Federal Environmental Challenges

  • Overview
  • Attorneys

Kutak Rock is nationally recognized for our expertise in environmental matters related to current or former federally–owned or leased land and facilities. Our attorneys have significant experience applying the numerous and complex federal and state environmental laws to the acquisition, disposal and operation of private and federal land and facilities including:

  • counseling clients on the liability implications of CERCLA and environmental indemnification provisions,
  • negotiating environmental insurance instruments and other risk allocation mechanisms,
  • reviewing National Environmental Policy Act (NEPA) processes and documents for accuracy, consistency with federal actions, and litigation risk avoidance
  • negotiating for optimum federal facility cleanup and minimum land use restrictions.

Our firm works extensively in the application of environmental law for governmental, which encompasses all aspects of environmental counseling, permitting, environmental remediation, due diligence, liability allocation, regulatory compliance and approval. Our experience and success with NEPA and other environmental law issues unique to federal and local actions is extensive. We advise federal agencies and other clients, public and private, regarding administrative, judicial and political options, and strategies in environmental matters and are familiar with and have access to regulatory entities.

Our national team of lawyers has negotiated significant pollution liability insurance policies, with coverage including traditional environmental contaminants as well as unique military components. Our negotiations with state and federal environmental regulators have resulted in agreements limiting the purview of land use controls as components of environmental remedies and early transfer of contaminated property. Environmental notices and obligations included in the quitclaim deeds and leases provided by the federal government are sensitive matters requiring careful evaluation with respect to environmental risk allocation and implications for reuse and marketability. We have negotiated many such documents, working with clients, prospective developers, federal agencies, and lenders to ensure that the highest and best use possible is not unnecessarily hindered by environmental constraints.