Kean Miller represents many of the nation’s leading companies in a wide variety of state and federal environmental matters. The environmental team represents clients in water issues, air permitting and Title V compliance; release reporting; RCRA/HSWA issues, TSCA; TMDLs, OPA; SPCC; RECAP (state remediation program); DNR oilfield waste remediation programs; Corps of Engineers dredging and wetland matters; stratospheric ozone regulation; underground injection well issues; compliance audits; advice on environmental management systems; and due diligence for mergers and acquisitions. We frequently defend clients in state and federal enforcement actions. We have extensive experience in Superfund issues, RCRA, and the remediation of all types of hazardous and non-hazardous waste. We are frequently involved in mass tort and class action litigation arising out of Superfund cases and environmental releases.

We have developed particular expertise in management of complex remediation under state and federal programs; implementation of RECAP; New Source Review; Title V; acid rain; FIFRA issues; UIC issues; BIF and Combustor MACT; risk assessments; natural resource damages; TMDL litigation; defense of criminal enforcement actions; audits; regulatory development; and State Police HAZMAT matters.

We have a particular dedication to helping companies perform due diligence associated with environmental issues in contracts, complex settlement agreements, financial responsibility mechanisms, and in legislative development.

Representative Experience

• Louisiana state and federal environmental counsel for a Liquified Natural Gas (LNG) regasification receiving terminal in Cameron Parish, Louisiana. The facility will process 2.6 billion cubic feet per day.
  
  
• General counsel to the Louisiana Chemical Association (LCA) in connection with development of the initial RECAP rules and proposed revisions to those rules. In addition, we have represented the LCA in rulemaking and litigation on the development of the Louisiana Ambient Water Quality Standards; development of an implementation policy for application of water quality standards; TMDLs; air issues; hazardous waste issues; agency administrative practice/procedure issues; and state environmental legislation development.
  
  
• Representation of a manufacturer in the remediation of its wood treatment site in Shreveport, Louisiana under RECAP.
  
  
• Representation of a refinery in the remediation of its site in Shreveport, Louisiana.
  
  
• Representation of a pipeline company on a regional basis regarding the remediation of PCBs.
  
  
• Representation of a pipeline company in the remediation of mercury from manometers.
  
  
• Successfully obtained air and water permits for a large energy company for a greenfield merchant power plant in Lincoln Parish, Louisiana. This matter involved significant opposition from local community. Kean Miller attorneys provided legal assistance with environmental regulatory issues as well as with other non-environmental permits.
  
  
• Successfully obtained air and water permits for power generator for a greenfield merchant power plant (co-generation) in Ascension Parish, Louisiana. Kean Miller provided legal assistance with environmental regulatory issues as well as for other non-environmental permits.
  
  
• Successfully obtained air permits for an expansion of a major Louisiana paper mill. This matter involved significant opposition from the North Baton Rouge Environmental Association and the Louisiana Environmental Action Network (“LEAN”) both of whom were represented by the Tulane Environmental Law Clinic. After issuance of the permit in 2001, the permit was challenged in the 19th Judicial District Court. The permit was upheld by the district court after a hearing and rehearing. Kean Miller provided legal assistance in acquiring the permits and defending the litigation.
  
  
• Successfully obtained air permit and water permit modification for a global chemical producer for the addition of a new Polyolefins production unit to existing facility in Louisiana. The permits were opposed by the North Baton Rouge Environmental Association and LEAN. The permits were subsequently upheld by the 19th Judicial District Court, the Louisiana First Circuit Court of Appeals and the Louisiana Supreme Court. Kean Miller provided legal services for environmental issues, including defense of the permit decisions. Kean Miller business lawyers provided legal assistance for contractual and property matters, including servitudes and other issues.
  
  
• Successfully obtained permit revisions for air and water permits to allow a metal recycling firm to recycle hazardous waste. Kean Miller is currently representing the facility in obtaining a final hazardous waste permit.
  
  
• Successfully obtained temporary authorization under RCRA for a commercial hazardous waste facility to burn napalm shipped to Louisiana from a United States Navy site in California. There was significant local opposition from local citizens, businesses and local politicians. A lawsuit was filed in United States District Court to enjoin DEQ from issuing the temporary permit. Kean Miller represented the facility in connection with the permit and was successful in obtaining dismissal of the lawsuit.
  
  
• Representation of numerous facilities with respect to hazardous waste (RCRA) permit issuance and modification.
  
  
• Representation of numerous facilities with respect to air permit and water permit issuance and modification.
  
  
• Representation of an energy company in connection with PCB remediation projects throughout the state of Louisiana.
  
  
• Representation of a Louisiana port with respect to Corps of Engineers permitting of a channel dredging project in and in obtaining summary judgment dismissing a citizen litigation on the permit.
  
  
• Representation of a consulting firm in assistance with preparing an environmental impact statement for the Corps of Engineers for a major waterway project in the state of Mississippi.
  
  
• Representation of a regional chemical company in issues arising from a nitrogen tetraoxide leak and in the ensuing class action litigation.
  
  
• Successfully represented an international paint and sealer producer in reclassifying a waste stream as a non-regulated by-product rather than a waste.
  
  
• Represented a large chemical company in its acquisition of a chemical facility in Calcasieu Parish, including due diligence auditing and assistance in drafting and negotiating purchase and service agreements.
  
  
• Representation of three Baton Rouge chemical manufacturers in proceedings with EPA and DEQ in establishing site specific water quality standards for Monte Sano Bayou.
  
  
• Representation of the Louisiana ammonia producers group in rulemaking development regarding the state’s air toxic program.
  
  
• Representation of a multi-national chemical and aggregates producer in toxic tort litigation, PCB/TSCA, RCRA/HSWA permitting, including permitting of a BIF regulated under both RCRA and TSCA, and general compliance matters.
  
  
• Conducting training classes for plant personnel at several facilities in: release reporting; triggers for New Source Review or air permitting requirements associated with turnarounds and construction projects; preparing for environmental criminal investigations; and compliance with stratospheric ozone rules.

• Assistance concerning release reporting requirements
• Defense of citizen suits
• Defense of federal and state "Superfund" cases, including generator task force representation
• Defense of state and federal enforcement actions
• Preparation of state and federal permit applications, including Title V operating permits, PSD, RCRA, NPDES/LWDPS and TSCA
• Administrative proceedings and litigation regarding permit matters
• Review of waste disposal contracts and consultant contracts
• Legal compliance environmental "auditing"
• Assistance concerning state law requirements for oilfield wastes, saltwater injection and NORM
• Defense of toxic tort actions
• Participation in and challenges to state and federal rulemaking
• Advice and preparation of environmental assessments concerning facility siting requirements
• Advice and agency interface concerning groundwater/subsurface remediation
• Underground storage tank issues
• Assistance to industries concerning ozone nonattainment under SIP
• Advice, contract assistance, and permit transfer assistance in connection with mergers and acquisitions
• Preparation of community relations plans and presentations for public hearings
• State Police release reporting issues
• Defense in criminal enforcement actions
• Assistance concerning pipeline regulatory issues