Environmental, Natural Resources, & Energy

The attorneys of Stites & Harbison's Environmental, Natural Resources & Energy Service Group integrate their knowledge of complex regulatory programs with an understanding of the principles of administrative law, constitutional law, and the common law to provide legal advice on issues that touch air, land, or water.

Our group’s attorneys have experience with state and federal regulators across the country. Many of our attorneys also have technical backgrounds in scientific and engineering fields that provide valuable insight to environmental problems.

We strive to build practical solutions in all environmental representations. Our attorneys work closely with our clients' management and technical staffs to develop strategies that are both legally sound and consistent with our clients' goals and strategic business plans.

When disputes arise, our lawyers seek to resolve them and achieve these goals and minimize exposure while avoiding litigation. Meanwhile, we are also prepared to litigate in any forum, from specialized administrative bodies to state and federal trial and appellate courts.

We routinely advise clients in natural resource development and sales, acquisitions, and corporate and commercial transactions, including the complicated aspects of mineral and related property rights and brownfields redevelopment.

We have negotiated permits under the Clean Air Act and Clean Water Act, along with numerous state and federal laws associated with the extractive industries, and have coordinated the necessary due diligence in corporate and real estate transactions. We have provided counsel in the development and operation of gas- and coal-fired power plants and renewable energy developments. Additionally, we routinely advise regarding the resolution of contaminated property issues whether for an owner, prospective purchaser or lender.

In representing private clients and trade associations, we also have significant experience in developing or challenging state and federal rulemaking under numerous environmental and natural resources related statutes. We regularly participate in the rulemaking process by meeting with regulators and drafting comments on proposed rules on behalf of clients.

Our group supports finding beneficial uses for major industrial waste streams, and in developing ways for our clients to minimize disposal costs while protecting the environment.

We are familiar with and represent clients in matters where sustainability and/or green construction are central concerns. Clients with assets or operations having an environmental component rely on Stites & Harbison attorneys to listen and then identify and resolve issues to assure compliance, mitigate risk, and limit exposure to environmental liability.

With significant representations in the manufacturing, agriculture, surety, construction, power generation, waste and recycling, and the extractive industries – including minerals, coal, oil, gas, timber, and water – our attorneys are accustomed to working with business and regulatory communities.

We have particular experience in the following areas:

• Air pollution and the Clean Air Act
• Audits, risk, and compliance program assessment
• Chemicals, products, and hazardous materials
• Common law nuisance, trespass, and toxic torts
• Conservation easements
• Endangered Species Acts
• Energy generation and transmission including solar development
• Environmental compliance, litigation, and defense
• Infrastructure and project development and permitting
• Insurance recovery
• Land use
• Mining and natural resources
• Mobile source regulation
• NEPA and historic preservation reviews
• Occupational Safety and Health Administration (OSHA)
• Pipelines
• Real estate
• Regulatory compliance
• Resource development, production, and regulation
• Superfund (CERCLA), site remediation, and natural resource damages
• Sustainability
• Surety
• Transactions, due diligence
• Waste disposal and recycling
• Water quality, wetlands, groundwater, and drinking water

Stites & Harbison is a proud partner in the Law Office Climate Challenge Program, a joint effort of the American Bar Association and the EPA targeted at developing and implementing sustainable business practices in a law-office setting.