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Environmental and Administrative Law

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Our Retail Industry team of attorneys can handle your environmental legal matters associated with site development.

We have extensive experience in:

  • Groundwater and surface water use issues
  • Environmental permit appeals
  • Pre-acquisition environmental due diligence and compliance monitoring
  • Property contamination litigation
  • NPDES and storm water permitting

We also have experience litigating:

  • ADA compliance issues
  • State and local taxation – including County Boards of Equalization and Review, West Virginia Office of Tax Appeals, Circuit Courts, Supreme Court of Appeals of West Virginia
  • Tax assessments and challenges
  • Municipal business and occupation tax issues
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Robinson & McElwee can help with regard to:

  • Commercial and corporate transactions – including mergers and acquisitions
  • Contracts
  • Collections
  • Bankruptcy
  • Leasing agreements (including ground, big box, movie theater, small shop, office and cell tower leasing)
  • Reciprocal easement and site development agreements
  • Project financing

Robinson & McElwee can direct a strategic approach to the involved government agencies so that your project avoids unnecessary delays. Insuring all permit applications for a new site are on file in a timely manner increases the likelihood your project will succeed. Do you know the labor regulations in the area in which you propose to operate? Is your business qualified to operate in West Virginia? Have all the needed local permits and licenses been obtained?

Our attorneys have the government relations background and experience to serve your needs.

  • Significant state presence as registered corporate and trade organization lobbyists
  • Research, support, monitoring, and drafting of proposed legislation and administrative rulemaking
  • Agents for First American Title Company, Chicago Title Company, and Old Republic Title Company
  • Members
    • International Council of Shopping Centers
    • ALFA International, Retail and Construction Law Practice Groups
    • Vision Shared of West Virginia
    • Distilled Spirits Council of the United States

We can assist with every aspect of your human resources activities, from hiring to discipline and termination. Our attorneys regularly help clients prepare employee handbooks, develop employment policies, assist with substance detection and abuse programs, offer “pre-termination” mediation services and provide broad human resources guidance. Our workers’ compensation attorneys can work closely with your insurance carriers to minimize your exposure to on-the-job accidents and injuries, and when those do occur, we will monitor the process to ensure the law is followed by all concerned.

Robinson & McElwee has significant experience in matters relating to:

  • Hiring and retention policies
  • Wrongful discipline and termination
  • Collective bargaining, strike planning and response
  • National Labor Relations Board (NLRB) unfair labor practices
  • Employment discrimination before Equal Employment Opportunity Commission (EEOC), West Virginia Human Rights Commission, state and federal courts
  • “Deliberate intent” wrongful death and injury litigation
  • Occupational Safety & Health Administration (OSHA)
  • Federal and West Virginia wage and hour matters
  • Workers’ compensation
  • Unemployment compensation
  • Occupational disease and injury

When disputes arise, smart businesses rely on experienced arbitrators to obtain a fair and prompt resolution of the matter, without resorting to more expensive litigation. Our Alternative Dispute Resolution practice area attorneys are fully trained to meet the needs of the parties. And our Litigation practice area attorneys are of course available for those cases where mediation does not or cannot resolve the matter.

Robinson & McElwee’s team of attorneys has extensive experience related to:

  • Water use and flood litigation
  • Land, lease and contract disputes, including exclusivity and common area charge disputes, mechanic’s liens, rights of way, and dominant estate claims
  • Bankruptcy, including issues unique to real estate
  • Eminent domain litigation and claims
  • Mediation and arbitration services and representation
  • Defense of personal injury claims
  • Commercial vehicular, trucking and transportation litigation
  • Dram shop liability
  • Right of way disputes
  • NPDES and storm water permitting

Let us guide you to a result that meets your company’s current real property needs with flexibility for the future changes that are sure to come.

We can assist in matters of:

  • Title research, analysis and insurance
  • Real estate investment, sales, acquisition, leasing and disposition
  • Tax-benefitted conveyances and development (deferred exchanges, donations and incremental funding)
  • Sale-leasebacks
  • Tax
  • Siting, Permitting and Reclamation
  • Joint land use issues associated with timber, coal and public use
  • DOH and other agency development agreements and permitting
  • Construction and development
  • Land use planning and zoning issues