Environmental

Peggy Otum is a partner in Arnold & Porter’s  Environmental group. Her practice focuses on complex environmental litigation and regulatory compliance counseling, with particular focus on the Resource Conservation and Recovery Act; the Clean Air Act; and the Comprehensive Environmental Response, Compensation, and Liability Act. Ms. Otum has advised clients in investigations, litigation, and other enforcement actions brought by the US Department of Justice and the US Environmental Protection Agency. Her experience also encompasses advising clients on environmental auditing and environmental aspects of corporate transactions, including identifying and evaluating potential environmental liabilities associated with manufacturing facilities, negotiating, and drafting environmental provisions in corporate agreements, and advising clients on environmental insurance. Ms. Otum maintains an active pro bono practice, ranging from advocating in individual family law matters, supporting a neighborhood environmental conservation group, and representing an employee seeking disability benefits.Ms. Otum earned her law degree from Howard University School of Law, where she served as the managing editor of the Howard Law Journal.

Environmental Representative Matters

• Ongoing representation of leading fertilizer manufacturer in Clean Air Act enforcement investigation and in defense of an enforcement initiative by the US Environmental Protection Agency (EPA) and the US Department of Justice seeking enforcement of RCRA hazardous waste requirements at mineral processing facilities subject to the Bevill Amendment.
• Provide day-to-day regulatory and transactional assistance to FORTUNE 100 company across an array of environmental statutes and regulations applicable to its automation and control solutions business.
• Counsel electronics retailer on applicability of various state electronic waste (e-waste) statutes.
• Served as second chair in the successful  representation of client to recover contractual indemnification in excess of US$20 million for liabilities suffered in defense of class action litigation arising from facility that was the subject of a federal Superfund cleanup.
• Defended mining company in two 7,500-person class actions seeking damages for alleged impacts to property values and health of residents from groundwater plume associated with former fertilizer manufacturing facility.