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Environmental Law

Environmental issues have a central place in public consciousness, media, and state, local, and national politics. Real and perceived environmental threats from sources such as factories, real estate developments, energy generators and consumer products have resulted in laws and regulations at all levels of government and a proliferation of litigation over environmental liabilities.

Birch Horton Bittner & Cherot attorneys have experience in a wide range of environmental law issues. We represent corporations, developers and energy companies in cutting-edge environmental litigation and in solving complex regulatory and transactional issues. The firm regularly counsels clients on the environmental aspects of commercial and real estate transactions, provides regulatory advice and litigates matters under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and other environmental statutes. Our attorneys address environmental law issues in each of the following areas: negotiating and drafting remediation agreements, licensing agreements, leases, lease amendments, indemnity agreements and access agreements; analyzing insurance issues and tendering claims; and interfacing with local, state and federal regulatory agencies.

The firm’s overriding philosophy is to provide our clients with cost-effective representation to navigate the complex system of state and federal regulations, adequately assess the risks of a given situation, minimize legal exposure for past practices and maximize our clients’ recoveries against others who are responsible.

We have worked on environmental law issues with federal and state agencies, such as the U.S. Army Corps of Engineers, the Alaska Department of Natural Resources, the Alaska Department of Environmental Conservation, the U.S. Department of the Interior and the U.S. Forest Service. We advise clients on environmental review requirements and craft strategic approaches to minimize litigation risks. We handle environmental permitting and statutory compliance issues, interact with regulatory agencies in dealing with the remediation of contamination and, when necessary, we appear in state and federal courts or before regulatory bodies to compel permit and project approvals and defend approvals against legal challenges.

The firm also has unparalleled experience with the Endangered Species Act (ESA), the Marine Mammal Protection Act (MMPA), the Migratory Bird Treaty Act (MBTA), the Asian Elephant Conservation Act (AsECA), the National Forest Management Act (NFMA) and many other federal and state laws, regulations, treaties, rules and procedures.

Birch Horton Bittner & Cherot is the law firm of choice for national park concessionaires, guides and outfitters, recreational interests, entertainment corporations, mining corporations, landowners, sportsmen and aquaria in a variety of wildlife matters. Our accomplished attorneys are an established presence on Capitol Hill, representing clients before the U.S. Senate Committee on Appropriations, the U.S. Senate Committee on Energy and Natural Resources, the House Committee on Appropriations, the House Committee on Natural Resources and more.


Elisabeth H. Ross
William P. Horn
James H. Lister