Mark C. Pennington LLC services include environmental due diligence along with providing counseling, transactional, and dispute resolution services to corporate and not-for-profit clients.

Practice Areas

Mark C. Pennington LLC is an environmental law firm providing counseling, transactional, and dispute resolution services to corporate and not-for-profit clients.

Typical services include:

Remediation Advice

  • Management of environmental issues in construction—Select and manage environmental professionals, prepare contracts, communicate effectively with construction contractors to minimize conflicts and delays, respond quickly to unanticipated events, develop tailored approaches to navigate the regulatory framework as efficiently as possible.
  • Brownfield remediation and redevelopment—Help clients apply for and navigate New York’s brownfield programs, negotiate remediation contracts and environmental insurance, shepherd the remediation to completion, prepare post-remediation management plans and institutional control documents, oversee ongoing operations and maintenance.
  • Plant closures, property dispositions, and re-use—Assist manufacturing clients with regulatory issues involved in winding down operations, securing and remediating properties, demolishing buildings, and developing disposition plans to minimize long-term risks.
  • Government-mandated cleanups—Negotiate consent orders with regulatory agencies; work with environmental consultants to develop sound, cost-effective strategies to investigate and clean up contaminated properties and petroleum spill sites under programs at the federal, state, and local levels; negotiate cost allocations in multi-party superfund proceedings.

Compliance Management

  • Compliance Counseling—Provide proactive advice to clients in planning for regulatory compliance, permitting new processes, upgrading pollution control equipment, storm water management, underground storage tank system upgrades, and tank system monitoring and maintenance.
  • Risk Management—Help clients find and negotiate favorable terms with reliable service providers; assist with due diligence on treatment, storage, and disposal facilities.
  • Environmental Audits and Environmental Management systems—Work with in-house compliance staff and in-house counsel to design and implement environmental auditing programs geared towards ensuring ongoing compliance.

Dispute Resolution

  • Environmental Disputes—Assist clients in resolving environmental disputes, including disputes over legal and contractual responsibility for environmental costs and obligations; support efforts to secure insurance coverage for environmental loss under comprehensive general liability policies.
  • Government Investigations—Help clients respond to government inspections and requests for information.
  • Government Enforcement—Counsel clients in responding to notices of violation, assist in developing compliance plans and negotiating penalty mitigation through supplemental environmental projects and third-party auditing programs.

Business Transactions

  • Due Diligence—Assist clients in performing thorough due diligence investigations, tailored to the specific objectives of the business deal.
  • Risk Allocation—Negotiate risk allocation provisions in contractual agreements.
  • Post-acquisition Follow-up—Assist with developing and following through on post-acquisition checklists, resolving compliance issues, managing insurance claims, and enforcing environmental indemnities.

Conservation Easements

  • Conservation Transactions—Assist landowners and land trusts with conservation transactions, including conservation easements and fee purchase.
  • Conservation Easement Amendments—Advise land trusts on the appropriate scope and procedures for amendment of conservation easements.
  • Standards and Practices—Help land trusts update their conservation easement templates and develop policies required by the Land Trust Alliance’s Standards and Practices.
  • Accreditation—Assist land trusts in performing Standards and Practices assessments and in preparing applications for accreditation by the Land Trust Alliance Accreditation Commission,develop and revise policies for records management, monitoring, and easement enforcement.

Please call us at (917) 546-0747.