ENVIRONMENTAL REGULATORY, DUE DILIGENCE AND LITIGATION
Barber Law Firm’s Environmental Regulatory, Due Diligence and Litigation Practice Group assists our clients with issues under the environmental and natural resource laws that affect their businesses. We assist them in transactions, defend them in enforcement actions, represent them in administrative appeals and other litigation, help them understand and comply with regulatory requirements, support them as they prepare for and respond to emergencies, craft approaches for their legacy cleanup issues, and develop solutions for their product regulation, market access, and environmental policy challenges. Our client-focused, problem-solving approach has led major national companies in a variety of industry segments, as well as municipalities, to turn to us with their most challenging environmental issues. Our focus on fitting service to our clients’ specific needs has also led much smaller organizations facing less daunting environmental challenges to trust us to resolve their issues in a cost-effective manner.
We work in many industries with a diverse group of clients, some of which include:
- Major oil companies and refineries
- Industrial manufacturers and suppliers
- Chemical manufacturers and suppliers
- Agriculture, farm animal and timber production and processing
- Pipeline owners and operators
- Municipalities and wastewater utilities
- Energy and mining businesses
- Property owners and real estate developers
- Solid and hazardous waste management facilities
- E-waste and universal waste recyclers
- Industry associations and coalitions
Recent Litigation Experience
- AJ&K Operating Company v. Grover Smith, 355 Ark. 510, 140 S.W.3d 475, (2008). Obtained preliminary injunction on behalf of oil producers to stop landowner interference with remediation.
- Ingersoll-Rand Company v. El Dorado Chemical Company, 373 Ark. 226, 283 S.W.3d 191 (2008). Obtained $9.8 million judgment related to negligent repairs at a chemical manufacturing facility, affirmed on appeal.
- In re El Dorado Joint Pipeline Group Permits, Arkansas Pollution Control and Ecology Commission, Docket No. 07-006-P (Order No. 9, 2008); affirmed, State of Louisiana, et al v Joint Pipeline Group, 373 S.W.2d 292 (2010). Obtained dismissal of appeal by Louisiana, et al. of NPDES wastewater permits for four party joint wastewater pipeline.
- Hempstead County Hunting Club v. Southwestern Electric Power Company, 645 F.3d 978 (8th Cir. 2011). Obtained preliminary injunction to stop construction of electric generating facility for violations of environmental statutes, affirmed on appeal.
- Bolen v Washington County and Big Red Dirt Farm, LLC, 2011 Ark. App. 319 (2011). Obtained dismissal of an appeal of a conditional use permit authorizing open cut mining and quarry operation in Washington County, Arkansas
- Ouachita Riverkeeper v. Corps of Engineers, 938 F.Supp.2d (2013). Obtained dismissal of appeal of Section 404 (wetland) permit.
- In re Acme Brick, Arkansas Pollution Control and Ecology Commission, Docket No. 09-014-P (Order No. 5, 2010). Obtained reversal of objectionable Air Permit conditions (state air toxics).
- In re El Dorado Chemical Company, Arkansas Pollution Control and Ecology Commission, Docket No. 13-008-P (Order No. 5, 2014). Obtained reversal of objectionable Air Permit conditions (Prevention of Significant Deterioration/Best Available Control Technology).
Our attorneys have published articles on environmental, natural resource and energy issues and are regular presenters on environmental topics from the state level to the international level. They also have a regular presence in the environmental law categories of Best Lawyers in America, Chambers USA and Mid-South Super Lawyers. A member of our environmental practice group is a Fellow of the American College of Environmental Lawyers and a board member and past president of the Arkansas Environmental Federation.