In conjunction with our Real Estate, Business and Corporate and Litigation Sections, Whiteford 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.
Defended a company in one of the State of Maryland’s most significant criminal prosecutions ever for environmental acts following a multi-year investigation. Negotiated a plea agreement that provided a defined path to ensure compliance and providing community benefits while allowing the business to thrive under new ownership.
Successfully shepherded and then negotiated with State government, County government, and multiple third-parties first-of-its kind solution to allow the construction of a new wastewater treatment plant serving a large retail shopping center after four years of regulatory gridlock.
Helped a long-time real estate development client and potential tenant better understand and then mitigate potential environmental risk for a large commercial development located adjacent to a Superfund site, resulting in the execution of a multi-decade lease for the property.
Represented a stalking horse bidder involved in a Section 363 bankruptcy proceeding to identify previously-unrecognized environmental liabilities associated with the target assets and then designed and successfully led effort to avoid such exposure in the successful bid.
Represented multiple companies subject to enhanced regulatory enforcement scrutiny as a result of environmental justice initiatives in targeted communities, including the successfully negotiation of several consent agreements to efficiently resolve matters.
Represented clients in multiple litigation matters centered around environmental damages, both pursuing and defending claims, in various state and federal courts.
On September 6th, the Maryland Department of the Environment (“MDE”) officially withdrew the proposed regulations it had previously issued in December 2023, creating statewide Building Energy Performance Standards (“BEPS”) and replaced them with an entire new set of proposed BEPS regulations. The BEPS are required as part of the implementation of the Climate Solutions Now Act of 2022, which mandates that certain buildings (generally 35,000 square feet and larger, with some buildings being exempt) in Maryland achieve net zero greenhouse gas emissions by 2040, with initial reduction standards having to be attained in 2030, and building owners required to report energy data in 2025.
For companies whose operations are subject to strict federal regulations – and particularly those that are facing or may be facing enforcement actions – take note. The U.S. Supreme Court may have just leveled the playing field. On Friday, June 28, 2024, the Supreme Court overturned a long-standing legal precedent that instructed courts to defer to federal agencies’ interpretations of ambiguous laws they administer. Instead, federal laws will be interpreted by the courts. Federal agencies will need to prove their cases, including enforcement actions where an arguably ambiguous statute is at issue. This is good news for businesses in the U.S.
When it comes to solar energy development, Maryland ranks 17th nationally for total installed solar capacity with 1,294 megawatts (“MW”) nationally in the share of solar jobs with 178 solar companies operating in the State.
Solar projects present valuable opportunities for commercial and industrial (“C&I”) property owners to monetize otherwise unused assets, namely rooftops and areas of their property that are unsuitable for other development. Solar projects come in two varieties referred to eponymously as “rooftop” or “ground mounted” solar developments. Rooftop solar projects are more common for C&I properties because of the relatively low project cost and comparatively simpler design, permitting, and construction process. However, ground mounted projects are not uncommon, although they frequently are more attractive to institutional landowners with large undeveloped areas that are likely to remain so, such as educational, health care, and governmental facilities. There are significant differences among solar project developers in terms of experience, sophistication, and access to capital. C&I property owners considering hosting a solar project should do their own diligence on the terms offered by the project developer and consult with their legal, tax, and engineering advisors before entering into a solar project deal.
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.”
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.
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.
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.
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.
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”).
Whiteford is pleased to announce that “Best Law Firms” has awarded the firm exemplary rankings for 2025. Nineteen of the firm’s practices are ranked in Virginia.
Whiteford is pleased to announce that “Best Law Firms” has awarded the firm exemplary rankings for 2025. Twenty-two of the firm’s practices are ranked at the national level, and the firm’s Bankruptcy, Construction and Labor & Employment litigation practices have been recognized with national Tier 1 rankings.
Whiteford is pleased to announce that Chambers and Partners has once again ranked the firm highly in its 2024 list of leading firms and business lawyers.
Whiteford is pleased to announce that Chambers and Partners has once again ranked the firm highly in its 2023 list of leading firms and business lawyers.
Whiteford, Taylor and Preston is pleased to announce that U.S. News and World Report - Best Lawyers ® “Best Law Firms” has awarded the firm exemplary rankings for 2023.
Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has once again ranked the firm highly in its 2022 list of leading firms and business lawyers. This year’s recognition includes 29 attorneys in 14 practice areas at the National and State level.
Whiteford, Taylor and Preston is pleased to announce that U.S. News and World Report - Best Lawyers ® “Best Law Firms” has awarded the firm exemplary rankings for 2022. Twenty-one of the firm’s practices are ranked at the national level, and the firm’s bankruptcy and Construction Litigation practices have been recognized with national Tier 1 rankings. At the state level, new recognitions include Admiralty & Maritime Law, Nonprofit/Charities Law, Patent Law and Privacy and Data Security Law.
A record 75 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2022 (copyright 2021 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.com.
Whiteford, Taylor and Preston is pleased to announce that U.S. News and World Report - Best Lawyers® “Best Law Firms” has awarded the firm exemplary rankings for 2021. Twenty-two of the firm’s practices are ranked at the national level, and the firm’s Bankruptcy and Environmental Law practices have been recognized with national Tier 1 rankings.
A record 71 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2021 (copyright 2020 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.com.
Whiteford, Taylor and Preston is pleased to announce that U.S. News and World Report - Best Lawyers ® “Best Law Firms” has awarded the firm exemplary rankings for 2020. Twenty of the firm’s practices are ranked at the national level, including two bankruptcy practices with national Tier 1 rankings. At the state level, an additional forty-two practices have been ranked in Maryland, Washington, D.C., and VA.
64 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2020. The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.com.
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.
Baltimore – 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 2018. Nineteen of the firm’s practices are ranked at the national level, including three practices with national Tier 1 rankings: Litigation, Bankruptcy and Real Estate. At the state level, an additional fifty practices have been ranked in Maryland, Washington, D.C., and VA.
Whiteford, Taylor & Preston is pleased to announce that 41 of its attorneys are listed among the 2017 Super Lawyers and Rising Stars in Maryland and Kentucky joining the sixteen who were listed earlier this year in Delaware, D.C., Pennsylvania and Virginia.
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.
Whiteford Taylor & Preston LLP is very gratified to announce that the firm has once again received exemplary ratings in the fifth annual U.S. News & World Report rankings of law firms.
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.
