Environmental Law

Sands Anderson's environmental law team has a broad range of experience, at both the state and federal levels, with the often complex statutory and regulatory framework surrounding environmental law. Our environmental lawyers work in tandem with all of the firm's practice groups to provide litigation, counseling and advocacy support in all sorts of projects having environmental law implications.

We represent individuals, businesses and local governments in permit, variance, and enforcement proceedings, citizen suits, and judicial and administrative appeals. We regularly negotiate on behalf of our clients with regulators and enforcement officials from the Virginia Department of Environmental Quality, the United States Environmental Protection Agency and local government. We have a wealth of experience in formal and/or informal administrative hearings. Our environmental attorneys have argued before the United States Supreme Court and the Virginia Supreme Court, and other venues across the state and the nation.

We serve as general counsel to the Chesapeake Bay Foundation, which not only enhances our expertise in environmental law, but evidences our dedication to help protect the waterways and greenways. For example, we have assisted the Chesapeake Bay Foundation in its successful implementation of conservation tax credits projects.

Private Sector Clients

We are frequently engaged on behalf of industrial and other commercial clients to protect them from, and minimize to the extent possible their exposure to, environmental claims. Our environmental team frequently develops and reviews environmental compliance programs and audits. The attorneys also assist clients with required permitting at the federal, state and local levels and are available throughout the process to handle any issues that may arise. Our representation of local governments, as highlighted below, has provided us with tremendous experience, rendering our lawyers uniquely qualified to assist private clients before local governments and other governmental bodies.

Our environmental litigators have defended private clients in multi-jurisdictional environmental clean-up disputes where insurance coverage has been disputed and have defended businesses against citizen suits and private actions brought under the federal RCRA and Superfund statutes. Sands Anderson has also participated in the oversight of contaminated site clean-ups throughout the United States for nationwide clients, and has defended clients against criminal liability arising from hazardous releases.

Governmental Clients

For over fifty years Sands Anderson has represented local governments across the Commonwealth, and we have served as county attorney or counsel to 88 political jurisdictions and governmental agencies. We assist local governments and other authorities in developing, permitting and regulating public facilities. Sands Anderson 's team is able to address the numerous and complex environmental issues that frequently arise, whether from a regulatory prospective or in actual or threatened environmental litigation. For example, our environmental attorneys have defended localities against landfill-related claims in the Counties of Page, Dinwiddie, Caroline and Brunswick . We recently represented the Tri-County Landfill serving the Counties of Lancaster, Richmond and Northumberland.

Our attorneys have represented local governments in matters brought under the federal RCRA and Superfund statutes. We have handled many matters involving the land application of biosolids, and we have represented local government clients before the Virginia Supreme Court and the Fourth Circuit Court of Appeals, as well as lower state and federal courts. Our attorneys have worked closely with the Virginia Association of Counties on policy issues affecting the authority of local governments to regulate the land application of biosolids and we closely monitor legislation that would reduce such authority.

We are called upon periodically to advise localities on the adoption of local ordinances implementing the requirements of state erosion and sediment control statutes and the Chesapeake Bay Act. We have prosecuted violations of such ordinances on behalf of local government clients.

Related Areas

Sands Anderson 's attorneys also are experienced in handling "toxic tort" litigation. These claims are handled primarily by the firm's Risk Management attorneys. For example, we are involved in the ever-increasing litigation relating to toxic mold claims. We have defended owners of apartment complexes, other property owners and disaster remediation companies in mold cases. Our representation in such cases includes where possible the pro-active, pre-litigation investigation of such claims. Such investigation can prove to be crucial to an effective defense once a lawsuit is filed. Our Risk Management attorneys have also defended owners and operators of gasoline stations in cases involving leaking underground storage tanks. We represent a wide variety of manufacturers and end users in both personal injury and property damage cases involving alleged chemical exposures. These are but a few examples of the sorts of environmental cases handled by our toxic tort attorneys.

Selected Environmental Representation Experience

The firm spent eight years litigating on behalf of a major insurance carrier against a national supplier of treated wood products in the states of Georgia and Virginia, including filing a petition for a writ of certiorari to the Supreme Court of the United States from the Supreme Court of Georgia.  The case involved coverages under policies of insurance for claimed environmental damages caused by cresoted lumber.  The cases were finally settled.

Attorneys at the firm previously served as environmental counsel to a national automotive parts retailer. Responsibilities included identification of sites with environmental issues or exposure, overseeing cleanup efforts (mostly USTs, battery dumps, and maintenance facilities), and responding to actions by regulatory authorities.

Attorneys now at the firm acted as in the past as part of a legal team involved in environmental litigation on behalf of a national railway transportation company which filed suit against a number of insurers seeking reimbursement for clean up of contaminated sights around the country.

Attorneys at the firm are currently handling an underground storage tank case that is in litigation, involving a claim by a family that our client's underground storage tank developed a leak and that it migrated to the family's fresh water well, contaminating it.

Attorneys at the firm have handled a case involving the alleged spraying of an incorrect mixture of chemicals on a vineyard's grapes.  The claim was that the mixture burned the crop making it not appropriate for use in the vineyard's product, fine Virginia wine.

Attorneys at the firm have handled multiple lead paint poisoning cases, which all revolve around the claim by the infant plaintiffs that they were exposed to lead paint and lead paint byproducts which lead to certain sequellae including reduction in mental capacity, developmental problems, learning disability and physical injuries.

Attorneys at the firm have handled mold exposure cases where it was claimed that mold was caused to exist due to a client's actions/inactions, with exposure to this mold allegedly resulting in physical symptoms, psychological and emotional problems, and neurological problems.

Attorneys at the firm have handled a toxic tort case involving exposure to chemicals designed to act as fungicides.  This chemical agent was utilized by a client to limit the growth of microbes that lead to mold, mildew, etc in the apartments of the plaintiffs following a fire.  The allegation was that it was applied at the wrong concentration.  The plaintiffs claimed that all of their property in the apartments was no longer usable and that they developed physical symptoms including rashes, musculoskelatal complaints, neurological problems, emotional problems, and they developed a hypersensitivity to other commonly found environmental agents including some perfumes.

Attorneys at the firm spent a decade handling multiple environmental insurance coverage cases, on the policyholder's side.

Attorneys at the firm have experience in environmental litigation and advice relating to the regulations of the Virginia Department of Environmental Quality as to solid waste disposal. This work is mainly representing local governments, defending lawsuits or other claims.  They also have negotiated with DEQ concerning violations, consent orders or permits.    The work has involved landfills, sewer systems (discharge) and air quality issues.




Environmental Law team members include:




Articles about our Environmental Law work: