FAQ

What exactly is environmental law?

Environmental laws include federal, state and local laws and regulations that are designed to protect the environment and public health. Businesses who handle hazardous wastes, emit pollutants to the air and water, who store petroleum and other substances in tanks all are subject to environmental statutes and regulations. In many cases to open a new operation, a business may be required to obtain environmental permits. Once a business is operating, it needs to maintain compliance with permit terms and statutes and regulations that apply to those operations. Environmental lawyers advise businesses on their compliance obligations, assess liability in business and real estate transactions and represent parties in Court and before administrative agencies. For further information as to how environmental laws affect businesses, please see the Attorney Tab at Federal Regulations That Affect Businesses and Regulated Parties below.

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When should an environmental law attorney be hired?

If your business has been inspected or has received a notice from the federal, state and local environmental agencies you should consider retaining an environmental lawyer. Environmental laws are complex, vary from state-to-state, and require extensive knowledge and expertise to navigate. The lawyers at Hessian & McKasy's Environmental Practice Group work with businesses and their counsel to address environmental liability concerns. We represent businesses ranging in size from Fortune 500 companies to medium and small businesses. We provide advice as to environmental conditions that exist on property and investigation and cleanup of those conditions. To avoid or minimize liability property needs to be assessed to ensure liability concerns have been properly addressed. Parties who purchase industrial or commercial property without conducting due diligence may be liable for existing contamination. It is prudent to address prior concerns prior to purchasing the property. For additional information on the types of environmental law matters we assist with, please see the descriptions on the Practice Area Tab.

What type of cases can you NOT handle?

We primarily represent businesses. We also represent units of local government who face compliance and related issues. In most cases we do not represent individual property owners, employees or other persons who may have environmental claims. We do not handle cases where individuals have been exposed to chemicals in their workplace or through consumption of contaminated groundwater in a residential setting.

Where are you qualified to service?

The attorneys at Hessian & McKasy, PA primarily serve clients in Minnesota and other states in the Upper Midwest. We also work on matters across the country in different jurisdictions. We assist clients in responding to the U.S. Environmental Protection Agency ("EPA") on permitting, enforcement and regulatory matters before state and local environmental agencies. We appear before administrative agencies in Minnesota including the Minnesota Pollution Control Agency ("MPCA") and in many states. We are admitted to practice in Minnesota and federal courts.