Environmental

We represent clients in complex site cleanups, from major sediment sites to massive groundwater and soil contamination matters. We advise on the full range of issues involved with buying, selling and operating contaminated properties and facilities. Our team guides responsible parties through EPA and state processes, negotiating allocation and natural resources damage agreements, and coordinating large joint-defense groups, ensuring cost-effective strategies for long-term remediation and compliance. 

Our litigators handle high-stakes environmental disputes in federal and state courts. We have decades of experience defending clients against all types of environmental claims. These include claims based on nuisance, trespass, Proposition 65, toxic torts, the Clean Air Act (CAA), the Clean Water Act (CWA), the Resource Conservation and Recovery Act (RCRA), the National Environmental Policy Act (NEPA), the California Environmental Quality Act (CEQA), the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), California’s Hazardous Substance Account Act (HSAA), and the Federal Insecticide Fungicide and Rodenticide Act (FIFRA). We have achieved favorable results in some of the nation’s most complex cases. 

Sheppard helps clients secure permits for industrial, energy and real estate projects nationwide. We work closely with all manner of consultants and technical experts and advise on environmental reviews under federal and state law and coordinate with agencies to keep developments on track. Our team combines environmental and land use expertise to streamline and expedite approvals for large-scale projects. With respect to energy projects, we work closely with our tax experts to evaluate eligibility of projects for brownfield and other tax credits. 

If you manufacture, sell or distribute products in California, Prop 65 compliance is essential. Sheppard excels at prevention, helping clients design compliance programs, audit websites and avoid enforcement. We deliver creative early resolutions and robust defense if litigation occurs. With a proven track record across industries, we tailor trusted solutions to protect your business and achieve your goals. 

We counsel on compliance across environmental media, including air, water, waste and climate. We advise clients on Extended Producer Responsibility (EPR) regulations and associated compliance with state EPR programs. Our lawyers work closely with agencies like the EPA and state environmental bodies, helping clients anticipate regulatory shifts and develop effective compliance programs that minimize business disruption. When necessary, we guide our clients through criminal investigations and prosecutions. 

We also advise clients on compliance with product-related regulations, including regulations that phase-out, ban or create disclosure requirements for per- and polyfluoroalkyl substances (PFAS) and other chemicals, such as the California Safer Food Packaging and Cookware Act of 2021 (AB1200), the California Safer Clothes and Textiles Act (AB1817) and similar laws in other states. In addition, we defend clients against false advertising claims and lawsuits related to such regulations under the Consumer Legal Remedies Act (CLRA) and similar laws. 

We conduct environmental due diligence for mergers, acquisitions, financing and development projects. Our lawyers assess liabilities, negotiate environmental provisions in deal documents and advise on risk allocation, giving clients confidence to close transactions in industries ranging from manufacturing and real estate to energy and infrastructure. We also help clients address potential climate change impacts in environmental review documents.