Environmental, Energy & Land Use

Our Environmental, Energy & Land Use Law Practice Group is a full service environmental team

All members of the practice group manage assignments in a wide range of areas of Environmental, Natural Resources, Land Use, Planning, and Green Energy Laws, and each member also concentrates in specific sub-areas of each field of the law.  Among some of the major industry segments we serve are real estate development, agriculture, banking, manufacturing, cement, pharmaceuticals, electronics, petroleum, waste management, telecommunications, recycling, and utilities.  We draw on our experience with these industries, and the unique environmental issues they present, to respond promptly, creatively and effectively to our clients' needs. Our familiarity with the operation of these businesses and our constant work with the various municipal, Commonwealth and Federal agencies enable us to keep clients abreast of regulatory trends.

Our attorneys frequently advise clients concerning strategies to avoid or minimize environmental risks and liabilities, including those associated with acquisitions, mergers, property transfers and other transactions; lender liability; and the derivative liabilities of parent corporations and other related organizations, shareholders and successors. Clients also count on us for counseling on environmental responsibilities, as well as on risk reduction and methods for adequately allocating and implementing compliance costs that arise out of the ever-growing maze of environmental regulatory requirements, from such major statutes as, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), Clean Water Act (CWA), Resources Conservation and Recovery Act (RCRA), and the Clean Air Act (CAA).

The team also provides assistance and support in a wide array of Commonwealth and Federal environmental permitting activities in connection with industrial site developments, waste and recycling facilities, major modifications or expansions of existing facilities and large-scale residential and commercial developments, hotels, marinas and coastal related or dependent projects, as well as day-to-day operational permits.

We believe that there are no real winners in litigation and formal conflicts with agencies and private parties, but when conflicts cannot be avoided, our attorneys have a track record of achieving favorable results using effective litigation techniques, environmental negotiation, and alternative dispute resolution (ADR). Our team also works very closely with in-house counsel and management, and are very attentive to compliance with external counsel guidelines and instructions.

Our practice group members provide advice and handle work assignments in the following areas, among others:

  • Due Diligence and Transactional Support
  • (Phase I & II ESA, Environmental Risk Allocation and Special Agreements)
  • Air Quality Permits and Compliance (including Title V)
  • Environmental Review Process (EIS, EA, Categorical Exclusions)
  • Clean Water Act, Stormwater Discharges, and Industrial Discharge Permits
  • Pretreatment and Aqueduct & Sewer (PRASA) Connection & Service Issues
  • Hazardous (RCRA) & Non-Hazardous Wastes, Recycling & Pollution Prevention
  • Landfill Compliance, Waste Collection, Landfill & Transfer Station Agreements
  • EPCRA & Superfund, Spill Response & Reporting, Oil Pollution Control Act
  • Soil Extraction, Dredging / Erosion & Sedimentation Regulation & Permits
  • DNER Water Extraction Rights and Franchises, Coastal and Maritime-Terrestrial Zone Issues
  • Public Lands & Natural Resources (Forests & Natural Reserves), Conservation Easements
  • Fish & Wildlife, Endangered Species
  • U.S. Army Corps of Engineer Permits (Wetlands, Section 10 permits, Section 404 permits, Nationwide Permits)
  • Aboveground and Underground Storage Tank Permits and Compliance
  • Fire Prevention Code (NFPA)
  • Noise Pollution Control
  • Environmental Health & Safe Drinking Water
  • Public Service Commission Authorizations and Franchises
  • DOT Hazardous Material Transportation
  • Civil & Administrative Actions (USEPA, USACE, USCG, PR DNER, PR EQB, PRASA, OGP, U.S. DOJ, PR SWMA, and other government agencies)
  • Telecommunication Tower and Antenna Siting
  • Green Energy Projects (green Energy Fund proposals under Tier I & II programs, certification of renewable energy equipment for installation, sale and distribution in PR as per OGP Regs, PPOA transactions, etc.)
  • Joint Regulation for Permits for Construction Projects and Land Use
  • Legislative & Rulemaking Affairs and Proceedings
  • PR National Park Company Concessions
  • Fuels - Regulations & Standards

TCM takes pride in the fact that some of our Environmental Law practitioners have been in-state consultants for various Lexis/Nexis-Mathew Bender publications, which shows the competence, knowledge and dedication of the members.  TCM is the author of the Puerto Rico Chapters of the following publications: (1) The Environmental Law Practice Guide, LEXIS, Puerto Rico Chapter 81 (Volume 8); and (2) Brownfields Law and Practice, The Cleanup and Redevelopment of Contaminated Land, Mathew Bender, Puerto Rico Chapter.

Practice Group Members: