Will Gardner

Environmental Compliance and Permitting

Will’s environmental compliance and permitting experience touches on all major environmental laws, with particular emphasis on the Clean Air Act, Clean Water Act, and Resource Conservation and Recovery Act. He routinely advises clients on:

• Developing an environmental permitting plan for new or expanding facilities.
• Assisting with day-to-day compliance questions at existing facilities.
• Decommissioning facilities.
• Conducting privileged environmental compliance audits.
• Defending environmental enforcement actions brought by government agencies, such as the U.S. EPA, IDEM, Ohio EPA and others.

Environmental Litigation and Permit Appeals

A substantial part of Will’s practice involves litigation defending third-party appeals of environmental permits and challenging environmental permit conditions on behalf of industry. He has also defended clients in state and federal court actions brought under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and other laws addressing liability for environmental contamination.

Environmental Remediation

Will has extensive experience working with parties conducting environmental remediation projects dealing with soil, surface water, and groundwater contamination under both state and federal regulatory programs (RCRA Corrective Action, CERCLA, etc.). He assists these clients with negotiating cost-effective cleanup strategies based on risk-management principles, which protect human health and the environment.

Environmental Due Diligence

In addition, Will frequently advises buyers, sellers, and lenders on environmental liabilities in real estate and M&A transactions. He helps his clients structure these transactions to reduce the risk of liability from known and unknown environmental concerns. Will has a deep understanding of environmental insurance markets, risk transfer agreements, and other strategies to help his clients close difficult deals with significant environmental risks at issue.

In addition to his J.D., Will also earned his Master of Public Affairs from Indiana University – Bloomington’s School of Public and Environmental Affairs, where he concentrated on environmental and energy policy. Will uses this background in developing creative legal solutions that apply the principles of economics, statistics, and environmental science.