Environmental Law

All Things Green

Providing practical solutions for today's, tomorrow's and yesterday's environmental problems is the goal of Baker & Daniels' environmental lawyers. From helping to permit a new facility to litigating old legacy sites, our professionals have the experience to guide clients through this often complex area. We have the knowledge and expertise to understand the technical problems and help identify solutions. While traditional environmental practices focus on air, water or hazardous waste, Baker & Daniels helps you evaluate the risks and determine the right strategy no matter what medium is involved.

If you are considering investing in a biofuels business in the Midwest, we have the background to assist you in all aspects of your business — from locating a site to environmental permitting issues, whether the biofuel is ethanol, biodiesel or even a more proprietary fuel. We help clients in many aspects of their business and environmental issues as they look for greener alternatives to traditional fuel sources.

Baker & Daniels lawyers handle complicated real estate transactions involving environmental contamination and remediation issues. Representing buyers and sellers, our professionals help clients negotiate their way through legal, regulatory and general environmental barriers. We assist in the closing of transactions and addressing of contamination issues using a variety of legal, regulatory and other tools.

Whether it is bringing new technologies to the marketplace, negotiating carbon offsets by building renewable energy producers in China or analyzing the specific tax consequences of a single change to current practice, the experienced lawyers and consultants at Baker & Daniels bring the resources to help clients reach their objectives.

Baker & Daniels lawyers address cutting edge legal and regulatory issues relating to the capture and storage of carbon, which is being considered more and more across the nation. Legal issues surrounding this complicated technique must be carefully considered, and Baker & Daniels professionals assist clients in this regard.

If you have an issue that involves the regulation of a chemical, seed, crop or "waste," Baker & Daniels lawyers can help you navigate through the process. Our professionals advise clients on chemical regulations involving a variety of complex national and international matters, including:

• Chemical inventory on the importing of genetically modified crops in various countries, including the United States, Europe, Japan and China;

• Regulations on the importation of "wastes" into the U.S.;

• Registering products under the Federal Insecticide Fungicide and Rodenticide Act or obtaining data compensation from other companies using their data for registration purposes under the Act; and

• High production volume testing requirements under the Toxic Substances Control Act and analysis on whether an adverse effect must be reported under the Significant New Use rules under that statute.

Baker & Daniels professionals defend clients in enforcement actions initiated by federal, state and local government. These actions cover the entire spectrum of environmental law, including cases brought under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, and Community Right to Know Act. We have represented clients alleged to have:

• Constructed or operated new or expanded facilities without having first obtained all necessary permits;

• Discharged pollutants in excess of the amounts allowed by their water or air permits;

• Failed to notify the agency of their exceedences;

• Operated hazardous waste treatment, storage or disposal facilities or solid waste disposal facilities without permits or in violation of applicable laws or regulations;

• Violated the Clean Water Act by bypassing the city wastewater treatment plant during periods of heavy rainfall;

• Violated landfill regulations;

• Violated land application permit regulations for wastewater sludge; and

• Violated the Clean Water Act by filling in a wetland during drain reconstruction.

With the expansion of environmental liabilities as a result of CERCLA and other laws, disputes over available insurance coverage for such liabilities have spawned major litigation nationwide. Baker & Daniels lawyers have substantial experience in advising and litigating complex environmental insurance coverage issues for insureds. We typically represent insureds, seeking a determination that the insurance company has an obligation to defend the environmental claim and pay the costs incurred in connection with the claim.

Baker & Daniels lawyers advise clients on the new federal and regional initiatives requiring companies to report and regulate the emissions of green house gases (GHG) from their operations. Bold new programs to control GHGs are being suggested by Congress, and we help keep you informed and ready to meet the challenges of the pending regulatory schemes.

More and more clients are considering LEED certification for buildings they are building, leasing or acquiring. With a national trend of LEED certification becoming more popular, it is increasingly important to recognize the legal protections and considerations that surround decisions involving LEED certification buildings. Baker & Daniels lawyers guide clients in properly considering the ramifications of LEED certification and addressing legal considerations accordingly.

Once only a research phenomenon, today many manufacturing processes are using nanotechnology. Baker & Daniels lawyers are experienced in helping clients bring the research to commercial development in a safe and secure manner with appropriate protection for the intellectual property. We understand that the existing statutory and regulatory framework did not contemplate nanotechnology, and we assist manufacturers in ensuring that their products meet the intent of the potentially applicable regulatory programs.

With the advent of global supply chains, there are also significant risks to be managed. Whether the issue involves finding a substitute chemical for a food product, helping a company ensure that its supplier in China meets the specifications (and does not add any unexpected substances to the product) or advising clients on new requirements from the U.S. Consumer Product Safety Commission, we can help you with all product safety issues.

Baker & Daniels professionals represent start-up renewable energy providers, leading energy producers and distributors, clean technology venture capital, construction firms addressing green building regulations, logistics and transportation businesses, energy alliances and research facilities, as well as a broad array of manufacturers, suppliers and retailers.

Enforcement of federal and state regulations controlling stormwater runoff from construction sites and industrial operations is ramping up. Baker & Daniels lawyers advise clients on whether they need a permit for their operations and how to avoid enforcement through innovative, low impact measures to slow down or minimize stormwater impacts.

Sustainability

No longer just the concept of a few, sustainability has become the driving force for many corporations, universities and even sporting events. As you set your sustainability goals, Baker & Daniels professionals can help you set measurable, yet achievable goals that will ensure that we continue to sustain our planet with only minor changes in our daily lives. As social corporate responsibility leaves the boardroom and is implemented across an organization, we assist in establishing a process that meets these corporate goals.

Wetlands 404/401 Permits

Finding out your property contains a wetland or other development barrier can cause time delays and complication. Baker & Daniels lawyers have worked through complicated transactions for clients involving the need for permits, such as Clean Water Act Section 404 permits from the U.S. Army Corps of Engineers and Indiana Department of Environmental Management Section 401 water quality certifications. Baker & Daniels professionals assist clients navigating through these legal and regulatory programs using our experience and understanding of such programs.