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ENVIRONMENTAL LAW

Some of the largest and most prestigious companies doing business in Arkansas, along with government entities and individuals, have relied on us for guidance and representation in environmental matters involving transactions, litigation, and administrative hearings. In addition, we advise our clients regarding environmental business and tax incentives and strategies for adapting to and thriving in an increasingly “green” business and regulatory environment.

Focused on our Clients

Our clients represent diverse industries and include real estate developers, banks and financial institutions, insurance companies, oil and gas companies, railroads, retailers, jockey clubs, manufacturers, construction companies, transportation companies, electric utilities, agricultural producers and educational institutions. In addition to our industrial and commercial clients, we are proud to represent various government entities as well as associations and individuals.

Focused on our Services

  • Permitting and compliance
  • Toxic torts
  • Federal and state issues governing the beneficial use of animal waste as fertilizer
  • Environmental due diligence and all appropriate inquiries
  • Environmental issues in commercial real estate transactions
  • Environmental issues in commercial lending
  • Management of environmental risks and liabilities
  • Remediation and abatement
  • Petroleum products
  • Underground and aboveground storage tanks
  • Retaining and working with environmental consultants, contractors, and experts
  • Working with government agencies and representatives
  • Treatment and disposal of solid and hazardous wastes
  • Asbestos and mold
  • Managing and apportioning liability among potentially responsible parties
  • Tax incentives
  • Regulatory

We have represented our clients not only in courts, but also before the:

  • Arkansas Department of Environmental Quality
  • Environmental Protection Agency
  • United States Army Corps of Engineers
  • United States Department of Agriculture
  • Arkansas Natural Resources Commission

    Focused on Matters

    • We defended a Louisiana Gas Company in a toxic tort lawsuit, resulting in a jury verdict for the defense.
    • We represented poultry growers with respect to federal and state laws governing the beneficial use of poultry litter as fertilizer.
    • We have advised clients regarding:
      • Treatment and disposal of solid and hazardous wastes
      • Air and water quality issues
      • Proper management of petroleum-based products and underground and aboveground petroleum storage tanks
      • Indoor air quality issues, including mold and asbestos abatement
      • Stormwater permitting and stormwater pollution prevention plans
      • Abatement and cleanup following the release of hazardous or potentially hazardous substances
      • Retaining and working with environmental contracts and environmental experts to complete environmental inspection, testing, abatement, and cleanup projects
      • Environmental issues in commercial and residential real estate transactions
      • Understanding potential statutory and common law claims which may be brought against a client by a regulatory entity or by a third party
      • Federal and state environmental permitting issues including obtaining proper permits, compliance with permit conditions, and transfer of permits
      • Environmental issues and the potential for liabilities in the landlord/tenant context
      • Environmental issues in contracts negotiation including representations and warranties and indemnification clauses
      • Negotiation of oil and gas leases
      • Federal permitting requirements and compliance under Section 404 of the Clean Water Act
      • Compensation for regulatory takings based on federal environmental statutes and regulations
      • Compensation and eligibility issues related to the federal Conservation Reserve Program
      • Compliance with federal and state statutes and regulations governing concentrated animal feeding operations and the preparation and implementation of nutrient management plans
      • Environmental insurance policies and coverage issues

       

       

    James M. Saxton
    Taxation & Real Estate

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