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Environmental, Energy, Natural Resources & Land Use
+1 (787)-751-8999
Environmental, Energy, Natural Resources & Land Use
Our Environmental, Energy, Natural Resources & Land Use practice provides comprehensive counsel for clients whose projects or disputes involve Puerto Rico and federal environmental, permitting, and development frameworks. The group represents industrial, developers and commercial clients in administrative & judicial proceedings, facility expansions, construction and infrastructure matters with environmental impacts, renewable and conventional energy projects, environmental compliance, legislative and regulatory advocacy, land use & zoning strategy, public utility regulation, and real estate transactions where environmental liabilities or development constraints are central.
Among the major industry segments we serve are real estate development, banking, manufacturing, cement & concrete, pharmaceuticals, biotechnology, agro-science, electronics, petroleum, waste management, telecommunications, recycling, tourism activities, and utilities. We draw on our experience with these industries, and the unique environmental issues they present, to respond promptly, creatively and effectively to our clients’ needs. Our knowledge with the operation of these businesses – along with our constant work with the various governmental agencies at the municipal, commonwealth and federal levels – enables us to keep clients abreast of regulatory trends.
Administrative Agency Proceedings
Our attorneys represent clients in enforcement proceedings before Puerto Rico and federal agencies such as the Department of Natural and Environmental Resources (DNER), the Office of Permit Management (OGPe), the PR Planning Board, U.S. Environmental Protection Agency, U.S. Army Corps of Engineers, U.S. Coast Guard, U.S. Department of Transportation, the PR-i Aqueduct and Sewer Authority (PRASA), the PR Bureau of Transportation and Other Public Services (NTSP), the PR Energy Bureau, the PR Department of Labor and Human Resources (PROSHO), among other regulators.
Alternative Renewable Energy & Conventional Fuels
The practice supports project development and operations related to alternative renewable energy and advises on regulatory issues affecting oil and gas and other conventional resources. Services cover feasibility and siting, environmental and energy permitting, compliance before the Puerto Rico Energy Bureau, and alignment with Puerto Rico’s renewable-energy statutes and portfolio standards.
Construction Law and Litigation
The group advises clients through the full construction lifecycle, especially where projects intersect with environmental, land use or natural-resource rules. The team handles bid and award disputes, mechanics’ liens, licensing and building-code compliance, and claims over delays, defects, change orders, safety issues, and payment—using litigation or alternative dispute resolution. Environmental overlays, including federal or Puerto Rico regulatory regimes are integrated into risk allocation and dispute strategy.
Environmental Compliance & Day-to-Day Operations
The team provides compliance assistance and support in a wide array of issues that arise out of the ever-growing maze of environmental regulatory requirements under Puerto Rico and Federal laws for activities in connection with the day-to-day operations of industrial, manufacturing & commercial sites, construction developments, fuel terminals, waste & recycling facilities, hotels, marinas and coastal related or dependent projects, among others.
Government Affairs & Public Policy
The firm advocates for clients in legislative and regulatory processes in order to shape and provide flexibility and clarity in environmental protection & land use compliance issues, natural-resource management, infrastructure, and energy transition at both Commonwealth and federal levels. Counseling in legislative and regulatory rulemaking process includes compliance issues under Federal Environmental Laws implemented by the U.S. Environmental Protection Agency, and the Puerto Rico Environmental Public Policy Act (Act 416-2004, as amended) and related frameworks administered by the Department of Natural and Environmental Resources, the PR Department of Economic Development & Commerce (PR Permit Management Office), PR Planning Board as well as other agencies.
Land Use, Zoning, and Planning
The practice group guides clients through Puerto Rico’s land-use and zoning framework, including districts and classifications established under Title 23 (Public Planning and Development laws), the Puerto Rico Land Use Plan, and separate statutory provisions affecting property uses and project location. Services include structuring projects to meet zoning requirements, supporting submissions under the Joint Permit Regulations for the Evaluation and Issuance of Permits related to Development, Land Use and Operation, and providing support in securing variances, special exceptions, single use permits, or re-zonings when needed.
Public Utility & Users
Utility users and utility infrastructure operators receive counsel on regulatory compliance and permitting tied to water distribution, sewer service & connections, and electricity generation/transmission under tha main utility providers such as the PR Electric Power Authority (PREPA) and the PR Aqueduct & Sewer Authority (PRASA). Support includes permit management for upgrades or new facilities, wastewater discharges, and policy alignment for modernization and renewable integration, as well as strategic guidance in dealings with PREPA and successor entities, including public-private partnership structures.
Real Estate Transactions
The group advises clients concerning strategies to avoid or minimize environmental risks and liabilities, including those associated with acquisitions, mergers, stock-purchase, leases, financing, derivative liabilities of parent corporations and other related organizations, shareholders and successors. Our attorneys also support environmental professionals in the “All Appropriate Inquiry” (AAI) process pursuant to 40 C.F.R. §312.20 (and ASTM Standards), and conducts land use, natural resources, and zoning due diligence for real estate transactions, including properties with potential contamination or legacy industrial use (brownfields). Services include evaluating environmental liabilities under the laws of Puerto Rico and federal standards such as CERCLA, support related to permits, concessions and authorizations for projects in sensitive areas (coastal, ZMT, wetland, or conservation zones), and advising on remediation, disclosures, and liability risk shifting in transaction documents.
Telecommunications
Telecom clients receive counsel at the intersection of environmental law, permitting, and infrastructure build-out. The practice advises on compliance with environmental review and Puerto Rico permitting process requirements for towers, antenna siting, fiber, and broadband projects, including environmental impact assessments and community-impact mitigation. The team also counsels on hazardous-materials and fuel-storage issues (e.g., batteries, generators, diesel tanks) and represents clients in land-use or zoning disputes tied to telecom infrastructure.
