Environmental Compliance and Counseling

Experience Highlights

• Kosher Food Manufacturer in negotiation and administrative challenge to State Pollutant Discharge Elimination System permit and pre-treatment requirements for Significant Indirect User program based upon Water Quality Based Limits.
• Contract Operator of R&D Center in counseling and regulatory support for its in-house legal and technical team during negotiations with EPA concerning development and implementation of novel Small Municipal Separate Storm Sewer System permit.
• Multiple property owners and developers in litigation, counseling and advocacy before local government agencies under the California Environmental Quality Act (CEQA) on projects ranging from solar energy development, wind energy facilities and wind turbine sites, shopping center construction, and large-scale residential development. Obtained decisions after trials (1) invalidating a local ordinance that restricted wind energy development and (2) barring new development that would impede wind access to an existing wind energy site.
• Multinational mining company regarding permitting of major proposed mining operation in Alaska, including NEPA, Clean Water Act, and ESA issues.
• Electric utility in providing legal advice regarding permit modifications for wastewater and cooling water intake structures for multiple electric generating stations.
• Multiple chemical manufacturers in providing legal advice regarding ongoing compliance, revision and renewal of air, water and hazardous waste permits.
• BNSF in preparing a habitat conservation plan related to a permit allowing the take of grizzly bears incidental to railroad operations along the right of way from Shelby, MT to Whitefish, MT. This work involved negotiating with the US Fish & Wildlife Service, the US Forest Service, the National Park Service, the Montana Department of Fish Wildlife & Parks, and the Wildlife Division of the Blackfeet Nation.
• Major international pharmaceutical client before New Jersey Office of Administrative Law in challenging agency-initiated changes to terms and conditions in wastewater discharge permit and in all aspects of negotiating settlement involving multimedia compliance/permit modifications for wastewater, stormwater and treated remediation effluent at R&D center.
• Oil and transportation companies engaged in exploration, production and storage of crude oil in enforcement actions involving oil spills into state and federal jurisdictional waters, and negotiation with EPA over compliance, revisions and penalties relating to Facility Response Plans and Spill Prevention, Control, and Countermeasure Plans.
• Freight railroad across Alaska in NEPA review and federal permitting process.
• Automobile manufacturer in negotiating groundbreaking alternative greenhouse gas agreement with the California Air Resources Board.
• Chemours, as lead environmental counsel, on a range of regulatory, enforcement and litigation matters relating to the presence of chemicals in the Cape Fear River in North Carolina attributable to the client's facility, including a chemical referred to as GenX.
• Chemours, as lead environmental counsel, on a range of regulatory matters relating to the presence of chemicals in the Cape Fear River in North Carolina attributable to the client's facility, including a chemical referred to as GenX. We have advised the client on a range of environmental compliance issues, including entering into a Consent Order with the State of North Carolina, resolving the State's claims. We are also advising the client on a range of federal and state environmental issues at other facilities.
• Ethanol industry in rulemaking and litigation to remove barriers for using E15 (blend of 85 percent gasoline and 15 percent ethanol15).
• A number of the nation's leading makers of devices, pesticides, antimicrobial and consumer products that are regulated by the EPA, FDA and various state governments on registration and authorization matters, administrative challenges, and enforcement and penalty proceedings; providing counsel on manufacturing and marketing standards applicable to various manufacturing facilities, finished products and articles; and seeking food additive regulations (tolerances) and exemptions for food packaging materials and pesticide residues on foods.
• Growth Energy, a biofuels trade association, in providing regulatory and litigation assistance in connection with efforts to relieve regulatory restrictions on marketing of blends of gasoline and 15 percent ethanol (E15), and in connection with EPA rulemaking proceedings concerning the Renewable Fuels Standard.
• Gasoline blender in defending against an enforcement action concerning compliance with reformulated gasoline rules.
• The Chemical Users Coalition, providing guidance and insight on developments in US chemical regulatory policy and legislation to major manufacturers of products in the aeronautics and electronics sectors that depend on the availability of the latest developments in innovative chemistries.
• Intelligent Global Pooling Systems (iGPS), the owner/operator of the country's only rental pool for recyclable plastic shipping pallets, in providing US and international regulatory counseling and legislative advice, including a multi-year initiative to persuade EPA and various US states to fashion regulatory actions that enable the continued use and recycling of responsibly manufactured products including certain "expedited regulations" required by the 2016 amendments to the Toxic Substances Control Act.
• Small engine manufacturer in defending against both an enforcement action brought by EPA and the California Air Resources Board and a related consumer class action.
• Trade Associations representing the major suppliers of commercial and consumer use products such as the American Cleaning Institute and Consumer Brands Association (formerly Grocery Manufacturers Association) on chemical regulatory, labeling, ingredient disclosure, Proposition 65, and legislative reform issues.
• The Mosaic Company in addressing a range of regulatory, permitting and compliance issues related to various air emissions and greenhouse gases.
• Global truck and engine manufacturer regarding a wide range of regulatory, recall and enforcement matters.
• Several national retail chains regarding Proposition 65 claims for exposure to phthalates (DEHP, DBP, DINP) in everyday household products, including kitchenware, tools, fashion accessories, and electronic, as well as in regulatory compliance strategies.
• POET, a leading renewable fuels manufacturer, in a range of regulatory compliance, rulemaking and litigation matters, including assisting in addressing issues regarding development of advanced cellulosic biofuels technology.
• Large ethanol manufacturer in regulatory proceedings and litigation concerning registration requirements for cellulosic ethanol production.
• Intelligent Global Pooling Systems (iGPS), the owner/operator of the country's only rental pool for recyclable plastic shipping pallets, in providing US and international regulatory counseling and legislative advice.
• Bayer CropScience in resolving legacy liabilities associated with a former arsenic-based pesticide manufacturing operation in central New Jersey. Our role includes providing strategic advice, interaction with state agencies and providing regulatory and litigation support concerning all aspects of negotiation with approximately 35 impacted property owners, public utilities and local governments.
• Automobile trade association in litigation concerning preemption of state and local tampering laws.
• Major oil and gas company in completing comprehensive evaluations of the climate in selected US jurisdictions for carbon capture, utilization and sequestration (CCUS) projects. We analyzed the favorability of the jurisdictions for CCUS projects and summarized lessons learned from ongoing, proposed and failed CCUS projects across the jurisdictions.
• Major motorcycle, ATV and marine engine manufacturer regarding US, EPA and California regulation and enforcement of emissions requirements.
• Global Pharmaceutical Company in regulatory and compliance advice under the Clean Air Act on a variety of issues, including compliance relating to chemical hazard response planning and deadlines for phasing out certain categories of ozone-depleting substances regulated under the Clean Air Act and the Montreal Protocol.
• Leading fertilizer producer in defending against both US EPA claims for NSR/PSD violations and claims for violations of hazardous air pollutant requirements.
• A number of the nation's leading trade associations on matters concerning regulatory developments undertaken by EPA pursuant to TSCA and FIFRA, as well as state and federal legislative developments affecting product content, ingredient disclosure requirements and labeling standards.
• Fortune 500 energy company in compliance and enforcement matters concerning gasoline regulations, alternative fuels and regulatory adherence.
• A number of the nation's leading makers of pesticide and antimicrobial products that are regulated under FIFRA by the EPA and the FDA on registration and authorization matters, administrative challenges, and enforcement and penalty proceedings; providing counsel on manufacturing and marketing standards applicable to various manufactured articles; and seeking food additive regulations (tolerances) and exemptions for food packaging materials and pesticide residues on foods.