Attorney Consultations

Attorneys in private practice often have clients who are facing unique and unusual situations where specialized environmental expertise is needed. Counsel for companies of all sizes must address complex environmental issues that raise liability concerns.

In his role as Outside Environmental Counsel, environmental attorney Joseph Maternowski provides service as counsel or co-counsel to other attorneys in private practice whose clients face challenging environmental issues.

Representation as Outside Environmental Counsel.

Mr. Maternowski provides advice on substantive matters relating to water quality, stormwater, air quality, soil vapor, groundwater, hazardous waste, solid waste, Superfund and Brownfield cleanup matters. As outside environmental counsel Mr. Maternowski works in close collaboration with attorneys, their clients and other client representatives, including Environmental Health and Safety Managers, Risk Managers and Real Property or Real Estate Managers.

Experienced in All Aspects of Environmental Law.

With over thirty years experience as an environmental lawyer - initially in public service in the Minnesota Attorney General's Office and later in private practice - Mr. Maternowski has provided In House Counsel and companies with representation on a range of environmental matters including:

Assisting With Responses To Federal and State Agencies

  • Representing clients before U.S. Environmental Protection Agency (EPA) and state environmental agency investigations and enforcement and permitting actions;

  • Consulting on state and federal permitting and enforcement matters;

  • Responding to federal and state agency demands and Requests for Information;

  • Developing responses to Notices of Violation and Alleged Violations Letters;

  • Responding to federal and state enforcement matters including negotiating civil penalties and/or corrective actions are sought; and

  • Asserting data practice or privacy protections on information submitted to federal and state agencies.
  • Advising on Business and Real Estate Transactions

  • Reviewing environmental due diligence and assistance to parties in limiting liability in mergers, acquisitions and the purchase of real estate;

  • Evaluating the environmental condition of real property including review of Phase I Environmental Site Assessments and follow up investigations;

  • Providing opinions and risk assessments;

  • Assisting on the allocation of liability and responsibility for environmental conditions that affect property, and

  • Evaluating and drafting environmental related terms in mergers, acquisitions, and real estate transactions.
  • Providing Specialized Legal Services

  • Transferring permits to new operating entities;

  • Providing advice as to reporting obligations under federal and state environmental laws;

  • Handling or advising clients on litigation involving contaminated property;

  • Assisting with regulatory compliance audits, seeking available audit protections and developing environmental management programs to detect and correct violations;

  • Preparing access agreements and addressing investigations on off-site property;

  • Drafting notices to employees or neighbors who may be affected by environmental issues;

  • Helping with site investigation and cleanup through federal and state Brownfield programs,

  • Obtaining available liability assurances; and

  • Evaluating insurance coverage and insurance products that may serve to provide coverage on environmental claims.
  • Trusted Advisor and Counsel.

    Mr. Maternowski, who is viewed by clients as a trusted legal adviser, assists and advises counsel on a variety of environmental matters. He provides advice to counsel and their clients on matters in Minnesota, the Upper Midwest and across the country. In this role, Mr. Maternowski responds to questions, reviews notice letters and reports (including Phase I Environmental Site Assessments), provides opinions and advice, works closely with company managers, interacts with government agencies on behalf of clients and counsel, serves as counsel or co-counsel on litigation and represents clients in all types of federal and state permit and enforcement proceedings.

    Mr. Maternowski was recently asked by Minnesota's leading CLE provider to teach a series of CLE sessions informing business and real estate lawyers of environmental requirements and how environmental issues impact the practice of law.

    Please see the disclaimer at the bottom of this page that relates to limitations on this blog and to legal advice. Thanks to associate Joseph Reutiman for his assistance in preparing this blog. Finally, for information on environmental covenants and how a covenant may affect property, please contact:

    Joseph G. Maternowski

    Hessian & McKasy, PA

    T: (612) 746-5754

    [i] Alabama, Delaware, District of Columbia, Georgia, Hawaii, Idaho, Illinois, Iowa, Kentucky, Maine, Maryland, Minnesota, Mississippi, Missouri, Nebraska, Nevada, Ohio, Oklahoma, Pennsylvania, South Dakota, U.S. Virgin Islands, Utah, Virginia, Washington, West Virginia