Environmental Law

Virtually any land use project has aspects and issues governed by environmental laws. The Land Use group has significant experience with environmental issues implicated in a land use project.

The team counts one SuperLawyer, one Top Lawyer and two Rising Stars among its members. One has substantial experience with environmental regulation and has advised businesses on compliance issues. All have experience dealing with DEP and other regulatory agencies that function in the application and enforcement of environmental laws.

Most basic is Act 537 Planning under the Sewage Facilities Act, which is administered by the Pennsylvania Department of Environmental Protection (DEP). A working knowledge of this process is vital to the success of a land use project. Identifying issues early is key to maintaining a project on schedule and on budget.

The Land Use group experience includes:

  • Brownfields development; A brownfields site is a piece of land that has experienced some environmental contamination. A site characterization and clean-up plan must be approved by DEP, but this work is often done in conjunction with the land use applications and a knowledge of the administrative process is important to making certain that the property will be given an Act 2 clearance to permit its reuse.
  • National Pollution Discharge Elimination System (NPDES) permits, which is a federal program. The pace of regulation under NPDES has increased and knowledge of the permitting process and pitfalls is needed for most land use approvals.
  • Appeals and applications to the Environmental Hearing Board. The Land Use group is familiar with the processes and procedures of this Board and has had experience appearing before it both on behalf of the appellant and defending a land use project from an appeal by a third party.
  • All aspects of Act 537 planning, including securing resolutions for plan revisions from the local municipality, which is often the first step in the process. It is not unusual for the land use applicant to become caught between DEP and the local municipality. We can assist clients in navigating such situations by maintaining productive relationships with both DEP and the municipality.
  • Environmental Hearing Board appeals of notices of violation issued by DEP. We are aware of the issues, the process, and the solutions. As in other areas, we are able to interface efficiently with environmental consultants to provide complete, competent and efficient representation.

We welcome the opportunity to serve you in your Environmental-related matters.

 

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West Chester

17 W. Miner St.

West Chester, PA

19382-3213

610.436.0100

Kennett Square

211 East State St.

Kennett Square, PA

19348-3111

610.444.3180

Delaware Office

5721 Kennett Pike

Centreville, DE

19807-1311

302.654.4454