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Other Environmental Counsel and Assistance

Birch, Becker & Moorman provides other types of environmental counsel and assistance on a wide range of issues.

Strategy Development – BBM assists clients in understanding regulatory requirements and helping to plan new operations that comply with environmental laws while minimizing regulatory burdens.

Contested Case Hearings – BBM provides representation to clients in administrative hearings involving permit applications, enforcement proceedings, and challenges in opposition to proposed facilities. Attorneys with BBM are experienced in administrative contested case hearings held before administrative law judges with the State Office of Administrative Hearings (SOAH).

Recycling – Assistance is provided in managing the sometimes complex recycling standards under state and federal law. BBM's attorneys are experienced with recycling requirements for municipal solid waste, hazardous waste, waste and used oils, composting operations, bio-fuels, metals, and other types of recycling operations.

Environmental Audits – Assistance is offered in conducting due diligence transactional audits, compliance audits, and self-evaluative audits. Environmental audits are conducted under the attorney-client and attorney work product privileges and under state and federal audit laws and policies. BBM attorneys are experienced with the immunity from penalties and discovery privileges provided under the Texas Environmental, Health & Safety Audit Privilege Act and work with each client and its technical staff or outside environmental consultants to provide audit assistance or turn-key environmental audits as needed.

Rule Adoption and Policy Issues –BBM attorneys assist clients by evaluating the potential applicability and effects of existing and newly proposed regulatory requirements. BBM attorneys participate as stakeholders or as otherwise necessary to advance clients' interests in managing the impacts of proposed rule adoptions. BBM has filed petitions to initiate rulemakings where existing regulations unfairly impacted a client's business or failed to take into account unique aspects of a client's operation.

Petroleum Storage Tanks (PST) Regulation – Assistance is provided to owners and operators concerning registration, regulatory interpretation, and other issues involving underground and aboveground storage tanks. BBM attorneys are experienced with the reporting and cleanup requirements for spills from tanks regulated under the PST program.

4705 Spicewood Springs Road, Suite 200 • Austin, Texas 78759 • 512.349.9300 • F: 512.349.9303