Cozen O’Connor: Environmental Regulatory & Due Diligence

Environmental Regulatory & Due Diligence

Recent News:

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

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


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 Counselling

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.


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

In The News

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.