Environmental Compliance and Counseling
Clients frequently turn to Arnold & Porter when their most difficult, novel or costly regulatory questions confront them. We assess advice on challenging regulatory questions, negotiate and obtain environmental permits and approvals for complex development projects, and identify and manage product supply chain issues. We also assist clients in developing and implementing company compliance programs and management systems, including "self-audits" and other types of internal reviews. Our attorneys are experienced and adept at teaming with in-house staff, often serving in an advisory capacity to resolve questions not previously faced by the client. Across the full spectrum of environmental fields—air quality and climate change, infrastructure and permitting, natural resources, land use, chemicals, and more—we combine our legal know-how and experience as former senior government agency officials with an integrated problem-solving approach to address our clients' most complex regulatory challenges.
Unparalleled Expertise: Our attorneys have an in-depth understanding of the full scope of environmental law, including laws governing emissions and wastes (such as the Clean Air, the Clean Water Act and RCRA); contaminated sites (such as CERCLA and OPA); chemicals (such as TSCA and FIFRA); infrastructure and permitting (such as NEPA and ESA); and similar state laws.
Comprehensive & Creative Strategies: Clients seek out our attorneys for innovative approaches to solve complex environmental issues such as site remediation; compliance counseling; advocacy related to proposed rulemakings, climate change and sustainability; crisis management; and all aspects of corporate and real estate transactions, including due diligence and environmental liability transfers.
Extensive Government Experience: Many of our partners have served in distinguished roles in federal or state government, including the Environmental Protection Agency and the US Department of Justice. We understand how government works and we have the credibility and reputation for integrity to effectively advocate on behalf of our clients.
Experience Highlights
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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.
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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.
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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.
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The Mosaic Company in addressing a range of regulatory, permitting and compliance issues related to various air emissions and greenhouse gases.
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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.
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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.
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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.
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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.
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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.
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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.
