LAURENCE KIRSCH focuses on environmental negotiation and litigation, emphasizing large contaminated sites, sediment sites, and complex environmental enforcement proceedings. Laurence brings his combined background in science and law to his practice which includes matters that have involved air, surface water, groundwater, hazardous waste, sediments, toxic substances regulation, and indoor air quality, among other issues. Laurence’s practice also emphasizes offshore wind projects, defending permit challenges to proposed offshore wind facilities, and corporate transactions relating to those facilities.
Laurence has litigated and counseled clients on matters involving the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund), SARA Title III (TRI), Resource Conservation and Recovery Act, Clean Air Act, Clean Water Act, Safe Drinking Water Act, Toxic Substances Control Act, Occupational Safety and Health Act, and related state statutes.
In addition, Laurence has considerable experience on matters involving the interface between environmental laws and bankruptcy. Among other things, prior to joining Sidley, he litigated the first estimation proceeding ever conducted of a federal CERCLA claim in a bankruptcy proceeding, resulting in a no liability ruling for the debtor on an US$80 million claim by the United States. As part of that same bankruptcy proceeding, he also participated in the creation of the first environmental remediation trust used in a Chapter 11 proceeding to take and hold title to contaminated property, allowing debtors to reorganize successfully. As part of his work on environmental bankruptcies, he has litigated and negotiated a number of key issues concerning how environmental obligations are addressed in bankruptcy proceedings.
Laurence has performed numerous environmental reviews of individual plants in approximately 30 states throughout the country and in Canada, and for several major corporations, has performed environmental reviews of every one of their corporate plants. He works with clients in developing responses to Environmental Protection Agency (EPA) requests for information under the different environmental statutes. Using his science background, Laurence has worked extensively with technical experts (including air, water, epidemiological, toxicological, and risk assessment experts) in ensuring that their reports and testimony are both understandable and laser focused on meeting the client’s needs.
Laurence also advises businesses including major financial institutions on the environmental implications of real estate and corporate organizations and transactions, including securitizations. For example, he advised on environmental aspects of a US$1.9 billion securitization involving hundreds of properties, then the largest commercial mortgage securitization in U.S. history. Laurence has performed environmental due diligence and negotiated deal terms on M&A and lending transactions.
Laurence is a fellow of the American College of Environmental Lawyers. He has been selected for inclusion in Chambers USA (2008–2024) and is currently listed in Band 1 under Environment in District of Columbia. He is also listed among the Lawdragon “Green 500: Leaders in Environmental Law” (2023–2024). While attending law school, he served as managing editor of the Harvard Environmental Law Review. Laurence has been elected to the Environmental Law Institute’s Leadership Council, the Institute’s group of the most prominent environment, energy, and natural resource leaders in the nation.