Gibson~Gruenert has represented a variety of manufacturing and energy industry clients in a wide range of environmental engagements. The firmís attorneys have represented clients in administrative proceedings before regulatory agencies, in civil litigation, in Superfund cases, and in a substantial array of transactions. The firmís environmental practice includes the following capabilities:
Representation of PRPís in Superfund Cases:
Representation of potentially responsible parties and PRP committees in state and Federal Superfund cases. The firmís attorneys have represented individual clients and/or committees in connection with the Gulf Coast Vacuum Superfund Site, the Odessa Drum Superfund Site, the Brio Superfund Site, and a variety of smaller cost recovery actions arising under state law in Texas and Louisiana.
Environmental Issues Related to M&A Transactions:
Representation of buyers and sellers in mergers and acquisitions conducting environmental due diligence at the corporate and agency levels, field inspections, monitoring lawsuits and administrative proceedings and documenting environmental issues. An example of such engagements was the firmís service as special counsel for environmental matters in Louisiana Land & Explorationís acquisition of Nerco Oil & Gas. A more recent example was the firmís coordination of environmental due diligence in the purchase of the assets and real estate of Beaird Industries, Inc.- a very large industrial facility in Shreveport- by Beaird Company, Ltd.
Environmental Due Diligence in Loan Transactions:
Representation of borrowers and lenders in complex loan transactions that include environmentally sensitive collateral. The firm has represented oil and gas producers, refiners, pipeline operators and heavy industry in a wide range of loan transactions, in which environmental due diligence and the allocation of environmental risks were fundamentally important. Defense of Civil Litigation: the firm has represented gasoline retailers in UPST lawsuits, pipeliners in NORM exposure cases, refiners in Clean Air Act cases, landowners in environmental trespass cases and industrial clients in a variety of Clean Water Act cases.
Wetlands Auditing, Compliance and Permitting:
The firm traditionally has represented a number of landowners and oil and gas operators whose facilities and operations present significant wetlands issues. The firm has coordinated Section 404 permitting, and has handled the defense of wetlands related administrative proceedings.
The firmís attorneys have coordinated the due diligence in a variety of real property transactions in which wetlands issues were prominent.
Defense of Enforcement Actions:
The firm has represented a variety of industrial and energy related clients in connection with administrative enforcement actions, including claims for violations of the Clean Water Act, the Clean Air Act and CERCLA. We are familiar with the state administrative agencies in Texas and Louisiana, as well as the local law enforcement community in Houston and Lafayette. We have represented a number of corporate executives faced with possible legal liability or criminal sanction for alleged environmental crimes, and have not had a single client indicted as of this writing.