Environmental

Our clients lead the largest and most complex deals in the world and require environmental counsel that moves as fast as they do. We serve as that counsel for hundreds of deals a year. As a pioneering practice at the intersection of environmental risk and corporate transactions, we wrote the playbook on creative deal-speed environmental advising, employing a deep understanding of market terms and trends, an innovative dexterity with environmental risk mitigation tools, and an unwavering commitment to our clients’ goals—closing the deal and safeguarding the investment. Our seasoned team thrives on the challenge of understanding and communicating intricate and multifaceted environmental risks and swiftly evaluating and implementing options for managing those risks, including transaction structure, indemnities, insurance and governmental liability protections. As one of the first—and the largest—environmental transactional practice groups in the United States, we have more than 20 environmental transactional professionals who bring to the table decades of collective experience. We efficiently draw upon our extensive network of consultants and local and specialist counsel, as needed, to lead environmental due diligence on businesses all over the world. Our experienced and powerful team can handle any transaction, no matter the jurisdiction, the complexity of the environmental issues or the size or speed of the deal.

The high-stakes world of environmental litigation requires not just a thorough grounding in law, but in science. Our lawyers, including many with technical degrees in the sciences, possess the rigorous training, knowledge and experience to master the complex details of a dispute and plot a clear strategy.

Our litigators prepare cases with a trial-ready philosophy, putting opponents and their counsel on notice that we are ready, willing and able to go to trial, which allows us to drive the case to the best outcome for our clients. With the benefit of our vast trial experience, our clients can make assertive litigation decisions with confidence.

Clients have turned to us for nearly every type of environmental dispute, including litigation over contaminated property, mass torts, insurance and indemnity issues and Superfund regulation. We are experienced in regulatory enforcement litigation, with a strong bench of former federal and state government officials. Our attorneys have appeared before federal and state courts and agencies in every part of the country, in all U.S. Courts of Appeals and before the U.S. Supreme Court. Our strong network of attorneys and consultants gives our clients an additional resource to bolster their case.

Despite our acknowledged reputation in litigation, our lawyers approach each matter as a unique, compelling challenge. With our innovative, entrepreneurial thinking, we are committed to working with our clients to develop the optimal approach to their litigation issues.

Environmental regulation is constantly changing, growingly complex and increasingly impactful for more businesses and more sectors. Given this dynamic, an effective regulatory posture requires the ability to quickly respond to near-term issues and thoughtfully anticipate long-term implications. We help our clients do both.

Drawing on extensive government and private sector experience, we advise clients on how to navigate the potential environmental issues they may face—avoiding blind spots and availing opportunities. We know how different regulators approach established industries and emerging technologies, the challenges of multi-agency and multi-jurisdictional regulatory frameworks, and the mechanics of stakeholder and expert engagement in agency decision making.

From assessing the regulatory outlook for a new investment, to addressing compliance and enforcement issues arising from existing operations, we have experience counselling over the life-cycle of clients’ businesses. We can assist clients in connection with major rulemakings and product approvals, permitting and siting, enforcement and correcting compliance issues. We have experience across jurisdictions, environmental statutes and regulators on issues related to air emissions, water discharge, hazardous wastes, hazardous chemicals and toxic substances. We help clients develop a strategic and sound approach that can be implemented efficiently and effectively—while protecting both the business and the environment.

When environmental compliance issues turn into investigations and, most seriously, enforcement proceedings, we understand the enormity of the stakes. The threat of a major enforcement action, with the resulting bad publicity and other collateral consequences, can cripple a company and possibly threaten its existence. We regularly defend clients in these highly sensitive matters and have a track record of protecting our clients’ reputation and value.

Clients turn to us for civil and criminal enforcement matters involving the Environmental Protection Agency and the Department of Justice, as well as state regulators. We offer a deep bench of former federal and state regulators who apply valuable insights into the regulatory process and mindset. Our technical knowledge, immersion in the facts and confidence in our trial capabilities puts our clients in a strong bargaining position. We have persuaded prosecutors not to bring charges in circumstances where clients retained us after the government advised them of its intent to file indictments.

We represent clients in civil, criminal and administrative environmental proceedings, including government enforcement actions, Superfund and insurance coverage cases, contract and indemnity claims, toxic tort suits, and challenges to federal and state rulemakings.

Unchecked, the fallout from an environmental crisis can spread rapidly, fueled by news stories, social media posts, and community and consumer backlash. In an era when evolving chemistries and production processes are posing new pollution and exposure risks, and intensifying natural disasters such as hurricanes and wildfires are exposing critical facilities to more frequent and acute hazards, our Environmental Crisis Response and Prevention Practice Group distinguishes itself in its ability to assist clients not only with responding to and recovering from environmental crises, but also planning for and preventing future crises.

We have helped clients navigate complex environmental risks in thousands of corporate transactions, and through this experience we have developed a unique ability to spot vulnerabilities before they become a liability and to effectively employ strategies for reducing those vulnerabilities. Additionally, through our decades of experience handling complex, high-profile environmental enforcement and litigation matters, we have developed a suite of powerful internal communication and public relations tools that complement our robust legal defense strategies.

Drawing on our extensive network of technical experts, we partner with our clients to develop and implement industry- and business-specific playbooks for planning for and preventing environmental crises. And when a crisis does occur, our experienced attorneys are available to deploy immediately to help our clients swiftly and effectively manage the environmental response, coordinate communications with key stakeholders, and address any ensuing claims or governmental enforcement.

Counseling clients at the intersection of bankruptcy and environmental law raises a unique set of challenges. There are often unresolved environmental obligations, legacy contaminated properties, limited resources, governmental scrutiny and at times, litigious counterparties. Kirkland’s experienced environmental team is committed to helping clients through the bankruptcy process with our savvy strategic advice, deep knowledge of the interplay between bankruptcy and environmental law, and a keen understanding of the business objectives of our clients.

Our environmental restructuring practice is a hybrid of enforcement, regulatory, transactional and litigation work. We support the entire bankruptcy process from pre-bankruptcy planning through emergence or liquidation, including pre-petition planning, evaluation of environmental liabilities, strategic enforcement and litigation advice, claim resolution, and negotiation of settlement and sale agreements.

Our team of seasoned lawyers has advised on some of the most complex environmental restructuring cases in the country, involving a wide range of industries from chemicals, mining, oil and gas production to the power sector. Over the course of many years, we have developed an innovative toolkit for managing environmental liabilities in the restructuring context, including the use of environmental response trusts to address legacy contamination, insurance vehicles and tailored transaction structures.

We also advise lenders or creditors in contentious restructurings, and private equity or hedge funds seeking to take a stake in a stressed or distressed company. We turn the challenges of bankruptcy into opportunities, helping debtors through bankruptcy in an orderly and systematic way, while also maximizing our clients’ ability to discharge environmental liabilities through bankruptcy.