Barnes & Thornburg Environmental Services: Leading the Way in Environmental Law

Background

Barnes & Thornburg LLP expanded its practice to include environmental services in response to the growing complexity of environmental regulations and the increasing demand for legal expertise in this area, particularly with the establishment of key environmental laws like the Clean Water Act, the Clean Air Act, and the creation of the Environmental Protection Agency (EPA) in the U.S. Since then, the firm's environmental practice has grown significantly, becoming a cornerstone of its legal offerings.

Sustainability and Environmental Services

Barnes & Thornburg's environmental and sustainability practice focuses on helping clients navigate the intricate legal challenges associated with environmental laws, regulations, and sustainability initiatives. The firm's services are designed to meet the needs of businesses across various industries, including manufacturing, energy, real estate, healthcare, and more.

Key Areas of Service

1. Environmental Compliance:

   • Assisting clients in understanding and complying with federal, state, and local environmental regulations, including those enforced by the Environmental Protection Agency (EPA) and other regulatory bodies.

   • Providing counsel on the implementation of compliance programs and training to ensure ongoing adherence to environmental laws.

2. Permitting and Regulatory Approvals:

   • Guiding clients through the process of obtaining necessary environmental permits for their operations, including air, water, and waste permits.

   • Representing clients in negotiations with regulatory agencies to secure approvals for new projects or modifications to existing operations.

3. Environmental Litigation and Dispute Resolution:

   • Representing clients in environmental litigation, including disputes over contamination, compliance, and enforcement actions.

   • Handling cases involving the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act (RCRA), and other key environmental statutes.

   • Providing alternative dispute resolution services to address environmental conflicts outside of court.

4. Environmental Due Diligence:

   • Conducting environmental due diligence in connection with mergers, acquisitions, real estate transactions, and other business activities.

   • Assessing environmental risks and liabilities to help clients make informed decisions about transactions.

5. Sustainability and Corporate Responsibility:

   • Advising clients on developing and implementing sustainability programs that align with their business goals and regulatory requirements.

   • Assisting in the creation of corporate sustainability reports and guiding compliance with sustainability reporting standards, such as those set by the Global Reporting Initiative (GRI).

   • Supporting clients in achieving environmental certifications and implementing green building practices, including LEED certification.

6. Environmental Remediation and Brownfields Development:

   • Providing legal guidance on environmental remediation projects, including the cleanup of contaminated sites.

   • Advising on the redevelopment of brownfield sites, including securing funding, negotiating with regulatory agencies, and managing liability risks.

7. Climate Change and Renewable Energy:

   • Assisting clients with legal issues related to climate change, including carbon regulation, emissions trading, and renewable energy projects.

   • Advising on the development and financing of renewable energy projects, such as wind, solar, and biomass, including navigating the regulatory landscape and securing incentives.

8. Chemical Regulation and Product Stewardship:

   • Offering counsel on compliance with chemical regulations, such as the Toxic Substances Control Act (TSCA) and the Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH) regulation in the EU.

   • Advising on product stewardship, including the management of product life cycles to minimize environmental impact and ensure regulatory compliance.

9. Proactive and Preventive Legal Services

   • A significant part of Barnes & Thornburg's environmental practice involves proactive and preventive legal services. This includes conducting environmental audits, developing compliance strategies, and providing training programs to help clients stay ahead of regulatory changes and minimize risks.

Industry-Specific Expertise

Barnes & Thornburg serves clients across various industries, tailoring their environmental and sustainability services to the unique needs of each sector. Their industry-specific expertise includes:

• Manufacturing: Addressing environmental challenges related to emissions, waste management, and sustainability in production processes.

• Energy: Navigating the complex regulatory environment for traditional and renewable energy sources, including environmental impact assessments and permitting.

• Real Estate Development: Providing guidance on environmental due diligence, site remediation, and compliance with green building standards.

Highlights

Manufacturing

The firm serves a wide array of manufacturing clients, including those producing drugs and medical devices, chemicals, automotive components, recreational vehicles, agricultural products, building materials, consumer products, and more. They offer legal counsel on various aspects of business operations such as contracting, mergers and acquisitions, supply chain management, labour and employment, intellectual property, environmental compliance, and real estate. Barnes & Thornburg litigators have significant experience defending manufacturers in complex litigation, including product liability, toxic torts, and multidistrict litigation. They have acted as lead counsel in cases involving disputes over design, manufacture, and failure analysis, and have handled high-stakes claims involving medical devices and toxic torts.

Energy

The firm provides legal services in energy law and energy regulatory law, assisting clients with regulatory compliance, environmental issues, and litigation. They have a dedicated practice group for energy and natural resources, which is recognized in Chambers USA rankings.

Barnes & Thornburg's energy practice is noted for its expertise in handling complex regulatory and transactional matters in the energy sector, particularly in Indiana, where they have received high rankings.

Case study

eDiscovery Transformation

Barnes & Thornburg, like many large law firms, faced increasing volumes of electronic data in litigation and regulatory matters. Managing this data efficiently and cost-effectively while maintaining accuracy and compliance was becoming increasingly challenging. The traditional eDiscovery methods, which often involved manual processes and disparate systems, were not scalable given the growing complexity and size of cases. The firm recognized the need for a comprehensive overhaul of its eDiscovery approach to better serve their clients and stay competitive. Barnes & Thornburg transformed its approach to eDiscovery by adopting Everlaw, a cloud-native platform. This shift allowed the firm to increase litigation support billable hours for entry-level employees by 1000% and bring 70% more work in-house, generating $4.5 million in new billable hours. The firm uses Everlaw for its largest cases, with the top five matters accounting for over half of the firm's data in Everlaw's platform. This transformation has been critical to the firm's success, enabling it to remain competitive and efficient in handling complex legal matters

Recognition and Awards

1. Chambers USA Rankings: The firm has been recognized in the Chambers USA 2024 rankings, with nationwide recognition for its Environmental, Labor and Employment, and Product Liability and Mass Torts practices. Several attorneys have also received individual rankings in various practice areas, including Hedge Funds, Product Liability, and Securities Regulation.

2. Best Lawyers in America: Barnes & Thornburg has received numerous awards from The Best Lawyers in America, including 299 awards for Best Lawyers and 121 awards for Best Lawyers: Ones to Watch.

3. Service Awards: In 2023, Barnes & Thornburg honoured several attorneys and business professionals for their commitment to community service, pro bono efforts, diversity, equity, and inclusion (DEI) activities, mentoring, and client service. Notable awards include the Joseph A. Maley Pro Bono Award, Camille Conway Diversity Award, Kenneth H. Inskeep Mentoring Award, and the Client Service Award.

Pricing

Law firms typically do not disclose detailed pricing information publicly due to the customized nature of legal services, which can vary significantly based on the complexity of the case, the practice area involved, and the specific needs of the client. For precise pricing details, it is recommended to contact the firm directly to discuss the scope of services and obtain a tailored quote.