KDV regularly represents insurance companies in regulatory compliance matters. Our environmental lawyers guide clients through the complex web of federal, state and local regulatory rules involved in property contamination and cleanup. We unravel complex layers of liability that often involve years of contamination by multiple occupants of the property or involve multiple jurisdictions when contamination covers a large area.

Corporate Environmental Compliance Programs

Laws are constantly in flux and often the rules of one jurisdiction conflict with another. So how do corporations remain in compliance with regulations imposed by multiple federal agencies and numerous affected states and municipalities? Our lawyers assist clients in establishing a comprehensive, clear environmental compliance program. We conduct compliance reviews and advise our clients on the steps to coming into compliance. We also help prepare our clients for regulatory inspections by government agencies and auditors, and we assist insurance companies in building a defense against regulatory violations and liability claims.

Superfund Sites

The Environmental Protection Agency (EPA) oversees the Superfund program, which involves the cleanup of contamination so property can be developed and revitalized. The Superfund designation comes with complicated EPA regulations. Nothing can be done on the site without EPA approval. The encumbrance of bureaucratic red tape can unnecessarily delay the start of a project, and violations of EPA regulations can result in a cease work order, fines and other consequences. Our attorneys advise clients on regulatory compliance at each step of a Superfund cleanup project. We work diligently to protect our clients from delays and violations associated with EPA regulations.

Further complicating the liability for Superfund cleanup is that often many different companies occupy the site over a period of time.  The period of contamination may extend back for generations or a full century, with each business dumping different chemicals on the property. Each chemical must be identified and assessed to determine its potential for harm, the manner of disposal and the liable party. Many local, state and federal laws come into play in each stage of the process. Our attorneys are knowledgeable about the interplay of these laws and resolution of conflicts in law.

Chemical Spills

Contamination tends to spread into numerous jurisdictions that impose their own laws and penalties. A chemical spill on a body of water, for example, usually flows into neighboring areas and is subject to navigation laws in each jurisdiction. Transportation companies also might be accountable in the multiple jurisdictions in which the toxic materials travel, and are also subject to the Federal Motor Carriers Safety Administration (FMCSA) rules.

Expediency is of utmost importance when cleaning up a spill. Our lawyers act quickly to guide clients on applicable regulations in relevant jurisdictions.  Our office locations throughout the United States enable us to be on the scene and in the courts quickly wherever needed.

 

 

 

ATTORNEY NAME POSITION OFFICE
Co-Managing Partner - Chicago Office
Co-Chair, Financial Services Practice Group
Chicago, Illinois
Co-Managing Partner - Florida Office
Co-Chair, Financial Services Practice Group
Fort Lauderdale, Florida
Co-Managing Partner – Chicago Office
Co-Chair, Financial Services Practice Group
Chicago, Illinois
Attorney Chicago, Illinois
Partner Chicago, Illinois
Partner &
Co-Chair, Insurance Coverage & Litigation Practice Group
New York, New York
Super Lawyers Martindale Hubbel AV Preeminent Law 360