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. When you engage us to represent you, you have the benefit of our years of experience on your side. Our environmental lawyers are an accomplished group—having, among them, a master’s degree in environmental law from the highest ranked program in the country. Others are listed in Chambers and Partners USA: America’s Leading Lawyers for Business, in The Best Lawyers in America, or have been selected by attorney peers for inclusion in Super Lawyers, including the Top 50 Lawyers in Arkansas. Our lawyers are members of the prestigious American College of Trial Lawyers and the American Board of Trial Advocates. We are pleased to be regarded by our colleagues, but our real and continuous focus is on earning the loyalty of our clients by striving—always—to deliver the best possible result.

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.

Clients rely on us to help them with an array of environmental matters including 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; and management of environmental risks and liabilities. In addition, we have represented clients in issues involving remediation and abatement; petroleum products and 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; and managing and apportioning liability among potentially responsible parties. Further, 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. We have represented our clients not only in courts, but also before the Arkansas Department of Environmental Quality, the Environmental Protection Agency, the United States Army Corps of Engineers, the United States Department of Agriculture, and the Arkansas Natural Resources Commission.

Our attorneys have represented potentially responsible parties in numerous issues involving CERCLA and have successfully negotiated apportionment of liability in complex pollution cases. We have also represented many clients in defense of toxic tort claims and related claims for personal injury and property damage. In addition, we have represented clients in issues of federal and state program eligibility ranging from the Conservation Reserve Program to the Arkansas Petroleum Storage Tank Trust Fund. Further, we have represented and advised clients regarding federal and state laws governing the beneficial use of animal waste as fertilizer.

Representative Clients

  • Diamond Lakes Oil Company
  • Mehaffy Construction Co., Inc.
  • Producers Rice Mill, Inc.
  • The Arkansas Economic Development Commission
  • USA Drug
  • Regions Bank
  • Everest National Insurance Company
  • Central Arkansas Disposal, LLC
  • Murphy Oil USA, Inc.
  • Arkansas Farm Bureau Federation
  • L & L Oil Co., Inc.
  • Central Moloney, Inc.
  • KGen Power Management, Inc.
  • Oaklawn Jockey Club, Inc.
  • The Dow Chemical Company

Representative 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