CIVIL ENFORCEMENT EXPERIENCE
- For a national printing company, challenged an Indiana Title V air permit, preventing the agency from imposing costly new production limits and monitoring requirements and saving our client an extraordinary expense of over $400,000 every five years.
- For an electric utility client, convinced an agency, despite public protests by several environmental advocacy groups, to remove our client from an expansive new rulemaking—saving our client over $45 million in unnecessary control costs.
- Settled for $1 million a multimillion-dollar PSD/New Source Review air enforcement action brought by U.S. EPA and West Virginia against a sulfuric acid plant.
- Convinced U.S. EPA not to bring a national New Source Review air enforcement action against a wood products company.
- Settled a multimillion-dollar New Source Review air enforcement action brought by the Illinois attorney general's office and Illinois EPA against a steel mill for $50,000, and recovered half of the amount for our client from a former operator.
- Handled the most extensive administrative hearing in Georgia history defending a water discharge permit for a $400 million facility that is critical to responsible regional growth. Successfully defended the administrative law judge’s key, favorable holdings before the appellate court and obtained the final permit in 2006.
- Advising three different major U.S. cities on threatened or actual DOJ and EPA wastewater enforcement.
- Advising two different major manufacturing companies on compliance with complex total maximum daily load issues (PCBs and nutrients), both involving cross-boundary water quality standards being implemented pursuant to federal consent decrees.
- Successfully defended a mining client’s Section 404 wetlands permit challenge, convincing the plaintiffs to withdraw the complaint and allowing mining to proceed without interruption.
- In connection with the San Gabriel Valley Superfund sites, at which interim remedial costs were estimated to be in excess of $75 million, achieved unique settlements with EPA, DTSC and other plaintiffs that broadly preclude any future third-party claims and resulted in over $16 million in federal funding towards treatment costs, with combined contributions from our clients totaling approximately one percent of the estimated response costs.
- In an agency enforcement action for 18 hazardous waste sites, negotiated potential multimillion-dollar penalties down to $250,000. In a related case, we recovered a total of $6.5 million for the client from its former insurance carriers for cleanup costs at these sites.
- Handled self-disclosure and EPA negotiations for a client that discovered potential EPCRA violations at 71 facilities in 20 states across eight EPA regions. Obtained a no-penalty determination.
- National counsel to a major transportation company and a major appliance manufacturer for Superfund sites across the country.
- Common counsel at a broad range of multiparty sites around the country.
CRIMINAL ENFORCEMENT EXPERIENCE
- Defended a criminal proceeding in San Diego pertaining to alleged hazardous materials transportation violations; succeeded in getting the case dismissed on federal preemption grounds.
- Defended an RCRA criminal enforcement action by the California EPA, persuading the agency to not only drop the criminal charges against our client, but also forego any civil enforcement.
- Representation of a used oil-recycling business in criminal RCRA violations linked to a worker’s death and fire, resulting in the company paying a $150,000 fine and the president receiving a downward variance from his recommended guideline sentence.
- Representation of a pesticide manufacturer in the local prosecutor’s criminal investigation of pesticide exposure in drinking water; the matter resulted in no criminal charges being filed.
- Handled all aspects of a major RCRA criminal investigation by EPA and DOJ relating to the alleged improper storage and disposal of acid and negotiated a non-criminal civil penalty.
- Representation of a bottling company that discovered historical storm water discharge violations through audit and self-reported violations to a state agency, resulting in no enforcement action by the agency.
- Representation of an executive of a chemical company for alleged Clean Air Act violations of ozone-depleting substance leak-prevention regulations and grand jury obstruction, resulting in no criminal charges filed against the executive or company.
- Representation of a container ship officer for falsification of a vessel’s oil record book designed to cover up oil pollution discharged in violation of an international treaty (MARPOL), resulting in a guilty plea and a $1,500 fine, one year of probation and no jail time.