Environmental Law & Energy Land Use
Environmental Law & Energy Land Use

This groups aims to consistently design and develop strategies that help our clients achieve and sustain compliance with applicable legal requirements, while minimizing or avoiding the risk or impact of enforcement actions, claims and related litigation. And when a situation calls for a vigorous defense in court or administrative proceedings, our team is second to none.

Compliance

Our counsel on legal compliance matters aims to prevent potential exposure to enforcement actions from environmental agencies and ensure the continued and uninterrupted operation of business.

We have vast experience in all principal areas of federal, local and municipal environmental laws, regulations and permitting issues, among them:

  • pre-treatment of waste waters
  • management and disposal of hazardous and nonhazardous waste
  • underground storage tanks
  • air emissions
  • remediation
  • underground injection control

Environmental Impact Review Process

The environmental review processes is the cornerstone of the development of any project. We counsel and assist our clients on compliance matters throughout the this process and identify key matters and issues to be addressed in the Environmental Impact Statement, Environmental Evaluation and related documents.

We guide our clients through the preparation, filing and defense of relevant environmental documents. We strive to ensure full regulatory compliance and to prevent and/or minimize issues that may be targeted by potential opponents in any subsequent judicial challenges.

Enforcement

We represent clients in a variety of court and administrative proceedings against allegations of environmental liability or responsibility brought by federal or local agencies, environmental groups, citizens or third parties.

Transactional Work

Business transactions, such as mergers and acquisitions, asset purchase agreements and stock purchase agreements, can give rise to a multiplicity of environmental-related liabilities. This is why it is crucial to conduct due diligence to identify any potential environmental issues and to provide the most effective strategies to manage them in the context of the transaction.

Public Policy

We advise our clients on relevant federal and local developments—statutory, regulatory, and case law—in environmental law. We also assist them in the preparation of proposed revisions to statutory and regulatory provisions and/or the submittal of comments to proposals for statutory and regulatory provisions regarding issues that impact their operations.

Our environmental law and litigation practice has strong, established professional relationships with all relevant local and federal environmental regulatory agencies, such as:

  • Puerto Rico Environmental Quality Board
  • Department of Natural and Environmental Resources
  • Solid Waste Management Authority
  • Puerto Rico Aqueduct and Sewer Authority
  • Puerto Rico Electric Power Authority
  • Permits Management Office
  • Ports Authority
  • U.S. Environmental Protection Agency
  • U.S. Army Corps of Engineers
  • Fish and Wildlife Service

Notable Cases & Transactions

$700 Million renewable energy investment

Handled the first and single Puerto Rico resource recovery project for the development, design, financing, construction and operation of a 2,100 ton/day, 80MW renewable energy power plant using processed refuse[…]
case-14 million-cedit-agreement-small

$14 Million credit agreement

Acted as counsel to bank in the closing of a $14 million credit agreement for the financing of seven solar photovoltaic energy projects involving the P.R. Aqueduct and Sewer Authority,[…]
World Class Public Private Partnership Transaction

World class public private partnership transaction

In a groundbreaking transaction and first-ever in Puerto Rico, Ferraiuoli acted as local counsel to the entities listed below in a world-class P3 transaction involving Puerto Rico’s Luis Muñoz Marín[…]
Federal Deposit Insurance Corporation (FDIC)

Federal deposit insurance corporation (FDIC)

Acted as local counsel to the Federal Deposit Insurance Corporation in the 2010 consolidation of three failed Puerto Rico banks, including the drafting of the perfection of a security interest[…]