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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

[03/12] Chinese zoo blamed for death of 11 Siberian tigers
[03/12] Lawmakers probe lax enforcement of animal rules

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Case Summaries

Environmental Law

[03/10] Milwaukee Metro. Sewerage Dist. v. American Int'l Specilaty Lines Ins. Co.
In a sewerage district's suit for damages against an environmental liability insurer for denying coverage for costs incurred by the district in removing significant pollution on land it recently purchased, district court's judgment is reversed and remanded as the district court's finding that there was clear and convincing proof that a prior agreement existed between the insurance company and the sewerage district that the parcel would be covered property was clearly erroneous. Therefore, defendant is entitled to judgment on the sewerage district's reformation claim and, as a consequence, judgment in favor of defendant on its indemnity claim is vacated.

[03/09] Native Ecosystems Council v. Tidwell
In an action challenging the Forest Service's approval of a project to update grazing allotments in the Beaverhead-Deerlodge National Forest, summary judgment for defendant is reversed where: 1) because the Forest Service's environmental assessment was based on a nonexistent management indicator species, its habitat proxy analysis was not reliable; and 2) the Forest Service failed to take the requisite "hard look" at the project as required by the National Environmental Policy Act.