In-house counsel often face unique and unusual situations where specialized environmental expertise is needed. Environmental attorney Joseph Maternowski regularly provides service and assistance to corporate or in-house counsel in situations involving complex environment issues.
Outside Environmental Counsel Representation
As outside environmental counsel, Joseph Maternowski provides advice on substantive matters relating to federal and state environmental laws and regulations, including water quality, stormwater, air quality, soil vapor, groundwater, hazardous waste, solid waste, wetlands, underground storage tanks, Superfund and Brownfield cleanup matters. Joseph Maternowski works in close collaboration with in-house counsel and related corporate representatives, including environmental health and safety managers, risk managers and real estate managers, as well as third parties such as environmental consultants.
Experienced in All Aspects of Environmental Law
With over 35 years of experience as an environmental lawyer – initially in public service with the Minnesota Attorney General’s Office and later in private practice at several law firms – Joseph 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, enforcement and permitting actions.
- 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 demands for civil penalties and/or corrective actions.
- Asserting data practice or privacy protections on confidential business information submitted to federal and state agencies.
- Developing environmental audit and environmental management systems to detect and prevent violations and, when appropriate, to report and manage spills or noncompliance.
- Prepare audit report submissions under federal and state audit programs.
Providing Advice 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 Phase II investigations.
- Providing opinions and risk assessments.
- Assist with obtaining liability assurances and protections to address potential liability under federal and state Superfund laws.
- Assisting on the allocation of liability and responsibility for environmental conditions that affect property.
- Evaluating and drafting environmental related terms in mergers, acquisitions, and real estate transactions.
Providing Specialized Legal Services
- When there is a change in ownership and control, transferring permits to new operating entities.
- Providing advice as to reporting obligations under federal and state environmental laws.
- Instituting cost recovery actions.
- Handling or advising clients on litigation involving contaminated property.
- Preparing access agreements and addressing investigations on off-site property.
- Drafting notices to employees or neighbors who may be affected by environmental issues.
- Helping fund site investigation and cleanup through federal and state Brownfield programs.
- Evaluating insurance claims and insurance products that may serve to provide coverage on environmental claims.
Trusted Advisor and Counsel
Joseph 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, 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.
Joseph Maternowski was recently asked by Minnesota’s leading CLE provider to teach a series of on-demand CLE sessions informing business and real estate lawyers of environmental requirements and how environmental issues impact the practice of law. Links to the course registrations and Powerpoint course materials for the sessions – “Environmental Law Basics for the Business and Real Estate Practitioner,” entitled “Environmental Due Diligence: Soil Vapor Intrusion,” “Complying With Environmental Laws,” and “Due Diligence and Compliance – Responding to a Spill” can be found here and on the Hessian & McKasy Environmental Law Presentations and Resources page.
Please see the disclaimer at the bottom of this page that relates to limitations on this blog and to legal advice. If you have questions about the topics covered in the webcasts or related matters, please contact attorney Joseph Maternowski:
Joseph G. Maternowski
Hessian & McKasy, PA
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