Capabilities
Environmental

Infrastructure, Environmental Review and Permitting

The Trump Administration has signaled a renewed focus on updating the nation's aging transportation and energy infrastructure. Arnold & Porter helps public and private entities investing in major infrastructure projects to navigate through the thicket of applicable environmental laws and administrative processes in virtually every sector--including energy, power generation, transportation, commercial development, real estate, environmental infrastructure and brownfields development.

Our team draws on decades of experience in leadership positions in key federal and state agencies to plan for, secure, and defend environmental permits. We perform environmental and land use due diligence and counseling, advise on associated risks and environmental impact review processes, and assist with structuring environmental provisions of corporate asset and real property transactions. Knowing what will work, and what won't, allows us be innovative and efficient in devising comprehensive strategies to see projects through from beginning to end, and to produce results that withstand legal challenge.

We have a well-established reputation for our work under both federal and state environmental review regimes (e.g., NEPA, SEQRA and CEQA), as well as all environmental review and permitting requirements, including those relating to:

  • Section 404 of the Clean Water Act, including wetlands mitigation and banking
  • Clean Air Act
  • Endangered Species Act
  • Migratory Bird Treaty Act
  • National Historic Preservation Act
  • Native American tribal consultation, treaty rights, and jurisdiction
  • Federal Energy Regulatory Commission

In addition, our environmental litigators help to defend against and effectively resolve any potential enforcement actions.

Our work on behalf of clients has brought us before the wide array of state and federal regulatory authorities—EPA, the Forest Service, the US Fish & Wildlife Service, the Bureau of Land Management, the Department of Energy, the US Army Corps of Engineers, the National Marine Fisheries Service, the Bureau of Indian Affairs, the California Air Resources Board, and state and regional water boards, to name a few.

Perspectives

Tribal Treaty Rights Now Driving Environmental Law Developments (pdf)
Environmental Law Institute (www.eli.org)
Environmental Protection in Indian Country: The Fundamentals (pdf)
Environmental Law Reporter
Uncertainty About Hydrologically Connected Groundwater Has Implications in New York (pdf)
New York Law Journal, Volume 258, No. 52
Survey of 2016 Cases Under New York State Environmental Quality Review Act (pdf)
New York Law Journal, Volume 258, No. 08
New York's New Sea Level Rise Projections Will Affect Land Use, Infrastructure (pdf)
New York Law Journal, Volume 257, No. 45
Overview

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