Environmental risks are one of the leading challenges that businesses face. Massive liability can be triggered through mere ownership of real estate that has been contaminated by prior owners. Failure to follow environmental regulatory requirements can impose civil and criminal liability on managers and corporations alike. Successful redevelopment of real estate can be hampered through fear of unknown risks.
Services Offered:
Real Estate
For clients involved in developing real estate, our lawyers have found that it is important to properly assess and describe the environmental risk posed by a given site. We can assist in making sure that Phase I and II environmental audits comply with current standards and, at the same time, are properly designed to maximize the discovery of possible environmental problems even if that means going beyond the commonly accepted minimum requirements. Our lawyers are also experienced in weighing the information obtained through environmental audits and clearly describing the actual risk to potential buyers and lenders posed by a given site.
Mergers and Acquisitions
Clients faced with environmental challenges when attempting to purchase or sell existing industrial and commercial properties turn to BrownWinick for counsel. Our attorneys provide assistance in facing the unique challenges that can be posed by historical practices on existing sites. We can assist with negotiating purchase agreements and merger terms that maximize shareholder value even on sites impacted by contaminates. Our attorneys are also experienced dealing with lenders and investors that are concerned with possible environmental risk in order to prevent known or unknown environmental issues from barring reasonable lender and investor participation.
Regulated Industries
Regulated companies face unique challenges with air and water permit issues, audits, superfund investigations, and spill responses. Our attorneys can help those companies navigate through the regulatory maze and the many agencies that regulate modern industry. We have represented clients before EPA Regional offices, the U.S. Fish and Wildlife Service, the U.S. Department of Agriculture, Food and Drug Administration, U.S. Department of Transportation, U.S. Coast Guard, U.S. Army Corps of Engineers and multiple state and local agencies, including the Iowa Department of Natural Resources, the Iowa Department of Agriculture and the Mines and Minerals Bureau. BrownWinick assists clients with the following issues:
- Water Quality and NPDES permits
- Air Quality and Title V, PSD, and synthetic minor air permits
- RCRA
- CERCLA/Superfund liability
- Agricultural Chemicals and Fertilizers
- Industrial Chemicals
- Solid Waste
- Petroleum
- Right to Know
- Brownfields
- Environmental Audits
- Recycling and Reclamation
- Waste Water Discharge
- Sham Permitting and Co-location PSD issues
Agricultural Industries
Increasingly, our agricultural clients are faced with third party and governmental claims, nuisance claims, and air and water permitting challenges formerly associated with traditional manufacturers. BrownWinick assists those clients with all environmental related issues they may face.
Financial
Lenders and financial institutions are frequently faced with challenging decisions when faced with debtors who are involved in environmentally sensitive matters. BrownWinick's attorneys help those clients take such challenges.
Securities and BioFuels
Our environmental attorneys have extensive experience working closely with BrownWinick's Renewable Fuels practice group on dozens of projects involving environmental issues arising from the need for accurate and timely securities disclosures. These tasks include site assessments, air emissions, co-location and support facility determinations, PSD and Title V determinations, Brownfields redevelopment, water source permitting, and NPDES permitting.
Litigation
BrownWinick's environmental attorneys have provided legal representation to clients on environmental matters at all levels of litigation, whether at the administrative, district court, or appellate levels. Our attorneys are experienced in working with experts on complex scientific issues and in researching and arguing difficult legal environmental regulations and laws. We represent clients on environmental matters before the Iowa Department of Natural Resources, the Department of Agriculture, Region VII of the Environmental Protection Agency, and other agencies.
Representative Cases
Blue Chip Enterprises, et. al. v. State, Dept. of Natural Resources
528 N.W.2d 619 (Iowa 1995)
Successfully defended Chicago and Northwestern Railroad Company against a claim that it should conduct a remediation caused by the Rock Island Railroad. The Court ruled that Iowa will not follow the federal practice of expanding environmental liability beyond contamination shown to have been caused by that party.
Monroe Branstad v. State of Iowa, Natural Resources Commission and the Iowa Department of Natural Resources
Ruling on Petition for Judicial Review, Hancock County (CVCV019081)
Successfully argued that the IDNR's fish kill counting methodology violates Iowa law. On April 8, 2015, the Iowa Court of Appeals awarded Monroe ("Monte") Branstad the attorney fees of attorney James Pray in the amount of $71,000 and an additional amount to be decided on remand for appellate fees. Monte Branstad was deemed to be the prevailing party in his appeal against a fish-kill assessment levied against him by the Iowa Department of Natural Resources. Iowa law allows parties who prevail against state agencies to be awarded attorney fees if the case meets certain conditions, including a finding that the government's action was not supported by substantial evidence. This serves to protect parties who must hire lawyers to defend themselves from illegal governmental actions.
United Farmers Coop v. Aventis CropScience USA
Lyon County, Iowa District Court
Prosecuted claim against Aventis CropScience for contaminating a grain elevator's inventory with genetically modified "Starlink" corn.
Fortune 100 company
Coordinated the environmental assessment and investigation for the construction of a headquarters for a Fortune 100 company in a downtown redevelopment area.
Casino and Resort Hotel
Managed environmental assessment and redevelopment issues for a casino and resort hotel in a redevelopment area.
North Carolina Factory
Handled the environmental assessment for the purchase of an east coast factory by an Iowa-based manufacturer.
Wisecup v. AMI Environmental and Engineering, et. al.
Successfully represented AMI against claims that AMI was negligent in conducting mold remediation work in the plaintiffs' home.
* Past results are reported to provide the reader with an indication of the type of litigation in which we practice and do not and should not be construed to create an expectation of result in any other case as all cases are dependent upon their own unique fact situation and applicable law.
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