Environmental & Natural Resources

Macfarlane Ferguson & McMullen has provided representation concerning a very broad range of environmental matters to corporate and individual clients since 1972. The firm offers expertise in all areas of federal, state, and local environmental compliance, including permitting, regulatory compliance, enforcement response action, and litigation, both private and governmental. Our attorneys offer counsel on day-to-day compliance with these complex and rapidly changing laws and regulations. The Environmental Department has represented clients before the Florida Department of Environmental Protection ("FDEP") before each of its district offices, the Federal Environmental Protection Agency ("EPA"), the Department of Justice, each of the Florida Water Management District offices, and various local environmental government agencies, including the Hillsborough County Environmental Protection Commission ("EPC"), the Pinellas County Public Health Unit, and the Dade County Environmental Resources Management ("DERM").

The Environmental Department’s strength is not only its skill and experience in representing clients in compliance and permitting issues, but also the litigation ability of its attorneys in responding to enforcement actions filed by the regulating agencies, including FDEP and EPA. The Department attorneys have also represented clients in criminal enforcement matters initiated by the state and federal governments.

The Environmental Department also has extensive experience in representing clients at Federal CERCLA (Superfund) sites and Resource Conservation and Recovery Act ("RCRA") sites. Such representation also includes litigating cost recovery actions under state and federal CERCLA law. The Department attorneys have represented many clients serving as its agents on PRP executive council groups at various Superfund sites. The Department counsels clients through the entire state and federal permitting process; working closely with the client and their consultants.

The Department has assisted many financial institutions and other clients in environmental audit assessments, including Phase I and Phase II assessment audits, occupational compliance audits, and SARA Title III compliance requirements.

The Department also represents clients before the County Property Assessors in negotiating and, if necessary, litigating a reduction in the value of the property assessment due to environmental conditions existing on the property.