Practice Areas

Finger, Nelson & Maguire, PLLC counsels clients on a broad range of environmental issues pertaining to air and water pollution, solid and hazardous waste, toxic substances, pesticides, endangered species, wetlands and sovereign submerged lands.  Finger & Nelson, PLLC attorneys have extensive experience representing clients in the following areas:

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Regulatory Compliance – Achieve and maintain compliance with complex environmental laws, rules, regulations and permitting requirements, including CERCLA (Superfund), RCRA (Hazardous Waste) and Chapters 376 and 403, Florida Statutes. We have an active regulatory practice dealing with environmental matters under all federal and state environmental statutes, including:

  • Clean Air and Water Acts
  • Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
  • Emergency Planning and Community Right-to-Know Act
  • Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)
  • National Environmental Policy Act, Endangered Species Act
  • Occupational Safety and Health Act
  • Resource Conservation and Recovery Act (RCRA)
  • Toxic Substances Control Act (TSCA)

We also:

  • Advise clients on status as a potentially responsible party under CERCLA and similar state laws, organize and participate in PRP groups during negotiations with EPA.
  • Negotiate settlement agreements and consent decrees with government agencies.
  • Provide counsel in a broad range of cost recovery actions seeking reimbursement for the cleanup of soil and groundwater contamination due to leaking above- and below-ground storage tanks, historical industrial operations, and environmental spills.

Contaminated Property Transactions – Identify, evaluate and manage environmental risks and liabilities; determine the applicability of EPA’s All Appropriate Inquiry Rule; and interpret Phase I and Phase II Environmental Site Assessments. Extensive experience representing institutional lenders and a major contributor in the development of an Environmental Risk Manual for a National Bank.

Petroleum and Dry Cleaning Sites – Management of assessment and remediation tasks and the implementation of Florida Department of Environmental Protection cleanup programs.

Environmental Assessment and Remediation –  Advise clients regarding the application of Chapter 62-780, Florida Administrative Code, on Risk Based Correction Action regulations, and the use of institutional and engineering controls to obtain the closure of sites, saving client’s time, money and resources.  Oversee cost-effective site investigations, manage data and assesses potential liability. Counsel clients regarding indemnification agreements and oversee risk assessments and remediation processes.

Brownfield Redevelopment Prepare and negotiate Brownfield Site Rehabilitation Agreements and represent clients in the designation of Brownfield Areas and preparation and filing of Voluntary Cleanup Tax Credit Applications. Where appropriate, counsel clients, negotiate indemnification agreements, oversee risk assessments and remediation processes, and secure insurance protection arrangements.

Rails to Trails and Conservation Easements – Negotiating and preparing the documentation necessary for the conversion of railroad facilities into pedestrian and cycling corridors as well as working with state and national conservation organizations with regard to the development, preparation and implementation of conservation easements.

Reporting Advise clients regarding mandatory and voluntary reporting obligations.

Consent Orders and Penalties – Negotiate consent orders, consent decrees and penalties.

Air emissions – Permitting and enforcement of industrial and commercial air emissions, including EPA Title V Air Permitting.

Indoor air quality Management of mold and asbestos assessment and abatement.

Wetlands and Sovereign Submerged Lands – Environmental resource permitting and sovereign submerged lands issues, including dock and marina permitting, leasing and regulatory compliance.