ENVIRONMENTAL LAW

The Environmental Law group of Moss & Barnett is prepared to respond to all client needs in the area of environmental law and regulation. Our attorneys assist clients with the assessment of environmental issues and liabilities in mergers and acquisitions, as well as in real estate transactions. We are also involved with litigation related to contaminated property. Moss & Barnett attorneys have extensive experience in both the public and private law sectors, including broad experience in dealing with regulations and permitting matters involving air quality, water quality, and solid and hazardous waste management.

We have represented clients in enforcement and permitting proceedings before federal agencies, including the U.S. Environmental Protection Agency, OSHA, the U.S. Department of Transportation, as well as the gamut of state and local environmental agencies. In 2004, our law firm successfully defended a local business owner against a pollution claim brought by the State of Minnesota that resulted in recovery of all attorneys’ fees incurred by our client and recognition as "Lawsuit of the Year" by Minnesota Law & Politics.

Moss & Barnett serves as outside environmental counsel to corporations with operations throughout the United States. We also help clients develop environmental management and auditing programs designed to address compliance and permitting issues. We represent clients in all areas of the environmental practice including:

Phase I environmental site assessments
Site remediation through State voluntary cleanup programs
Mergers and acquisitions due diligence
Administrative permitting and enforcement proceedings
Responses to agency requests for information
Regulatory reviews
Rulemaking proceedings
Environmental, health and safety audits
Real estate due diligence
Superfund cost recovery litigation
Potentially responsible party common counsel representation
Defense and prosecution of citizen suits
Insurance coverage disputes
Contaminated property litigation
Defense of environmental crimes

Attorneys in this Area

Joseph G. Maternowski (Chair)

News Headlines

News

Environment

[05/14] US lists polar bear as threatened species
[05/14] Study: Sea wall sinking around Jefferson Memorial

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Case Summaries

Environmental Law

[05/14] Ctr. for Biological Diversity v. Rey
In a suit challenging a decision by the United States Forest Service to permit logging in accordance with certain changes made in 2004 by the USFS in the relevant forest, denial of a preliminary injunction against the USFS is reversed and three projects preliminarily enjoined where the district court abused its discretion in: 1) concluding that the USFS complied with NEPA's requirement to "[r]igorously explore and objectively evaluate all reasonable alternatives" with regard to a Supplemental Environmental Impact Statement (SEIS); and 2) in its balancing of equities.

[05/13] Beazer E., Inc. v. Mead Corp.
In an on-going contribution claim against defendant under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), wherein the district court denied defendant's motion to dismiss for failure to state a claim and certified the question of whether certain caselaw precedent limited subject-matter jurisdiction over plaintiff's contribution claims under section 113(f)(1), the circuit court finds that: 1) the "civil action" requirement in section 113(f) is an element of the claim, and is not jurisdictional; 2) the district court retained its original jurisdiction to adjudicate the issues in this case; and 3) defendant waived its challenge to the applicability of section 113(f)(1).