At Davis Graham & Stubbs LLP, our Environmental and
Public Lands Practice Group excels in providing unparalleled expertise in the
intricate landscape of the Resource Conservation and Recovery Act (RCRA) and
equivalent state hazardous and solid waste management programs.
Our seasoned attorneys possess a profound understanding
of RCRA and its state counterparts, derived from years of hands-on experience
navigating the complexities of hazardous and solid waste regulations. This
knowledge extends beyond mere compliance; it informs our proactive approach to
helping clients establish robust waste management practices.
We have considerable experience in the regulation of
hazardous wastes generated in the oil and gas, mining, and manufacturing
industries regulated under the Resource Conservation and Recovery Act (RCRA).
We are intimately familiar with the scope and limitations of the “E&P” and
“Bevill” exemptions under RCRA and the “petroleum exclusion” under CERCLA.
Our lawyers practicing in this area have counseled major
oil and gas, mining, and manufacturing clients on the intricacies of compliance
with solid and hazardous waste laws and regulations at their facilities across
the U.S. and have worked with federal and state regulators, including EPA,
state solid and hazardous waste divisions, and oil and gas commissions, in
negotiating the outcome of sites where these materials have come to be located.
Our team is adept at developing
tailored compliance strategies that align with the nuanced requirements of RCRA
and state hazardous waste management programs. Whether it is guiding clients
through permitting processes or assisting in the classification of hazardous
waste, we ensure that our clients are equipped with proactive measures to
prevent legal challenges.
If enforcement actions or RCRA citizen suits occur, our
attorneys have a proven history of successfully defending clients against
regulatory scrutiny and adverse claims. From negotiating settlements to
contesting penalties, we leverage our expertise to protect our client’s
interests and minimize the impact of enforcement actions.
Beyond compliance, our attorneys actively assist clients
in proactively implementing waste minimization and recycling initiatives.
Recognizing that state hazardous and solid waste management programs can vary
significantly, our attorneys are well-versed in the nuances of each
jurisdiction. Whether it is Colorado’s Hazardous Waste Management Act or
equivalent programs in other states, we tailor our strategies to address the
specific regulatory landscape our clients operate within.