Environmental

In conjunction with our Real Estate, Business and Corporate and Litigation Sections, Whiteford, Taylor & Preston provides comprehensive environmental law services to its clients in all manner of transactional, regulatory compliance and litigations areas.  We have the capability and technical background to assist you and your business in this ever-changing field, including:

  • Advising developers, landowners and commercial tenants on applicability and interpretation of state and federal environmental laws as they relate to the acquisition, sale, leasing and development of real estate;
  • Leading environmental due diligence efforts in the purchase, sale and merger of businesses;
  • Representing clients in response to threatened and actual federal, state and local government enforcement actions and private litigation for environmental contamination or exposure;
  • Counseling businesses and individuals in environmental compliance and permitting matters including water, solid and hazardous waste, air and wetlands programs; and
  • Assisting clients in developing and utilizing renewable energy resources and other sustainable technologies and practices.

  • Best Law Firms

Pols in Hot Water Over Rain Tax

By: Bryan Sears, The Daily Record
Daily Record Business Writer

… “Most business owners are reasonably comfortable paying fees and taxes when they know it will actually make a difference,” said M. Trent Zivkovich, a Baltimore attorney at Whiteford Taylor Preston LLP. “That being said, there is a great deal of frustration about the implementation and application of the program in the counties in terms of the fees’ charges and the credits that are available in some counties but not in others.”

Now What? How You Can Minimize The Cost Of Your Stormwater Fees

This article is one in a series presenting information on the current status of local legislation implementing stormwater fees in ten jurisdictions across Maryland. For background on the stormwater fees and their purpose, please see this earlier article.  This article summarizes information on the ability for property owners to appeal the imposition of the fees and to obtain credits and rebates against the fees.

UPDATED: Coming to a Locality Near You - Stormwater Remediation Fees in Maryland

Maryland has new stormwater fees that are being implemented in certain counties by this upcoming July 1st.

In late 2010, the EPA issued the Chesapeake Bay Total Maximum Daily Load (“TMDL”), effectively establishing a “pollution diet” for nitrogen, phosphorus and sediment discharges to surface waters that the six Bay watershed states and the District of Columbia must meet by 2025.  The Maryland Department of the Environment determined that stormwater runoff contributes about 18% of the nitrogen and 22% of the phosphorus loads flowing to the Bay from our state.  In order for Maryland to follow its “pollution diet”, the state's plans call for improvements to stormwater management practices contributing about 17% of nitrogen reductions and about 45% of the phosphorus reductions necessary to meet the TMDL goals.  Current estimates of the cost to implement these stormwater improvements are approximately $7.4 billion statewide through 2025.  Failure of a state to meet its pollution diet may result in the EPA withholding federal funding for state water management programs, the withdrawal of state authority to manage and issue all water discharge permits, and potentially significant fines.

Special Legislative Alert

The 2012 Maryland General Assembly Session ended on April 9th with the passage of a number of bills that promise to have a significant impact on real estate and land development activities in Maryland.

EPA Amends Toxic Substances Control Act Regulations Requiring Chemical Manufacturers and Importers to Report Certain Information

Effective September 15, 2011, the EPA has amended regulations that govern how, what, when and where companies report information required by the Toxic Substances Control Act (TSCA) concerning chemicals they manufacture or import.  This rule, formerly known as the Inventory Update Reporting (IUR) rule and now renamed the Chemical Data Reporting (CDR) rule, requires certain manufacturers (which, by regulation, includes importers) of chemicals listed on the TSCA Chemical Substances Inventory to report information about the manufacturing, importation, processing and use of those chemical substances.  Companies were last required to submit information to EPA under the IUR rule in 2006.

EPA's Proposed "“All Appropriate Inquiry" Rule: New and More Rigorous Site Assessment Standards for Persons Seeking CERCLA Liability Protection

On August 26, 2004 the U.S. Environmental Protection Agency published in the Federal Register its proposed rule setting forth standards for conducting “all appropriate inquiry” into the previous ownership, uses, and environmental conditions of a property (the “Proposed AAI Rule”). Conducting all appropriate inquiry prior to acquisition of a property is a required component of qualifying for liability protection under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”).

U.S. News Awards Top-Tier Rankings to 46 Whiteford Practices, Including 18 Nationally

Whiteford, Taylor & Preston is pleased to announce that U.S. News and World Report - Best Lawyers ® “Best Law Firms” has awarded the firm exemplary rankings for 2019.  Eighteen of the firm’s practices are ranked at the national level, including two practices with national Tier 1 rankings:  Litigation and Bankruptcy.  At the state level, an additional forty-six practices have been ranked in Maryland, Washington, D.C., and VA.

Whiteford, Taylor & Preston Recognized as National Tier 1 by U.S. News and World Report

The 2017 edition of U.S. News and World Report - Best Lawyers ® “Best Law Firms” has awarded Whiteford, Taylor & Preston LLP exemplary ratings in its seventh annual rankings of law firms.

Twenty of the firm’s practices were ranked at the national level, as well as thirty-seven in Maryland, ten in Washington, D.C., and two in Roanoke, VA.

M. Trent Zivkovich Joins Whiteford, Taylor & Preston

Whiteford, Taylor & Preston is delighted to announce that M. Trent Zivkovich has joined the firm as Counsel in the Baltimore office.

Trent is an environmental lawyer and joins the firm's Real Estate and Environmental practices. He will also become part of our Green Building and Clean Energy industry groups.