Environmental Compliance & Litigation

We represent businesses, landowners, and tribes in environmental compliance matters involving state and federal regulations, including NEPA, CEQA, Clean Water Act, and hazardous waste laws. We also defend clients facing enforcement actions and pursue litigation in cases of contamination, water discharge violations, or regulatory overreach.

Key Aspects of Environmental Compliance & Litigation

• Regulatory Counseling
  Advising on permit requirements under NEPA (EIS/EAs), CEQA (where applicable), the Clean Water Act (§ 401/402 certifications), the Clean Air Act, RCRA, and New Mexico’s Environmental Improvement Act.
• Permit Securing & Agency Negotiations
  Handling applications and negotiations with EPA, NM Environment Department, Corps of Engineers, BLM, and other agencies to obtain discharge permits, air‐quality approvals, and waste‐management authorizations.
• Compliance Audits & Management Systems
  Conducting gap analyses, drafting tailored environmental management plans, and training staff to maintain continuous compliance and avoid costly violations.
• Enforcement Defense
  Representing clients in administrative enforcement actions, civil penalties, and judicial appeals brought by EPA, New Mexico Environment Department, and tribal environmental programs.
• Environmental Litigation
  Litigating contamination disputes, challenging agency rulings, and pursuing citizen‐suit claims under Superfund (CERCLA), the Clean Water Act, and state analogues to protect clients’ interests.

Common Challenges & Navigational Issues

• Evolving Standards
  New regulations on GHG reporting, PFAS, and tribal air‐quality programs can alter compliance obligations overnight.
• Multi-Agency Overlap
  Projects often trigger parallel reviews under federal, state, and tribal laws—requiring harmonized strategies and synchronized timelines.
• Data & Sampling Disputes
  Enforcement actions frequently hinge on contested sampling methods, site assessments, or interpretations of “waters of the United States.”
• Litigation Risk
  Citizen suits and third-party claims can arise even where agencies decline enforcement, necessitating proactive risk assessments and defense planning.

Why Specialized Counsel Matters

• Proactive Compliance Programs
  We develop audit protocols, reporting systems, and permit‐renewal strategies that keep clients ahead of regulatory changes and reduce enforcement exposure.
• Strategic Enforcement Defense
  Our team negotiates penalty mitigations, consent orders, and corrective‐action plans, preserving clients’ operations and reputations.
• Litigation & Appeals Expertise
  With trial-tested litigators, we challenge agency determinations, defend against citizen suits, and pursue cost‐recovery actions for environmental damages.
• Tribal Environmental Partnerships
  We navigate tribal environmental codes and coordinate with tribal agencies, ensuring respectful collaboration and compliance on reservation lands.

Secure compliance and safeguard your operations against environmental risk. Contact Baca & Stone to discuss how our Environmental Compliance & Litigation team can protect your interests.