Primary Contact: Brian Rosenthal
We have significant experience and expertise in state and federal environmental laws dealing with air and water pollution and hazardous waste cleanup. We represent clients at the Arkansas Department of Environmental Quality and the EPA in multiple regions to negotiate compliance with the relevant laws and regulations governing industry. We also defend legal actions brought by those agencies and represent groups in environmental litigation.
Our lawyers include a past chairman of our state’s Environmental Law Section and current member of the American College of Environmental Law.
We assist in analysis and review to provide proper contractual protections through indemnities and for their enforcement. The firm has successfully obtained and managed insurance protection and claims for client protection.
We provide assistance in many areas of business transactions, from review of due diligence issues such as permitting and compliance, to drafting appropriate indemnity and contractual agreements regarding past and prospective environmental matters. We can also assist and facilitate your redevelopment efforts and the return to productive use of industrial property through Arkansas’ brownfields laws and voluntary cleanup programs.
Analysis and review of compliance records and requirements are ongoing roles of our firm. We work with state and federal agencies to address compliance concerns both proactively and in response to agency and private party initiatives. Compliance concerns are often reviewed through audit protocols where we are conscious of audit and other work product privileges.
Natural Resources and Water Law
Protection of the environment and preservation of resources are key issues for our clients. We assist clients with federal and state actions and matters involving alleged natural resource damage; preservation of natural resources through NEPA and other reviews; and in a wide variety of state and federal water issues involving the EPA, Corps of Engineers, and the Arkansas Natural Resources Commission. Such actions include environmental impact review; water study and planning issues; and a variety of wetlands concerns.
We can assist in permit applications, reviews, modifications, challenges, and transfers. Issues include obtaining flexible permitting requirements, permit shields, and other protective and environmentally responsible permitting conditions.
State and Federal Agency Proceedings and Litigation
We can assist you with a variety of state and federal agency proceedings and litigation throughout the region and the nation. While we use every effort to avoid litigation in reaching a successful and fair resolution for our clients, we have successfully pursued and defended litigation involving agency proceedings, initiated acts, and state and federal courts.
Water law and Natural Resources
Water is quickly being recognized as the valuable resource it is, adding value as land attribute. We assist clients in all aspects of water law: permitting; registrations; title and survey reviews for riparian rights; mitigation bank rights; conservation easements and all aspects of Corps and state regulatory oversight and compliance issues. Water law can be murky. You need a firm with deep experience.
Multi-decade representation of agricultural companies, including development, contracting, acquisitions, administrative compliance and defense
Represent equity and transportation firms in borrowings, refinancings, due diligence, sales, leases and regulatory compliance
Represent multistate client in acquisitions, financings, credits and insurance
Multi-decade water representation of navigational interests in Arkansas
Practice in matters concerning water rights, water use and water and project permitting
Multi-media environmental due diligence and creative problem solving through public and private remedial actions and responses.
Represented interested park users, citizens and group in administrative and litigated matters leading to the preservation of riverfront parks in central Arkansas for further recreational development
Completed one of the first Arkansas Brownfields projects
Founding fellow in the American College of Environmental Lawyers