Practices
Environmental

Environmental

Virtually all companies in all industry sectors are faced with myriad of federal, state and local laws and regulations related to environmental, health and safety (EHS) matters. Shipman’s multidisciplinary environmental team advises clients on not only existing EHS requirements, but also industry standards, and emerging developments with respect to environmental legislation, regulation, policy, and management on a national, regional and local level.

Our environmental practice has been recognized consistently by Chambers & Partners USA, the nation’s preeminent guide to law firms and individual attorneys. According to Chambers USA, "Shipman is unique in that it has regional knowledge and partners who have worked on a national and international level.” Several of our environmental lawyers have advanced degrees in the sciences, have clerked for state and federal courts and/or have worked for state EHS regulatory agencies/legislative offices and many have been selected as Super Lawyers®, a national rating service designating lawyers who have achieved a high degree of peer recognition and professional development.

Our national and regional clientele includes manufacturers, developers, lending institutions, educational institutions, healthcare entities, insurance companies, energy companies, and private clients. Our level of service and sophistication of clients across substantive and geographical areas distinguishes us from other firms.

We advise clients on the full range of EHS and energy matters in the business, transactional, regulatory compliance and litigation (administrative, civil and criminal) context. Our clients have required assistance on significant environmental matters in dozens of states and we have recently handled environmental matters for clients nationally in Arizona, California, Colorado, Connecticut, Florida, Georgia, Illinois, Massachusetts, Minnesota, Missouri, New Jersey, New Hampshire, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, Texas, Washington, West Virginia and Wisconsin and in Toronto, Canada.

Per- and polyfluoroalkyl substances (PFAS) are a group of human-made chemicals that encompass ~4,000 different compounds, many around since the 1940s. PFAS are found in commonly encountered products, including non-stick coatings, waterproof fabrics, firefighting foams, car wash soaps/waxes, floor waxes, architectural resins, cosmetics and other consumer products.

Environmental

International Battery Stewardship Regulatory Compliance

Advised a global consumer products company on the regulatory framework governing batteries embedded in electronic vapor products across the European Union and the United States. Partnered with EU counsel for a comprehensive analysis of the EU Battery Regulation, including obligations related to extended producer responsibility, battery removability and replaceability mandates, labeling requirements, and supply chain due diligence. Simultaneously mapped the rapidly evolving U.S. battery stewardship landscape across nearly 30 U.S. jurisdictions, identifying which enacted and proposed laws apply to products with non-removable embedded batteries. Prepared a comparative legal memorandum addressing key compliance differences between the EU and U.S. regimes, including scope of coverage, producer definitions, EPR registration requirements, and enforcement mechanisms. Assessed strategic implications for the client's product design and market access, including the viability of upstream supplier compliance as a basis for regulatory exemption in certain U.S. jurisdictions. Provided forward-looking guidance on legislative trends and recommended a compliance monitoring framework to maintain uninterrupted market access across all covered markets.

Advised Commercial Property Owner in Connection with Response to Release of PFAS-containing Aqueous Film Forming Foam (AFFF) From Exterior Fire Suppression System

We counseled a commercial property owner in connection with its response to a PFAS-containing release of Aqueous Film Forming Foam (AFFF) from a helipad fire suppression system due to a mechanical malfunction. As part of our involvement, we advised the client with respect to applicable (and evolving) state and federal environmental reporting and remediation requirements, insurance coverage issues and forward-looking risk management strategies. Our engagement involved coordinating with the client’s third-party spill response/cleanup team, state regulators and the client’s inhouse environmental, legal and engineering departments.

Advising Regional Airport Operator Regarding Potential Historical PFAS Contamination

As part of its obligations under a long-term lease and management agreement, we are advising an airport operator in connection with potential historical PFAS contamination from on-site firefighting training. Our advice includes evaluating current and future federal and state PFAS requirements, developing a strategic investigation/due diligence approach, evaluating potential remediation and mitigation/risk management options (including environmental insurance) and negotiating the allocation of responsibilities and liabilities among various parties.

Addressing HVAC dust and particulate concerns at commercial warehouse

Assisted a food and beverage provider in responding to an OSHA inquiry based on employee complaints about indoor air quality concerns posed by dust and particulate levels in a large warehouse space. We assisted in developing a scope of work for a vendor to replace and/or clean parts and minimize potential hazards for building occupants.

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Environmental litigation

Resolved Cost Recovery Claim for Environmental Remediation

Life Sciences Technology Firm

Asserted a claim against a major pharmaceutical company that previously owned our client’s property that under the Transfer Act, the company was responsible for the clean-up of a large quantity of contaminated soil.

Defended CERCLA Action Regarding Former Ball Bearing Factory

Big-5 Auto Maker

Federal court action brought by the current property owner alleging claims under CERCLA, RCRA, state statutes and common law.

Defended CERCLA Action by a Competitor at a Superfund Site

Merriam Manufacturing Company

Defended a manufacturing company at trial in a federal court action by a competitor at a Superfund site.

Defeated Negligence Claim against Environmental Consulting Firm over Lead Paint in Auctioned Property

Dames & Moore, Inc.

Obtained summary judgment for an environmental consulting firm on a claim that it negligently misrepresented the extent of lead paint present in a multi-family residential building sold at auction. The Hartford Superior Court found that the company owed no duty to the plaintiff who purchased the property at the auction because the firm’s contract was only with the asset management company that sold the property. Morris v. Dames & Moore, Inc., 1997 WL 255081 (May 2, 1997).

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General

Assist Multi-Family Residential Developer Client in Connection with Agency-Requested PFAS Sampling

We represent a real estate development company in connection with the financing, environmental due diligence and remediation and redevelopment of various multi-family residential development projects in Connecticut and Massachusetts. Our representation includes negotiating the environmental provisions of the Purchase and Sale Agreements, advising on the application for a Flood Management Certificate, managing the design and implementation of dedicated environmental insurance coverage as well as navigating RCRA, state brownfield program and CT Transfer Act environmental investigation/remediation obligations. We also counsel the client in connection with its response to a multi-agency request to perform PFAS sampling in connection with the private and public financing of a development. We work closely with the client’s environmental consultant to prepare and implement an investigation and sampling plan and coordinate with the private/public lenders and DEEP to address PFAS concerns.

Assisting a Multinational Specialty Chemicals Manufacturer Evaluate and Manage PFAS Risks Associated with Site Remediation and Wastewater Management

We are assisting a multinational specialty chemicals manufacturer assess and manage various PFAS risks, including on- and off-site soil and groundwater remediation, wastewater discharges/permitting, hazardous waste generation and transitioning the facility’s stationary and mobile fire suppression systems away from PFAS-containing aqueous film forming foam (AFFF).