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Environmental Law

The firm offers assistance to industrial, municipal, governmental, institutional and commercial entities in all areas of environmental law. Erich Birch has represented entities on issues ranging from rule adoption to permitting to compliance evaluation and, when necessary, through enforcement. On critical environmental decisions he works with clients to develop and evaluate strategy options and potential consequences before taking action. He is experienced in contested case matters and is available to help clients through processes that require public meetings or public hearings.

In addition to handling individual client matters Erich also has experience in building coalitions between parties with common interests and seeking common goals. These efforts are most particularly helpful in proposed regulatory actions that will potentially impact many parties, or in some adversarial forums, e.g., federal or state Superfund actions, where parties could benefit from consensus efforts rather than retreating to a self-centered defense.

The following is a listing of environmental areas serviced by the firm. Please click on an area for a brief discussion of the services offered.

Air Quality

Waste Management

Petroleum Storage Tanks

Water Quality

Environmental Audits

Rule Adoption and Policy Issues

Special Assistance

Air Quality: Permits - the firm works with clients and engineering consultants on a variety of permitting issues including, new source review, revisions, exemptions, standard permits, construction permits, Title V, nonattainment, prevention of significant deterioration (PSD), and related matters.; Nonattainment and State Implementation Plan (SIP) activity - assistance to municipalities, counties, industry and other parties interested in proposed plans to reestablish compliance with federal ambient air quality standards, or seeking to participate by pursuing creative alternatives to proposed plans.; Compliance - assistance and counsel to entities seeking to determine compliance through self-evaluative audits, or as necessary to respond to agency enforcement actions.; Prior experience has included work with gas and coal-fired electric utilities, bulk storage and loading operations, rock & concrete crushers, solid waste landfills, paint facilities, incinerators, cement plants, cities, counties, industry groups, coalitions of parties, etc.
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Waste Management: Industrial & Hazardous Waste - the firm is prepared to assist in all areas of waste management, including securing of new permits, amendments and modifications of permits for facilities that generate, transport, dispose and otherwise management waste.; Municipal Solid Waste - assistance provided in permitting and compliance issues concerning waste disposal, transport, transfer, incineration and other municipal waste management activities.; Superfund - representation and counsel provided to Potentially Responsible Parties (PRPs) and others involved in Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) actions.; Waste Classification - assistance in evaluation and regulatory interpretation of Class 1, Class 2, Class 3 or Hazardous waste identifications.; Voluntary Cleanup Program (VCP) and Innocent Owner Program (IOP) - assistance to owners of contaminated property interested in preserving or restoring property value.; Remediation - counsel and representation concerning the Texas Risk Reduction Program (TRRP) rules and response actions to historical and accidental releases of regulated substances.; Compliance - assistance and counsel to entities seeking to determine compliance through self-evaluative audits, or as necessary to respond to agency enforcement actions.; Prior experience has included work with property owners, Superfund PRPs, municipal solid waste operators, hazardous waste treatment facilities, electric utilities, cities and commercial entities.
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Water Quality: Permits - wastewater and stormwater discharge permit application counsel and assistance during the preparation of applications and negotiations with regulatory agencies.; Compliance - assistance and counsel to entities seeking to determine compliance through self-evaluative audits, or as necessary to respond to agency enforcement actions.; Prior experience has included work with utilities, cities and commercial entities.
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Petroleum Storage Tanks: Regulation - assistance provided to owners and operators concerning registration, regulatory interpretation, and other issues involving underground and aboveground storage tanks.; Remediation - counsel and representation concerning responses to historical and accidental releases of regulated substances, including responses conducted under the Texas Risk Reduction Program (TRRP).; Compliance - assistance and counsel to entities seeking to determine compliance through self-evaluative audits, or as necessary to respond to agency enforcement actions.; Prior experience has included work with land owners and PST facility operators.
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Environmental Audits

Audits - assistance is offered in conducting due diligence transactional audits, compliance audits, and self-evaluation audits.

Audit Act - audits are conducted under the attorney client and attorney work product privileges, and based on the client needs, under the state environmental audit act and the EPA audit policy. When in the best interest of the client the firm works with engineering consultants to provide technical review and support while also providing compliance counsel under available privileges.

Prior experience has included work with property owners, utilities and cities.

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