At the forefront of Delaware’s environmental law since state’s first environmental laws were passed more than 30 years ago. Our lawyers have the regulatory knowledge, transactional sophistication and courtroom skill to defend our clients’ interests in environmental issues throughout Delaware and abroad.
Permitting and compliance
We bring practical understanding of environmental permitting and the compliance needs of business and industrial clients. We advise companies that have complex and challenging environmental issues, including manufacturers, chemical manufacturers, electrical utilities and power plants, as well as oil refineries.
Richards Layton plays an active role in working with regulators at the Delaware Department of Natural Resources & Environmental Control (DNREC) to shape the state’s environmental law.
Securing the proper permits under environmental laws is crucial for our clients. Our environmental counseling experience includes Title V and smaller facility air permitting, NPDES water permitting, solid waste facility permitting and wetlands activity permitting.
We represent clients’ interests in contested administrative permit or enforcement proceedings as well as in private party environmental litigation.
Whether clients are plaintiffs or defendants in private cost recovery litigation under CERCLA and RCRA, we can represent their interests.
Our firm has successfully negotiated novel and complex site development agreements to rehabilitate contaminated “brownfield” properties.
Delaware Business Magazine | September/October 2022
In November 2021, the State of Delaware issued its climate action plan (the “Climate Plan”) after a process of workshops, surveys, and review of comments from stakeholders. The Climate Plan follows a series of specific actions to address climate issues in Delaware, including enactment of the Renewable Energy Portfolio Standards Act; participating in the National Clean…
Delaware Banker | Spring 2022
Environmental due diligence is a significant component of commercial real estate transactions, and a Phase I environmental site assessment (“ESA”) is the usual starting point for due diligence. Although the Phase I ESA has become a near-commodity, not all assessments are created equal, and understanding the scope of what is (and is not) encompassed by a…
March 18, 2022
On October 20, 2021, Delaware Governor Carney signed the Drinking Water Protection Act (the “Act”), which directs the Division of Public Health (“DPH”) to establish maximum contaminant levels (“MCL”) for certain “forever chemical” contaminants found in Delaware public drinking water systems, namely perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid or perfluorooctane sulfonate (“PFOS”). The Act requires that…
Delaware Laws & Programs Affecting Business presents an introduction to Delaware and an overview of the laws and programs relating to doing business in the State. Our economy is diverse, and our legal framework is intentionally crafted to foster robust business activity. Our widely copied business laws lead the nation in clarity and predictability. Government…
Delaware Banker | Spring 2019
In the context of making a loan secured by commercialreal estate, a lender is right to be concerned aboutenvironmental contamination at that property, and howit may impact potential liability for cleanup and thevalue of the property as collateral. According to a surveyby Environmental Data Resources (“EDR”), one out ofevery ten banks involved in commercial real estate…
May 18, 2017
Legislation to amend Delaware’s Coastal Zone Act has been introduced that will allow former heavy industry use sites to be converted to an alternative or additional heavy industry use.
Delaware Banker | Summer 2014
In the 2013 legislative session, Delaware adopted environmental lien legislation authorizing the Delaware Department of Natural Resources and Environmental Control to impose environmental liens on real property to recover its cleanup costs.
July 15, 2014
Real estate transactions have become increasingly sophisticated, and successful deals require finding solutions for the complex real estate issues clients face. This National Business Institute seminar will go beyond the basics for an advanced look at complicated real estate concerns. Todd Coomes will speak on “Environmental Issues in Real Estate Transactions,” including Local, State and Federal…
Delaware Banker | Summer 2013
In the recent legislative session, Delaware took another step to require responsible parties to clean-up contaminated property by enacting environmental lien legislation. Delaware’s new environmental lien statute allows the State’s environmental agency, the Delaware Department of Natural Resources and Environmental Control (“DNREC”), to impose environmental liens on real property to recover its clean-up costs. While not…
March 14, 2013
The State of Delaware Department of Natural Resources and Environmental Control is considering several legislative amendments that are of potential significance for future site development in the State, as well as for facilities that fall under DNREC’s Hazardous Substance Cleanup, Tanks and Oil Pollution programs.
PLC Real Estate | 2013
This Practice Note provides a background on a lender’s potential environmental liabilities for issuing a loan where real property is the collateral.
PLC Real Estate | 2013
This Practice Note provides an introduction to the environmental due diligence process regarding commercial real estate loans.
September 30, 2011
Robert Whetzel and Todd Coomes will speak at this program focused on the Delaware Coastal Zone Act and presented by Widener University School of Law.
This guide presents an introduction to Delaware and an overview of the laws and programs relating to doing business in the State.
June 16, 2010
Director Robert W. Whetzel and associate Todd A. Coomes will act as a panelist and moderator, respectively, for the Coastal Zone Panel Discussion for this CLE program in Wilmington, Delaware.
May 5, 2010
Legislation was introduced on May 4, 2010 the Delaware General Assembly that would significantly revise the State’s "chronic violator" enforcement program.
March 29, 2010
On March 1, 2010, the Army Corps of Engineers began to dredge a section of the Delaware River to deepen the shipping channel that services ports as far north as Philadelphia and Camden. While not a remarkable event, as yearly maintenance dredging occurs, the dredging of the river to a lower depth was preceded by more…
May 22, 2008
Delaware enacted legislation that will affect the transfer or closing of facilities in Delaware where chemical or hazardous substances have been or are located.
March 14, 2008
Legislation has been introduced in the Delaware General Assembly that will affect the transfer or closing of facilities in Delaware where chemical or hazardous substances have been or are located.