Environmental & Alternative Energy

Woods Rogers environmental and alternative energy attorneys are uncommonly equipped to help clients understand and comply with the complex and ever-changing web of federal, state, and local environmental laws. Our attorneys have a long history of working for, alongside and, when necessary, across the table from regulators to find cost-effective and sustainable solutions to environmental compliance challenges and disputes. 

Environmental Services

Woods Rogers environmental services include: 

• Preparing and interpretating environmental agreements and contracts  
• Defending, resolving and avoiding environmental enforcement actions  
• Performing environmental audits 
• Conducting environmental litigation  
• Overseeing and improving environmental record-keeping and documentation 
• Assisting clients to obtain local, state, and federal environmental permits  
• Guiding clients through project financing 
• Counseling clients regarding regulatory and statutory interpretation and compliance  
• Shepherding the environmental aspects of client transactions  
• Leading clients through the labyrinth of local zoning processes and appeals. 

Hazardous Materials, Water, & Air 

Hazardous Materials 

We represent clients facing compliance challenges and enforcement actions for violating hazardous waste management regulations and provide practical guidance on how to best comply with complex regulatory requirements. Our hazardous materials team advises clients regarding: 

• Oil and hazardous substance spill prevention programs that adhere to state and federal regulations under the Oil Pollution Act (OPA 90), Spill Prevention Control and Countermeasures plans (SPCC), and Underground and Aboveground Storage Tank regulatory programs (UST and AST) 
• Enforcement actions, reporting requirements, and litigation arising from oil spills and hazardous substances releases on behalf of vessel operators and shore facility operators  
• Regulatory compliance programs and issues at the federal, state, and local levels concerning chemical storage tank compliance, releases, and collapses 
• Resource Conservation and Recovery Act (RCRA) hazardous and solid waste regulations and permits, enforcement actions, and citizen suits challenging waste disposal practices 
• Superfund actions defense, including EPA cost-recovery actions and private party cost-recovery litigation 
• Cleanup and reuse of former federal installations, including negotiating with the EPA to craft solutions that support business strategy operations, such as use of Supplemental Environmental Projects (SEPs) and other alternative compliance strategies 

Water 

Companies and communities must understand and comply with evolving state and local stormwater management plans and accompanying requirements. We advise construction and industrial companies on stormwater permitting and compliance issues and to residential community associations on stormwater compliance and disputes with developers. 

We also have extensive experience helping clients follow the Federal Water Pollution Control Act (FWPCA), more commonly known as the Clean Water Act. Clients turn to our attorneys for assistance with Clean Water Act enforcement actions, permit disputes, regulatory compliance issues, oil spills planning and response, U.S. Army Corps of Engineers wetlands determinations, and defending against Clean Water Act citizen suits. We also advise clients on ship discharge regulations and registration requirements. We assist water clients with: 

• Obtaining/complying with Virginia Water Protection permits 
• Obtaining/complying with Virginia Stormwater Management permits 
• Chesapeake Bay Preservation Act compliance 
• Local zoning board authorization 
• Protecting riparian rights 
• Clean Water Act compliance
• National Pollutant Discharge Elimination Systems (NPDES) permitting 
• Other local and state water pollution programs 
• Wetlands protection, development and permits 

Air 

Companies often need permits and must perform emissions testing to ensure they meet Clean Air Act permit requirements. Our attorneys help with air pollution regulations and permits, including Title V permits and air toxics regulations. We also advise on environmental compliance aspects of federal and state contracts. 

We have represented industrial facilities in air permits, enforcement actions dealing with unpermitted emissions, and permit emissions violations. We have counseled clients regarding violations of air emission requirements in the import and export of agricultural products, and we have handled disputes between industrial facilities over air emissions.  

Alternative Energy Projects 

Large-scale solar facilities are a relatively new phenomenon in Virginia. With the passage of the Virginia Clean Economy Act (VCEA) in March 2021, Woods Rogers set out to help alternative energy developers enter the commonwealth and capitalize on opportunities including utility scale solar, renewables, and becoming an economic driver of job creation. We understand the energy and utility sector and the associated real estate and regulatory issues, and its complex tax structure.  

From on-the-ground experience with alternative energy development to monitoring Virginia’s legislation around renewable energy, we have experience with land use, zoning and siting; easements and leases; regulatory compliance; purchase and sale agreements for membership interests; and financing in the complex energy industry.  

Our attorneys help developers sort through issues from beginning to end while navigating challenges common to development. Our services include: 

• Applications for Certificates of Public Convenience and Necessity to Convert 
• Applications and permits for independent power producers  
• Asset purchase agreements 
• Environmental impact studies 
• Interconnection agreements 
• Review of existing leases 

Environmental Issues in Commercial Transactions 

You need a team that understands how real estate and land use laws apply to real projects. Our attorneys know land use and development involve a delicate balance between meeting the objectives of the developer and the requirements of the locality and elected officials, while not over-burdening a project and jeopardizing its ultimate success.  

Our environmental attorneys have negotiated and reviewed environmental terms in hundreds of commercial leases and business transactions for every size of business. We have a well-versed team in the drafting and negotiation of provisions in asset purchase, sale, and M&A agreements.  

Our experience includes corporate purchasing programs for commercial real estate developers, industrial expansions, renewable energy projects, shipyards, and waterfront development.  We also counsel clients on complex Brownfield redevelopment projects, including strategies to fully benefit from Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) liability exemptions for prospective purchasers and contiguous landowners.  

With diverse backgrounds that includes academic degrees in engineering and natural sciences and previous positions serving for and with federal and state environmental agencies, our environmental law attorneys are dedicated to helping clients meet regulatory requirements. We have prosecuted, as well as defended, civil and criminal environmental enforcement actions at the administrative, trial, and appellate stages. 

• Represent client businesses in all phases of State/federal air/water/solid waste permitting and enforcement proceedings before state/federal agencies and at the trial or appellate levels in state or federal courts.
• Advise clients in Comprehensive Environmental Recovery, Compensation and Liability Act (CERCLA), Resource Conservation and Recovery Act (RCRA), and Brownfields permitting and restoration actions.
• Counsel waste management clients through zoning and environmental permitting of municipal solid waste disposal facilities, recycling centers and biochar facilities.
• Assist clients with all aspects of zoning and permitting of utility-scale solar energy facilities
• Guide clients in obtaining permitting for and assist investors in due diligence and transactional phases of investment in major wind and other renewable energy projects
• Shepherd clients through the process of establishing conservation easements and permitting wetlands and nutrient mitigation banks.  
• Represent client in establishing  Virginia’s first dual wetlands mitigation/ nutrient credit bank.