 2020

To receive an A grade, Cozen O’Connor met the criteria for an A grade in either litigation, transactions, or lobbying and has no lobbying nor transactional work on behalf of the fossil fuel industry and no cases exacerbating climate change.

Nine Cozen O’Connor Attorneys Recognized as 2020 Southern California Super Lawyers

January 15, 2020

Super Lawyers has named nine Cozen O'Connor attorneys to its 2020 Southern California Super Lawyers.

Cozen O’Connor Recognized As a Best Law Firm in 24 Practice Areas Nationwide, 106 Practice Areas Regionally

November 05, 2019

The U.S. News – Best Lawyers “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations and peer review from leading attorneys in their field.

Cozen O’Connor Welcomes Former EPA Senior Counsel Marcia Mulkey to its Utility, Environmental & Energy Practice

December 03, 2018

Mulkey will provide guidance on federal environmental regulation, compliance, and enforcement.

Fifty-four Cozen O’Connor Attorneys Named 2018 Pennsylvania Super Lawyers and Rising Stars

June 12, 2018

Super Lawyers has named 54 Cozen O'Connor attorneys to its 2018 Pennsylvania Super Lawyers and Rising Stars lists.

Cozen O’Connor Elects 19 Associates to Membership

April 09, 2018

Cozen O’Connor has elected 19 associates to membership in the firm. The management committee appointed this qualified group of attorneys to membership based on demonstrated professionalism, leadership, dedication, and loyalty to Cozen O’Connor.

2018 U.S. News & World Report – Best Lawyers "Best Law Firms" Ranks Cozen O’Connor

February 01, 2018

In the 2018 U.S. News - Best Lawyers® "Best Law Firms, Cozen O’Connor is ranked nationally in 17 practice areas and regionally in 64 practice areas.

Contacts

Peter J. Fontaine

Chair, Environmental

pfontaine@cozen.com

(215) 665-2723

Alison Lecker

Member

alecker@cozen.com

(215) 665-6904

James F. Van Orden

Member

jvanorden@cozen.com

(215) 665-4625

People

Awards

Eight Cozen O’Connor Attorneys Recognized as 2022 Southern California Super Lawyers

January 20, 2022

Super Lawyers has named eight Cozen O'Connor attorneys to its 2022 Southern California Super Lawyers list.

Nine Cozen O’Connor Attorneys Recognized as 2020 Southern California Super Lawyers

January 15, 2020

Super Lawyers has named nine Cozen O'Connor attorneys to its 2020 Southern California Super Lawyers.

Cozen O’Connor Recognized As a Best Law Firm in 24 Practice Areas Nationwide, 106 Practice Areas Regionally

November 05, 2019

The U.S. News – Best Lawyers “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations and peer review from leading attorneys in their field.

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