Environmental

Duncan, Weinberg, Genzer & Pembroke has traditionally represented many of its utility and municipal clients in environmental matters. DWGP's broad experience in environmental issues enables it to provide clients with a full range of environmental services, from litigation of environmental matters to the development of long-term compliance strategies.

The environmental practice group's experience includes counseling regarding environmental compliance, acquisition of state and federal permits, negotiation of consent orders, representation of clients before Congress, state and federal agencies, and environmental litigation before administrative agencies and the courts.

Duncan, Weinberg, Genzer & Pembroke's environmental services include:

• consultation on compliance with the Clean Air Act, including sulfur dioxide and nitrogen oxide requirements and emission allowance options
• analysis of Environmental Impact Assessments at the federal and state levels
• advice on hazardous and solid waste issues
• permitting for wetlands and analysis of other Clean Water Act issues
• analysis of legal issues associated with electric and magnetic fields

Duncan, Weinberg, Genzer & Pembroke's attorneys have familiarity not only with the substantive environmental issues faced by utilities and municipalities, but also with the unique public relations and political challenges that public entities face. The Firm draws on the experience of several attorneys with significant background in this area for responding to each client's needs.

Relevant Experience

• Counsel clients on compliance with the Clean Air Act, including strategies to comply with the Clean Power Plan, National Ambient Air Quality Standards, New Source Performance Standards, National Emissions Standards for Hazardous Air Pollutants and Reciprocating Internal Combustion Engines rules;
  
  • Coordinated a dialogue among the National Association of State Energy Officials, National Association of Clean Air Agencies, and National Association of Regulatory Utility Commissioners on EPA’s proposed Clean Power Plan, which culminated in a set of principles sent to EPA, to ensure that any Carbon Performance Standards sufficiently give States flexibility in assessing energy modeling, developing compliance plans, allowing consideration of energy efficiency options, and recognizing regional differences in load profile, generation mix and economic capacities.
  • Assisted the Navajo Tribal Utility Authority in seeking concessions on the EPA’s proposed Clean Power Plan based on that client’s unique situation,
  • Prepared formal comments for various public power and consumer-owned electric utilities, and others, on EPA’s proposed rules implementing the Clean Air Act.
  • Helped clients negotiate renewals of Title V air operating permits with the relevant state agency, which involved working with consultants to account for the technical modeling required to obtain such permit.
• Counsel clients on compliance with the Clean Water Act, including navigating the Section 401 water quality certifications process and obtaining Section 404 dredge or fill permits;
  
  • Assisted the Navajo Tribal Utility Authority in reviewing the impacts associated with EPA’s June 29, 2015 Clean Water Rule, which revises the scope of waters protected under the Clean Water Act.
  • Assisted numerous hydropower developers in complying with Clean Water Act requirements as they arise in FERC licensing processes.
• Guide clients through the National Environmental Policy Act (NEPA) process, including preparation of Environmental Impact Statements (EIS)
  
  • Update clients on new developments that impact the NEPA review process, including the Council on Environmental Quality’s December 2014 guidance directing agencies to take climate change impacts into account during NEPA reviews.
• Assist clients in navigating state NEPA counterparts, such as the California Environmental Quality Act and the New York State Environmental Quality Review Act, including assessing environmental impacts and developing strategies to achieve compliance with such requirements.
• Assist clients in all phases of environmental reviews including environmental assessments.
• Regularly advise clients on proposed and newly-enacted federal and state legislation in the environmental area.
• Advise clients on solid and hazardous waste management issues.