Comprehensive Natural Resources and Environmental Legal Experience

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.

The largest federal interstate land exchange ever consummated was negotiated by Birch Horton Bittner & Cherot attorneys. We’ve served as expert witnesses on federal land acquisition procedures, arranged for federal agency purchase of client land interests (or blocked such purchases) and secured (or stopped) congressional appropriations for land purchases. Our experience in federal and state land exchanges, acquisitions, appraisals and other forms of land disposition (e.g., surplus property sales) is extensive.

Successful practice in this specialized area requires detailed knowledge of agency procedures, federal appraisal standards, the different forms of land exchange authority and the role of Congress, especially the appropriations subcommittees. Our specialty in this field has yielded outstanding results for major land developers, utilities, national land conservation organizations, Native American entities and individual landowners.

At Birch Horton Bittner & Cherot, we simplify the process of resource development for our clients. We achieve this goal by leveraging our attorneys’ extensive experience against the issues that typically arise during the course of public and private projects. We aid our clients in funding, permitting and developing, and we protect our clients in dispute resolution when necessary.

Specialized skills are needed to maintain comprehensive natural resources and energy law practices, and we have that essential expertise in:

• Natural resources
• Land
• Land exchange
• Water
• Wildlife
• Environmental law
• Energy law

Our attorneys’ in-depth understanding and extensive experience in these specialized areas give us the capability to respond rapidly and effectively to our clients’ needs. Birch Horton Bittner & Cherot can deploy sophisticated multidisciplinary teams to address a panoply of legal issues drawing on the skills of our other practice groups, including commercial transactions, litigation and bankruptcy.

Our large natural resources law practice covers the administrative, judicial and legislative arenas. We specialize in representing private landowners, assisting them in negotiating and drafting unit agreements, transportation agreements, leases, pipeline easements, surface use permits and seismic and other contracts. We ensure that they benefit from the development of their natural resources without exposing themselves to undue risk. We have also represented certain natural resources industries in their efforts to acquire permits and government approvals in conjunction with mining developments. As a result, we are intimately familiar with myriad state and federal environmental regulations.

Birch Horton Bittner & Cherot has worked with many federal and state land agencies, such as the Army Corps of Engineers, the Alaska Department of Natural Resources, the Alaska Department of Environmental Conservation, the Department of the Interior and the U.S. Forest Service. We advise clients on environmental review requirements, and we craft strategic approaches to minimize litigation risks. We handle environmental permitting and statutory compliance issues. When necessary, we appear in state and federal courts or before regulatory bodies to compel permit and project approvals and to defend approvals against legal challenges.

Throughout Alaska, we advise clients on issues involving environmental compliance, enforcement and litigation. Birch Horton Bittner & Cherot attorneys have vast experience with federal and state laws pertaining to oil spill response prevention and pollution liability. We have represented numerous interests in connection with claims arising from the 1989 Exxon Valdez oil spill and the 1987 Glacier Bay spill in Cook Inlet.

The firm also has unparalleled experience with the National Environmental Policy Act (NEPA), the Clean Water Act (CWA), 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 legal firm of choice for national park concessionaires, oil and gas refining and transmission companies, electric utilities, 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 Senate Committee on Appropriations, the Senate Committee on Energy and Natural Resources, the House Committee on Appropriations, the House Committee on Natural Resources and more.

Birch Horton Bittner & Cherot also represents energy clients engaged in oil and gas development, the financing and construction of energy infrastructures and power generation operations. We also represent landowners, Alaska Native Corporations and other interests that are impacted by energy project development. We assist energy clients on related business issues such as acquisitions, financing, federal government contracting, enforcement, labor and other corporate and transactional matters.

Energy utility regulation is a major practice area for the firm. We represent electric and gas utilities before state public utilities commissions in certification, rate and rate design proceedings as well as rule-makings. We handle complex appeals of state utility decisions. Our state regulatory practice includes representation of renewable energy companies that use resources as diverse as wind, hydro, geothermal and biomass. We also represent clients before the Federal Energy Regulatory Commission on hydroelectric licensing and other issues.

Birch Horton Bittner & Cherot’s energy lawyers are veteran leaders in this specialized field. We offer knowledge developed from years of practicing energy law and bring extensive experience in related environmental, legislative, natural resources, public utility and financing fields.

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