Environmental Regulatory Law

The energy industry faces significant regulatory scrutiny in the environmental arena. With the knowledge and understanding that comes only from working within the energy industry for many years, Beatty & Wozniak, P.C. has a strong environmental practice tailored to the needs of the industry.

We have advised clients on the entire range of environmental compliance, ranging from initial permitting and NEPA project approval to compliance with key federal environmental laws and their state counterparts.

Air Quality Regulations

We understand the nuances of state and federal air quality regulations and help obtain favorable agency interpretations of disputed or ambiguous requirements. We use our deep experience in oil and gas operations to identify the key hurdles clients must clear to operate in compliance with evolving regulatory standards.

Our attorneys have advised clients on:

  • Air permits for upstream and midstream facilities
  • Regulation of storage tanks, fugitive emissions, and engines
  • Emerging requirements for Class II injection wells and produced water facilities
  • Responding to outages, emergencies, and exceedance of permit limits
  • Local government regulations
  • Clean Air Act reporting
  • Regional Haze “Best Available Retrofit Technology” standards for power plants
  • Regulation of methane emissions from coal mines
  • NEPA reviews of GHG and criteria pollutant emissions from planned oil and gas developments

Compliance & Enforcement

Our team is well versed in compliance and enforcement matters, including a former environmental prosecutor and regulatory policy chief. We advise on all aspects of compliance with state and federal environmental laws, including:

  • Compliance audits
  • State and federal enforcement actions
  • Government agency information requests
  • Voluntary self-disclosures

Endangered Species & Wildlife

Wildlife present challenges to business operations including timing constraints and increased permit and operational expenses. Our team routinely advises clients on project planning, management, and permitting to minimize delay and costs associated with wildlife and sensitive habitats. Our experience includes:

  • Endangered Species Act permits
  • Migratory Bird Treaty Act permits
  • Strategic planning
  • Liability and risk management
  • Voluntary conservation programs

Environmental Due Diligence

The acquisition and divestment of commercial property and other assets present risk of environmental and contractual liability. Our attorneys provide strategic and targeted guidance to minimize risk and maximize opportunity and incentives. We help with:

  • Due diligence strategy
  • Environmental disclosures
  • Site assessments
  • Indemnification clauses and agreements
  • New owner audits
  • Federal and state incentives for new owners

Water Quality Regulations

From development through operations, energy projects and operations have the potential to impact water. We can help permit your project and assist with any compliance issue that may arise during the life of your operation. Our experience includes:

  • Spill response and reporting
  • State and federal Clean Water Act permits
    • Discharge permits
    • Section 404 permits
  • Produced water permitting, reuse, and recycling
  • Enforcement defense

Rulemaking

Beatty & Wozniak, P.C. represents the energy sector in critical rulemakings that impact how industry operates. In the face of aggressive initiatives by government agencies, we have influenced policy makers to preserve flexibility, reduce compliance costs, and alter regulatory language to provide headroom for operators to conduct their business. We interact with agency staff, industry partners, and reputable environmental advocates as appropriate to optimize results.

The rulemaking dockets our attorneys have appeared in include:

  • Oil and gas GHG regulations
  • Air quality monitoring and LDAR inspections
  • Pneumatic controller standards
  • The Colorado Oil and Gas Commission “Mission Change”
  • State ozone rules
  • EPA’s oil and gas New Source Performance Standards

Pipelines & Hazardous Materials Transportation

The regulatory oversight and public opposition to pipelines and hazardous materials transportation is increasing. Our team has significant experience in all aspects of pipeline regulation and compliance. Our work includes:

  • State and federal permitting
  • PHMSA compliance
  • Public utilities
  • Environmental group litigation

Brownfields

Our attorneys guide clients through all aspects of Brownfields transactions and redevelopment including:

  • Environmental due diligence
  • Underground storage tanks
  • Voluntary Cleanup Programs
  • Environmental covenants

Contact Us To Speak With An Environmental Law Attorney

Call our offices at 303-407-4499 or contact us by email to arrange an opportunity to discuss your environmental legal matter with an attorney.