Susan M. Rainey

Susan Rainey uses her experience as a former project manager in the Texas Commission on Environmental Quality (TCEQ) Voluntary Cleanup Program (VCP) to assist clients in evaluating and addressing environmental issues. Named in Chambers USA for Environmental Law since in 2010, Susan analyzes environmental risks and liabilities to protect clients in all types of transactions. She has also led numerous remediation efforts, pursuing and obtaining regulatory closure through voluntary cleanup, corrective action, brownfields and other regulatory programs in states across the country, and seeking out funding, reimbursement or tax credits where available. These environmental assessments and remediation projects have included work with chlorinated solvents; petroleum and underground storage tanks (USTs); soil, soil gas, and groundwater contamination; indoor air vapor intrusion risks; vapor mitigation systems and vapor barriers; asbestos; lead and lead based paint; and polychlorinated biphenyls (PCBs). In Texas, she has worked with clients to obtain Municipal Setting Designations (MSDs) to achieve regulatory closure through the VCP and Corrective Action Section, as well as obtaining development permits for construction over closed municipal solid waste landfills. She has also counseled clients on navigating state and federal superfund actions and information requests, potentially responsible party (PRP) group agreements, and agency or PRP cleanups. In addition, Susan works with clients to identify and secure other risk mitigants including prospective purchaser or brownfield agreements and environmental insurance policies.

Susan also coordinates and manages environmental programs for clients to ensure consistent compliance across their portfolios. She also counsels clients on understanding and anticipating ESG policy developments, implementing sustainability strategies and navigating ESG disclosures.

Susan frequently manages commercial and residential property condition and building management issues, including indoor air, methane, mold, radon, asbestos containing materials (ACM), and lead based paint (LBP) assessment, mitigation, and abatement, and counsels clients on managing tenant relations regarding these issues. Her experience includes environmental regulatory work, including permit transfers, responding to notices of violation, managing environmental audits, coordinating abatement plans and operations and maintenance plans (O&M Plans), and ensuring compliance with a broad range of environmental regulatory requirements at both the state and federal levels.

• Environmental Compliance Work – Working with clients to review environmental audits, Phase I Environmental Site Assessments, Phase II and Limited Site Assessments, and other environmental information to help clients achieve compliance with environmental laws and regulations.
• Environmental Regulatory Work – Assisting clients with assessments and remediation in state and federal environmental agency programs including voluntary cleanup, corrective action, and superfund programs; assisting with permitting and enforcement issues before regulatory agencies; assisting with lead based paint, asbestos, and mold remediation activities.
• Environmental Transactional Work – Assisting clients in reviewing due diligence information and environmental insurance availability and coverage in corporate, real estate, and lending transactions to assess environmental risks and find efficient, cost-effective, and appropriate solutions to environmental issues.