Practice Focus

Blake Biles has almost 35 years of experience as an environmental attorney, including five years with the US Environmental Protection Agency (EPA) and nearly 30 years in private practice. During that time, he has provided services to a wide variety of clients concerning virtually the full range of substantive environmental requirements, and encompassing all types of legal matters: counseling, transactions, rulemakings, compliance audits, and both enforcement and appellate litigation.

Mr. Biles has experience in matters involving the regulation of, and potential liabilities associated with, chemicals and other commercial products. This includes requirements arising under the Toxic Substances Control Act (TSCA), hazard communication and right-to-know standards, biotechnology and life sciences, nanotechnology, consumer product safety, and related product liability issues. He has considerable experience working with clients on matters involving chemical/product hazard and risk evaluations (e.g., risk assessments, product, and process Failure Mode and Effects Analysis), and the legal implications of such evaluations.

For international business interests, Mr. Biles has represented companies with respect to emerging chemical-specific liability regimes; provided advice concerning treaty developments and obligations; served as a member of the Business and Industry Advisory Committee for the Organization for Economic Co-Operation and Development (OECD/BIAC), the US Council for International Business (USCIB), and the International Chamber of Commerce (ICC) committees; and directed environmental/tort due diligence for acquisitions/divestitures and financings covering facilities and operations in Europe, Asia, and Latin America.

Mr. Biles has long been involved in Arnold & Porter LLP's provision of pro bono services to low-income and other vulnerable populations. This includes extensive work on behalf of tenants seeking to preserve affordable housing; more than two decades' work for Washington, DC-based AARP Legal Counsel for the Elderly, Inc. (including as 2006 Chair of the LCE Board of Directors); service on the Board of Directors of the Neighborhood Legal Services Program; representation of homeless individuals, persons seeking to obtain social security disability benefits, and residents of substandard nursing homes; and advocacy for mentally-ill persons living in institutional settings, including prisons. The District of Columbia Bar has recognized Mr. Biles as its Pro Bono Lawyer of the Year.

During his time at EPA (from 1975 to 1980), Mr. Biles initially was an attorney in the Offices of Water and General Enforcement, and then in the Office of General Counsel. Thereafter, he was the first Director of the Agency's new-chemicals review program in the Office of Toxic Substances.

Representative Matters

• Counsel to a range of business entities with respect to governmental and private-plaintiff actions involving "at-risk" chemicals, including perfluorinated chemicals (PFC), polybrominated diphenyl ethers (PBDE) and other flame-retardant products, methyl bromide, methyl tert-butyl ether (MTBE), and asbestos.
• Negotiation of many TSCA Audit Agreements with US EPA for major chemical companies, and ongoing representation in their subsequent audit implementation.
• Representation of companies in numerous EPA enforcement actions alleging violation of TSCA and other chemical-control requirements.
• Lead counsel to a large publicly traded private equity firm (with approximately US$11 billion in capital resources under management) concerning the environmental aspects of acquisitions, divestitures, and financings of real-property transactions throughout the US and around the world.
• Service as a consultant in a federal criminal prosecution alleging a company's violation of statutory reporting requirements..
• Advice and representation to a FORTUNE 50 company in its development of new products, focusing upon hazard and risk evaluations with respect to both safety and liability considerations.
• Representation of numerous companies in reporting and recall actions involving consumer products that are subject to the Consumer Product Safety Commission (CPSC) administered laws.
• Counsel to business interests in the DC Circuit litigation that established a five-year federal statute of limitations for the imposition of civil administrative penalties.