ENVIRONMENTAL LITIGATION

Dworken & Bernstein’s environmental practice focuses on the representation of individuals, developers, and other business entities seeking common sense solutions to a variety of environmental issues. The administrative agencies enforcing environmental regulations have enormous power to regulate you and your business.  Our team works with federal, state and local regulators to obtain creative cost effective solutions, allowing you to get back to business as usual.

Dworken & Bernstein’s environmental attorneys have experience with respect to permits, compliance and litigation respective to the following:

  • The Clean Water Act
  • The Clean Air Act
  • The Resource Conservation and Recovery Act (RCRA)
  • The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or “Superfund”)
  • The Emergency Planning and Community Right to Know Act (EPCRA)
  • The Safe Drinking Water Act (SDWA)
  • Ohio’s Voluntary Action Program (VAP)
  • Wetland Permitting and Mitigation
  • Solid Waste Disposal, Open Dumping and Landfills
  • Hazardous and Non-Hazardous Waste Management
  • Site Assessments, Corrective Action and Closure Plans
  • Supplemental Environmental Projects (SEPs)
  • Bureau of Underground Storage Tank Regulations (BUSTR)
  • Underground Injection Controls
  • Section 401 Water Quality Certifications and Wastewater Pollution Controls
  • National Pollutant Discharge Elimination System (NPDES)
  • Ohio EPA’s Storm Water Program
  • Ohio EPA’s Beneficial Use Program
  • Toxic Inheritances

Dworken & Bernstein provides compliance counseling under all the federal and state statutes, and has successfully negotiated consent agreements with agency officials prior to enforcement actions being brought against our clients. When negotiation is not successful, our attorneys represent clients in the administrative process before the state regulatory boards and on appeal in court. We provide legal advice with regard to taking preventative measures to avoid expensive litigation. Our greatest strength is creating a partnership with our clients to ensure they attain their goals and avoid protracted litigation.

Environmental litigation is daunting.  Regulators have seemingly unlimited budgets, and the regulations they enforce authorize draconian penalties.  Dworken & Bernstein’s experience helps you level this uneven playing field.   Our goal is to avoid litigation when possible, but when the instances where that could not be achieved our team has provided superior representation in all phases of environmental litigation in federal and state courts and before administrative boards. We have successfully defended state and federal enforcement actions and in the course of doing so created precedent setting results for our clients. 

When you or your company are faced with an environmental liability, contact Dworken & Bernstein and put our experience to work for you. 

Responsive, Proficient and Highly Accomplished

Entrust Our Team of Seasoned Attorneys to Skillfully Represent your Business in Any Legal Matter

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