Because we work on diverse and complex projects that involve multiple jurisdictions and regulations, we can apply solutions reached in one to the challenges of another.

Why B&D?

Our lawyers combine an understanding of the nuances of the laws affecting natural resources; backgrounds in relevant science, industry, and consulting; and involvement in the development and enforcement of those laws prior to joining the firm. This 360-degree perspective enables us to help clients make sense of government agencies’ frequently differing interpretations of regulatory requirements and work effectively to resolve them.

Our long relationships with environmental regulators at all levels of government can revive stalled negotiations and push the process forward. If necessary, we’ll litigate forcefully to achieve our clients’ business objectives.

We speak the languages of—and work seamlessly with—project developers, field staff, in-house lawyers, and other advisers, creating efficiency for all involved.

We engage with our opponents and other interested parties to hear their concerns and explain our clients’ positions because communication, understanding, and collaboration save our clients considerable time and expense.

We anticipate potential obstacles and objections and work to reduce or eliminate them early on.

We position our clients to avoid legal challenges by minimizing the number of regulatory authorizations required for projects and build clear administrative records to document and defend them.

Clients

The challenges our clients face in natural resources, permitting, land use planning, and zoning affect residential, commercial, industrial, and infrastructure projects. Our lawyers advise on and litigate projects big and small, public and private, greenfield and brownfield, and local and national.

On the private side, our experience includes commercial and residential real estate, pipelines, power plants, and recycling facilities, offshore oil and gas production, renewable energy, transportation, and mining. Our public-sector clients are primarily federal, state, and local government agencies, with an emphasis on public water infrastructure.

The experience we’ve accumulated over decades of working for both sectors gives us insight that helps us resolve issues favorably.

For example, we partnered with the State of Maryland to successfully devise, implement, and defend a strategy for approval of a highly controversial 18-mile highway after numerous prior efforts had failed. The Intercounty Connector project, opened in 2014, created an unprecedented process of collaboration and cooperation among at least two dozen federal, state, and local agencies.

Focus

We counsel clients on:

  • Alternative energy siting and permitting.
  • Brownfields redevelopment.
  • Project approval and permit defense in administrative and judicial proceedings.
  • Endangered species, wildlife protection, and enforcement.
  • Federal offshore and onshore oil and gas development.
  • Land use and zoning due diligence and permitting.
  • Mining and mineral processing.
  • National Environmental Policy Act (NEPA) and state NEPA reviews.
  • Regulatory takings.
  • Stormwater management and permitting.
  • Transportation infrastructure planning and development.
  • Wetlands permitting and regulation.