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Environment

Environment

Environment

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Overview

BCLP has particular depth in the environmental field and we offer a leading environmental practice committed to balancing social, environmental and economic concerns. For more than 30 years, our lawyers have represented clients facing a broad range of environmental issues and challenges, including environmental compliance counseling, litigation, liability management, strategic planning and stewardship. The technical skills of our environmental lawyers combine with a multidisciplinary approach to offer clients an exceptional, comprehensive service. Our practice methods are deliberately solution-orientated and geared towards treating environmental law practice as a means to client’s ends rather than as an end in itself. 

The lawyers who practice environmental law at BCLP have the experience and reach to assist clients in the wide variety of matters they face in the field, in the courtroom and at the negotiating table. The hallmarks of our practice are deep technical knowledge in environmental and occupational health and safety law, a record of success in the litigation and trial of significant environmental and related insurance-coverage lawsuits (including group/class actions and mass torts), and advising on major projects of international, national and regional importance that raise complex environmental issues. We help our clients to navigate through the intricacies of environmental law and policy, including nature conservation, environmental impact assessment, environmental regulatory issues, dispute resolution and the environmental aspects of real estate and corporate transactions. Delivering solutions to environmental problems that confront owners of contaminated land, and developers of regeneration projects on brownfield land, also remains a core part of our business. 

Our lawyers are well aware that it is often essential for corporate and other institutional clients to maintain a working relationship and reputation for integrity, cooperation and environmental excellence with regulators and other public stakeholders. Our lawyers have many years of experience working with agencies and other stakeholders to represent clients effectively and with appropriate sensitivity to their reputational interests.  

Lawyers in the Environmental Practice Group represent the firm’s clients over the full spectrum of environmental and occupational safety and health matters. Please visit our associated environment pages to view more specific areas of our experience.

30+

For more than 30 years, our lawyers have represented clients facing a broad range of environmental issues and challenges.

35+

The more than 35 lawyers who practice environmental law at BCLP have the experience and reach to assist clients in the wide variety of matters they face in the field, in the courtroom and at the negotiating table.

Awards

  • BCLP was ranked as National Tier 1 in Environmental by "Best Law Firms" (2018 Edition) 
  • BCLP was ranked by Chambers UK 2019 in Tier 3 
  • BCLP was ranked by Legal 500 UK 2018 in Tier 3
  • BCLP was ranked by Chambers USA 2020 in the following categories: 
    • Colorado – Environment (Band 3) 
    • Illinois – Environment (Band 2) 
    • New York – Environment (Band 1) 
    • St. Louis & Surrounds – Environment (Band 1) 
  • BCLP was ranked by Chambers USA 2021 in the following categories:
    • Colorado – Environment (Band 3) 
    • Illinois – Environment (Band 2) 
    • Missouri: St. Louis & Surrounds – Environment (Band 1)
    • New York – Environment (Band 1)
    • USA Nationwide – Environment (Band 4)

Awards

  • BCLP was ranked as National Tier 1 in Environmental by "Best Law Firms" (2018 Edition) 
  • BCLP was ranked by Chambers UK 2019 in Tier 3 
  • BCLP was ranked by Legal 500 UK 2018 in Tier 3
  • BCLP was ranked by Chambers USA 2020 in the following categories: 
    • Colorado – Environment (Band 3) 
    • Illinois – Environment (Band 2) 
    • New York – Environment (Band 1) 
    • St. Louis & Surrounds – Environment (Band 1) 
  • BCLP was ranked by Chambers USA 2021 in the following categories:
    • Colorado – Environment (Band 3) 
    • Illinois – Environment (Band 2) 
    • Missouri: St. Louis & Surrounds – Environment (Band 1)
    • New York – Environment (Band 1)
    • USA Nationwide – Environment (Band 4)

Strong reputation for its advice on environmental issues associated with real estate transactions and development, including contaminated land, water pollution and waste matters. Attracts particular attention for work on the environmental aspects of key London infrastructure projects. Also impresses with its handling of contentious cases, such as nuisance claims, and its ability to advise on the environmental aspects of large corporate transactions.

Chambers & Partners 

Meet The Team

Lee Marshall

Lee Marshall

Global Department Leader – Litigation & Investigations, San Francisco

+1 415 675 3444

Mark Richards

Mark Richards

Partner and Regional Practice Group Leader - Energy, Environment and Infrastructure, London

+44 (0) 20 3400 4603

Meet The Team

Liz Blackwell

Liz Blackwell

Partner, St. Louis

+1 314 259 2513

Paul J. Lopach

Paul J. Lopach

Partner, Denver

+1 303 866 0207

Bryan E. Keyt

Bryan E. Keyt

Partner and Global Practice Group Leader - Energy, Environment and Infrastructure, Chicago

+1 312 602 5036

Lee Marshall

Lee Marshall

Global Department Leader – Litigation & Investigations, San Francisco

+1 415 675 3444

Mark Richards

Mark Richards

Partner and Regional Practice Group Leader - Energy, Environment and Infrastructure, London

+44 (0) 20 3400 4603

Liz Blackwell

Liz Blackwell

Partner, St. Louis

+1 314 259 2513

Paul J. Lopach

Paul J. Lopach

Partner, Denver

+1 303 866 0207

Bryan E. Keyt

Bryan E. Keyt

Partner and Global Practice Group Leader - Energy, Environment and Infrastructure, Chicago

+1 312 602 5036

Meet The Team

Lee Marshall

Lee Marshall

Global Department Leader – Litigation & Investigations, San Francisco

+1 415 675 3444

Mark Richards

Mark Richards

Partner and Regional Practice Group Leader - Energy, Environment and Infrastructure, London

+44 (0) 20 3400 4603

Liz Blackwell

Liz Blackwell

Partner, St. Louis

+1 314 259 2513

Paul J. Lopach

Paul J. Lopach

Partner, Denver

+1 303 866 0207

Bryan E. Keyt

Bryan E. Keyt

Partner and Global Practice Group Leader - Energy, Environment and Infrastructure, Chicago

+1 312 602 5036

Areas of Focus

  • Brownfields

  • Citizen Suits/NIMBY

  • Clean Air Act

  • Clean Water Law

  • Compliance Audits and Internal Investigations

  • Cost Recovery Litigation (Superfund/CERCLA and State equivalents)

  • Criminal Enforcement

  • Endangered Species (ESA)

  • Environmental Review (NEPA and State EIS laws)

  • Hazardous Materials Transportation (HMTA)

  • Hazardous Waste (RCRA)

  • Insurance Counseling

  • Mobile Source Emissions and Fleet Management

  • Oil Spills

  • Pesticides (FIFRA)

  • Reporting Requirements (EPCRA, CERCLA, Prop 65 and other state laws)

  • Safe Drinking Water (SDWA)

  • Solid Waste and Landfills

  • Toxic Substances Regulation (TSCA)

  • Transactional Work, Including SEC Disclosures

  • Underground Injection Control (UIC)

  • Water Rights

  • Wetlands

  • Ethylene Oxide Team

  • PFAS Team

Related Insights

Blog Post
Feb 21, 2025

European environmental regulations confronted in the Trump era

While the United States is moving backwards on the environmental front, the inflation of Europe’s environmental legislation in recent years is clashing with its objectives of simplification and competitiveness called within the Draghi Report. Spread across three pieces of legislation – the Corporate Sustainability Reporting Directive (CSRD), the Corporate Sustainability Due Diligence Directive (CS3D) and the Taxonomy Regulation (Taxonomy) –  the current EU sustainability framework is complex and presents risks of overlaps and inconsistencies. Although the promise of a “European shock of simplication” via the much expected Omnibus Simplification Package marks an important step towards balance, its success will depend on the effectiveness of the measures taken to combine the ambition of extraterritorial scope for EU environmental regulations with competitiveness and economic dynamism. As companies struggle with their first CSRD report (including their EU Taxonomy disclosure), the Omnibus package may introduce significant changes to reporting requirements. Yet, with the CSRD just becoming applicable and the CS3D not yet in force, many have questioned the timing and necessity of this initiative. Whether the Omnibus will force businesses to revisit their ESG strategies mid-stream and manage the legal uncertainty while ensuring compliance with existing regulations is key. Amidst the EU regulatory whirlwind, ultimately the major challenge for businesses, wherever they are based, is that of a stable and predictable regulatory environment.
Blog Post
Feb 04, 2025

PFAS in Soil: State Regulations

In the absence of enforceable federal standards for per- and polyfluoroalkyl substances (“PFAS”) in soil, several states have started the process of regulating PFAS in soil themselves.  These regulations have implications for due diligence, site investigations, and remediation decisions.  This client alert explores the current landscape of state regulations regarding the advisory, notification, and cleanup levels for PFAS – most commonly perfluorooctane sulfonic acid (“PFOS”) and perfluorooctanoic acid (”PFOA”)  – in soil.
Insights
Feb 03, 2025

HFC Regulation: Navigating Impacts to a Fast-Growing “Climate Control” Industry

Climate control technology is increasingly a focal part of modern society’s expectation to have sophisticated supply chains, particularly relating to perishable items such as pharmaceuticals, raw products, and food. The United States federal government and state governments have been actively working to regulate hydrofluorocarbons (HFCs), which are critical to refrigeration and the quickly evolving supply chain. This article provides a survey of United States legal obligations that may impact everyday business decisions regarding the production, use, and transport of HFCs, and what industries may expect as the regulations continue to develop and take force.
Blog Post
Jan 24, 2025

EPA Risk Evaluation for 1,4-Dioxane

Blog Post
Dec 19, 2024

PFAS in firefighting foam (AFFF) and equipment: state-by-state regulations

Numerous states have either enacted or proposed regulations regarding per- or polyfluoroalkyl substances (“PFAS”) present in Class B Aqueous Film-Forming Foams (“AFFF”) used for firefighting, or present in firefighters’ clothing and equipment. These regulations typically involve restrictions in four general areas:  Discharge or Use Restrictions. These regulations usually limit or prohibit the use of AFFF in training or testing exercises, and may only allow the use of AFFF in active firefighting situations; Disposal, Storage, Inventory or “Take-back” Provisions. Some states have enacted state run programs to purchase and dispose of AFFF, usually purchasing supplies from government agencies; Notification or Reporting Requirements. When continued use of AFFF is allowed, some states have required that businesses report specific details regarding their discharge; and Limitations on Personal Protective Equipment (“PPE”). Some states have limited or prohibited PPE for firefighters that contain PFAS compounds.
Blog Post
Nov 27, 2024

PFAS in groundwater: state-by-state regulations

In the absence of federal cleanup standards for per- and polyfluoroalkyl substances (“PFAS”) in groundwater, several states have started the process of regulating PFAS in groundwater themselves. As a result, states have adopted a patchwork of regulations and guidance standards that present significant compliance challenges to impacted industries. This client alert explores the current landscape of state regulations regarding the advisory, notification, and cleanup levels for PFAS – typically perfluorooctane sulfonic acid (“PFOS”) and perfluorooctanoic acid (”PFOA”) – in groundwater.
Blog Post
Nov 13, 2024

PFAS in food packaging: state-by-state regulations

In the absence of comprehensive federal regulation of PFAS in food packaging, states are dishing out their own laws.  Thus far, 13 (thirteen) states have enacted laws addressing PFAS substances in food containers and packaging materials (“Food Packaging”), and there are 15 (fifteen) proposed bills that are currently pending in various states.  These laws are intended to address concerns that storing food in Food Packaging that contains PFAS compounds may result in increased ingestion of those PFAS substances.  Related to food packaging, a growing number of states are enacting or proposing general bills involving the recyclability of food or beverage packaging, but this client alert does not specifically address those requirements as these measures do not exclusively involve PFAS substances. According to the United States Environmental Protection Agency (“EPA”), commonly cited examples of Food Packaging that have historically contained PFAS substances include “grease-resistant paper, fast food containers/wrappers, microwave popcorn bags, pizza boxes, and candy wrappers.”

Related Insights

Blog Post
Feb 21, 2025
European environmental regulations confronted in the Trump era
While the United States is moving backwards on the environmental front, the inflation of Europe’s environmental legislation in recent years is clashing with its objectives of simplification and competitiveness called within the Draghi Report. Spread across three pieces of legislation – the Corporate Sustainability Reporting Directive (CSRD), the Corporate Sustainability Due Diligence Directive (CS3D) and the Taxonomy Regulation (Taxonomy) –  the current EU sustainability framework is complex and presents risks of overlaps and inconsistencies. Although the promise of a “European shock of simplication” via the much expected Omnibus Simplification Package marks an important step towards balance, its success will depend on the effectiveness of the measures taken to combine the ambition of extraterritorial scope for EU environmental regulations with competitiveness and economic dynamism. As companies struggle with their first CSRD report (including their EU Taxonomy disclosure), the Omnibus package may introduce significant changes to reporting requirements. Yet, with the CSRD just becoming applicable and the CS3D not yet in force, many have questioned the timing and necessity of this initiative. Whether the Omnibus will force businesses to revisit their ESG strategies mid-stream and manage the legal uncertainty while ensuring compliance with existing regulations is key. Amidst the EU regulatory whirlwind, ultimately the major challenge for businesses, wherever they are based, is that of a stable and predictable regulatory environment.
Blog Post
Feb 04, 2025
PFAS in Soil: State Regulations
In the absence of enforceable federal standards for per- and polyfluoroalkyl substances (“PFAS”) in soil, several states have started the process of regulating PFAS in soil themselves.  These regulations have implications for due diligence, site investigations, and remediation decisions.  This client alert explores the current landscape of state regulations regarding the advisory, notification, and cleanup levels for PFAS – most commonly perfluorooctane sulfonic acid (“PFOS”) and perfluorooctanoic acid (”PFOA”)  – in soil.
Insights
Feb 03, 2025
HFC Regulation: Navigating Impacts to a Fast-Growing “Climate Control” Industry
Climate control technology is increasingly a focal part of modern society’s expectation to have sophisticated supply chains, particularly relating to perishable items such as pharmaceuticals, raw products, and food. The United States federal government and state governments have been actively working to regulate hydrofluorocarbons (HFCs), which are critical to refrigeration and the quickly evolving supply chain. This article provides a survey of United States legal obligations that may impact everyday business decisions regarding the production, use, and transport of HFCs, and what industries may expect as the regulations continue to develop and take force.
Blog Post
Jan 24, 2025
EPA Risk Evaluation for 1,4-Dioxane
Blog Post
Dec 19, 2024
PFAS in firefighting foam (AFFF) and equipment: state-by-state regulations
Numerous states have either enacted or proposed regulations regarding per- or polyfluoroalkyl substances (“PFAS”) present in Class B Aqueous Film-Forming Foams (“AFFF”) used for firefighting, or present in firefighters’ clothing and equipment. These regulations typically involve restrictions in four general areas:  Discharge or Use Restrictions. These regulations usually limit or prohibit the use of AFFF in training or testing exercises, and may only allow the use of AFFF in active firefighting situations; Disposal, Storage, Inventory or “Take-back” Provisions. Some states have enacted state run programs to purchase and dispose of AFFF, usually purchasing supplies from government agencies; Notification or Reporting Requirements. When continued use of AFFF is allowed, some states have required that businesses report specific details regarding their discharge; and Limitations on Personal Protective Equipment (“PPE”). Some states have limited or prohibited PPE for firefighters that contain PFAS compounds.
Insights
Dec 13, 2024
California indicates lenient enforcement in first year of climate reporting law
Blog Post
Nov 27, 2024
PFAS in groundwater: state-by-state regulations
In the absence of federal cleanup standards for per- and polyfluoroalkyl substances (“PFAS”) in groundwater, several states have started the process of regulating PFAS in groundwater themselves. As a result, states have adopted a patchwork of regulations and guidance standards that present significant compliance challenges to impacted industries. This client alert explores the current landscape of state regulations regarding the advisory, notification, and cleanup levels for PFAS – typically perfluorooctane sulfonic acid (“PFOS”) and perfluorooctanoic acid (”PFOA”) – in groundwater.
News
Nov 19, 2024
BCLP receives a second recognition in The Legal 500 Green Guide: UK 2025
Blog Post
Nov 13, 2024
PFAS in food packaging: state-by-state regulations
In the absence of comprehensive federal regulation of PFAS in food packaging, states are dishing out their own laws.  Thus far, 13 (thirteen) states have enacted laws addressing PFAS substances in food containers and packaging materials (“Food Packaging”), and there are 15 (fifteen) proposed bills that are currently pending in various states.  These laws are intended to address concerns that storing food in Food Packaging that contains PFAS compounds may result in increased ingestion of those PFAS substances.  Related to food packaging, a growing number of states are enacting or proposing general bills involving the recyclability of food or beverage packaging, but this client alert does not specifically address those requirements as these measures do not exclusively involve PFAS substances. According to the United States Environmental Protection Agency (“EPA”), commonly cited examples of Food Packaging that have historically contained PFAS substances include “grease-resistant paper, fast food containers/wrappers, microwave popcorn bags, pizza boxes, and candy wrappers.”