Environmental

James Bates offers exceptional experience to guide our clients through all of the issues arising from federal, state, and local regulation of the environment.

Our key services include

• Providing advice in the acquisition of real property that may have been impacted by releases of hazardous substances;
• Assisting clients in negotiating financing and risk allocation in connection with redevelopment of properties, including environmental insurance;
• Negotiating with federal and state regulators over alleged violations of environmental laws and permits; and
• Pursuing claims to recover damages and clean-up costs from parties responsible for environmental contamination.

William J. “Bill” Sheppard, a recent addition to James Bates’ environmental practice group, was recognized in 2009 by Chambers USA as a leader in the environmental practice area in Georgia. Chambers provides its ranking based on in-depth interviews of clients for which the lawyers have performed work. As confirmed by his clients, Mr. Sheppard’s unique mix of litigation and transactional experience enables him to provide advice on a broad range of issues, including environmental due diligence and assessment, responding to demands from regulatory agencies, developing and implementing remediation alternatives, constructional and environmental permitting and entitlements; reviewing drafting and negotiating environmental agreements pertaining to property use and development, and all construction and environmental aspects of Brownfield redevelopment and mixed use projects.

Representative Matters

• Represent container manufacturer in negotiation of penalties and consent order with US EPA for RCRA hazardous waste violations in facility in south Georgia;
• Represent client in insurance coverage litigation against insurer of dry cleaning tenant responsible for contamination of retail shopping center;
• Represent multi-family developer in acquisition of property in Massachusetts impacted with heavy metal contamination from off-site facility;
• Represent container manufacturer in assessment of impact from operations of former site owner pursuant to consent order with US EPA for facility in southeastern Ohio;
• Represent owner of multi-building office complex in claims for constructive eviction as a result of alleged mold contamination in tenant spaces;
• Represent client in urban redevelopment of 138 acres previously used as a steel mill;
• Provide advice to client in connection with foreclosure of environmental impacted property;
• Represent client in recovery action against owner of adjoining property responsible for environmental contamination migrating across property boundaries;
• Represent client in assessment and remediation of several sites impacted by dry cleaning operations;
• Represent client in recovery action against prior tenant and owner of property foreclosed after release of hazardous substances;
• Provide advice to relating to foreclosure of partially developed properties impacted by erosion and sedimentation issues;
• Represent permittee in challenge to surface water withdrawal permit issued by Georgia EPD.

James Bates focuses on solutions to problems arising from environmental regulations. We have the experience to help clients make sense of all the issues associated with environmentally impacted properties and get the deal closed.

Environmental Attorneys