Best Environmental Law & Compliance Lawyers in Pennsylvania

About Environmental Law & Compliance in Pennsylvania, United States

Environmental law and compliance in Pennsylvania encompasses a broad array of rules, regulations, and standards designed to protect the environment within the Commonwealth. These laws address everything from air and water quality to hazardous waste management, land use, and wildlife protection. Compliance with environmental regulations is critical for individuals, businesses, and municipalities, as noncompliance can result in significant penalties, legal liability, and harm to public health and natural resources.

Pennsylvania has a rich industrial history, which has led to unique environmental challenges-such as legacy pollution, abandoned mines, and regulation of natural gas extraction through activities like fracking. State agencies, especially the Pennsylvania Department of Environmental Protection (DEP), play a key role in enforcing both state and federal laws, including the Pennsylvania Clean Streams Law and the federal Clean Air Act.

Why You May Need a Lawyer

There are many situations where expert legal help becomes essential in environmental law and compliance. Some common scenarios include:

• You are facing enforcement actions or fines from the DEP or Environmental Protection Agency (EPA).
• Your business needs permits to operate, expand or discharge waste, and you want to ensure compliance with state and federal regulations.
• You own property that may be contaminated or located near a Superfund site and need guidance on liability and cleanup requirements.
• Neighbors or local groups have raised environmental concerns regarding your activities or development plans.
• You want to participate in public hearings or comment periods on environmental permits or proposed regulations.
• You need help understanding how recent law changes, like those impacting the natural gas industry, may affect your land or business.
• You are involved in a real estate transaction and need an environmental site assessment or help with due diligence related to environmental risks.

Environmental law is highly technical and fast-changing. An experienced attorney can help protect your interests and navigate complex regulatory processes.

Local Laws Overview

Pennsylvania’s environmental laws are influenced by state statutes, federal laws, and local ordinances. Some key aspects to be aware of include:

• Pennsylvania Clean Streams Law: Regulates discharges to Pennsylvania’s waters, including streams, rivers, and lakes. Permits are often required for any activity impacting waterways.
• Solid Waste Management Act: Governs the disposal, transport, and treatment of solid and hazardous wastes, including special rules for electronic and medical waste.
• Air Pollution Control Act: Controls emissions of pollutants to maintain air quality. Businesses may require operating permits and may be subject to local air monitoring.
• Oil and Gas Act: Addresses natural gas extraction (including fracking), with permitting, disclosure, and operational standards to protect land and water.
• Mined Land Reclamation Law: Requires the restoration of land following surface mining and regulates waste management at mining sites.
• Environmental Rights Amendment: Pennsylvania’s constitution guarantees citizens the right to clean air, pure water, and the preservation of natural resources.
• Stormwater and Land Use Regulations: Local governments may have ordinances relating to stormwater management, zoning, and wetlands protections.

Compliance often requires coordination between state agencies like the DEP and federal bodies such as the EPA.

Frequently Asked Questions

What is considered an "environmental violation" in Pennsylvania?

An environmental violation can include unauthorized discharges into waterways, improper storage or disposal of hazardous waste, air emissions without a permit, development on protected wetlands, and more. Violations are determined by state and federal environmental laws.

Who enforces environmental regulations in Pennsylvania?

The primary agency is the Pennsylvania Department of Environmental Protection. Certain federal regulations are enforced by the EPA. Local agencies may also have enforcement authority for specific ordinances.

What permits might I need for a construction or development project?

You may need permits for stormwater management, earth disturbance, waste disposal, and impacts to wetlands or waterways. Air quality permits can also be required depending on the type and size of your operations.

How can I find out if my property has environmental contamination?

You can hire an environmental consultant to perform a Phase I or Phase II Environmental Site Assessment. State records and DEP databases may also have information on known contaminated sites.

What should I do if I receive a notice of violation or enforcement action?

Contact an environmental attorney immediately. Do not ignore such notices-responding appropriately can protect your rights and help you avoid substantial penalties.

Are there laws specific to oil and gas drilling in Pennsylvania?

Yes. The Oil and Gas Act regulates drilling, fracking, waste disposal, reporting, and groundwater protection for oil and gas activities in the state.

How do I participate in public comment or hearings on environmental matters?

State agencies like the DEP hold public comment periods and hearings on major permits or rule changes. These are advertised on their websites and in local newspapers. Written comments can often be submitted electronically or by mail.

What is a Superfund site?

A Superfund site is an area identified by the EPA as contaminated with hazardous substances that require long-term cleanup. Both state and federal regulations govern responsibilities for cleanup and liability.

Can I be held liable for pollution caused by previous property owners?

Under certain circumstances, property owners can be held responsible for existing contamination, particularly if due diligence was not performed before purchase. An attorney can help assess and mitigate your risks.

What penalties can result from non-compliance?

Penalties can include substantial fines, required corrective actions, business shutdowns, and, in some cases, criminal charges. Early legal intervention can help minimize penalties and resolve violations.

Additional Resources

If you need more information, the following resources may be helpful:

• Pennsylvania Department of Environmental Protection (DEP): Provides guides, permit forms, and news on regulations.
• United States Environmental Protection Agency (EPA): Offers federal enforcement information and environmental data.
• Pennsylvania Environmental Council: Nonprofit organization dedicated to environmental policy and advocacy in Pennsylvania.
• Local County Conservation Districts: Assist with soil, water, and land conservation matters and permitting questions.
• Pennsylvania Bar Association - Environmental Law Section: Legal resources and referrals to qualified attorneys.

Next Steps

If you believe you need legal advice or representation in an environmental law and compliance matter in Pennsylvania, consider the following steps:

• Document your situation with dates, permits, correspondence, and any violation notices.
• Contact a licensed Pennsylvania attorney who specializes in environmental law-many offer initial consultations to discuss your case.
• Gather relevant records, such as property deeds, environmental reports, or permits issued or denied.
• If facing urgent enforcement action, act quickly to preserve your rights and limit penalties.
• Engage with local or state agencies as directed by your legal counsel, but avoid making statements or admissions without guidance.

Every environmental issue is unique, so professional legal support is crucial for navigating regulations, securing necessary permits, and defending your interests in Pennsylvania.