Regulatory

• Assisted a utility client with Title V permit compliance and efforts to opt-in to Ohio’s NOx allowance trading program.
• Assisted numerous clients in Ohio and other states with compliance with Title V permitting requirements, including applicability assessments, completing applications and negotiating terms and conditions.
• Represented a company in successfully obtaining permits and approvals to construct co-generation power plant in Rhode Island involving PSD permit hearing and two week hearing to obtain Coastal Resources Management Act approval, which included two appeals to Rhode Island Supreme Court.
• Advised a manufacturing company on carbon management program, including carbon footprinting protocols.
• Advised a client concerning liability stemming from NRC-licensed operations, including liabilities relating to low level radioactive waste, and NRC and applicable state requirements for handling, storage and disposal of radioactive materials.
• Advised clients on risk management issues relating to transportation and disposal of low-level radioactive materials and transportation and processing of enriched uranium.
• Advised a company concerning neighbor complaints about solvent odors from painting operations.
• Represented a mining company in Ohio in effort to obtain air and wastewater permits for new surface mine.
• Assisted a client in obtaining air permits to install within thirty days for a significant plant modification to a major air emissions source pursuant to Rhode Island’s expedited permitting program.
• Counsels business entities regarding permitting and compliance requirements under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Toxic Substances Control Act and analogous state programs.
• Advising a manufacturer of diesel fire pump engines on compliance with emission standards in the California Airborne Toxic Control Measure (ATCM) for Stationary Compression Ignition Engines that threatened to halt sales into California.
• Advising manufacturing client on compliance with U.S. EPA emission standards, labeling, record-keeping and certification requirements applicable to engines for handheld and non-handheld hydraulic tools.
• Drafting comments on behalf of fire pump engine manufacturer on proposed New Source Performance Standard for New Compression-Ignited Stationary Internal Combustion Engines.
• Negotiating CARB approval for emission estimates for direct-drive fire pump engines in lieu of testing.
• Drafting comments on proposed U.S. EPA emission standards for irrigation pump engines.
• Advises engine manufacturers on compliance issues relating to the Clean Air Act mobile source requirements, including labeling, production line testing, and use of equipment manufacturer flexibility program.
• Advises clients concerning compliance with the Federal Endangered Species Act, including Indiana Bat issues affecting development projects in Ohio and Kentucky and a California development project affecting several protected species.
• Assisted a client concerning environmental aspects of initial public offering related to Integrated Gasification Combined Cycle (IGCC) plants.
• Assists companies in evaluating and developing environmental management systems and corporate compliance programs.
• Assists companies in establishing and implementing EH&S compliance auditing programs.
• Represented numerous clients in preparation of environmental impact statements and proposed findings of no significant impact under NEPA and analogous state programs including energy and development projects.
• Represent a municipality challenging Coast Guard’s Environmental Assessment and proposed FONSI for bridge project.
• Provided advice on E.U. REACH legislation to U.S. manufacturing companies with E.U. operations.

Site Remediation and Brownfields Redevelopment

• Represents clients in numerous cleanup projects across the U.S. under state mandatory and voluntary programs, including: cleanups under Ohio Voluntary Action Program; significant cleanups of manufacturing properties in New Jersey under the Industrial Sites Recovery Act; an extensive investigation and cleanup initially under the voluntary provisions of the Connecticut Transfer Act and later under the mandatory provisions of the Act; a cleanup of contaminated groundwater at our client’s formerly owned property in Florida with oversight by the Florida Department of Environmental Protection; a cleanup of PCB contaminated soil at our client’s formerly owned property in Michigan under the Michigan Part 201 cleanup program; and cleanup of contaminated property in Massachusetts involving a fixed price contract with the remediation contractor backed up by cost cap insurance policy.
• Represented a company in RCRA closure and corrective action in Michigan under consent agreement with U.S. EPA and negotiated settlement with former owner of the property requiring former owner to take back title to property, assume responsibility for closure and corrective action, and reimburse past costs.
• Represented an Ohio municipality in the purchase and redevelopment of abandoned brownfield properties.
• Assisted private and governmental clients with obtaining grants under the Clean Ohio Revitalization Fund.
• Serves as partner legal adviser to an international manufacturing company in connection with consolidation of U.S. facilities resulting in investigation and cleanup of closed facilities across the country under mandatory and voluntary programs and provides assistance on environmental aspects of sale or gifting of such properties.

Litigation and Enforcement Defense

• Represent a potentially responsible party in state and federal action to clean up the Lower Passaic River in Newark, New Jersey and to recover natural resources damages.
• Represent a defendant in claim by homeowners and homebuilder on former skeet shooting range property.
• Represented one of two defendants in White River (Indiana) fish kill case involving federal, state and class action claims seeking civil damages and penalties exceeding $50 million and federal criminal prosecution under the Clean Water Act.
• Federal court judge granted summary judgment in favor of our client on enforceability of limit of liability and indemnification provisions (protecting our client) in consulting services agreement.
• Represented a manufacturing company in enforcement action brought by Rhode Island Department of Environmental Management for alleged air permit violations over a ten-year period, which were resolved in consent agreement.
• Represented a manufacturing company in enforcement action brought by Connecticut Department of Environmental Protection for alleged solid waste disposal violations on client’s property, which were resolved in consent agreement.
• Represented a food processing company in enforcement action by a publicly owned treatment works in Illinois for alleged wastewater permit violations resulting in settlement after show cause hearing.
• Represented a client in arbitration concerning industry claim for breach of representations and warranties concerning wastewater discharges from purchased facility.
• Represented an Ohio city in U.S. EPA RCRA enforcement action, which was settled for $123,000 after $3.2 million initial penalty demand.
• Represented a pharmaceutical manufacturing company in U.S. EPA RCRA enforcement action in which U.S. EPA sought damages of $250,000 and costly injunctive relief; U.S. EPA dismissed three of six counts and all injunctive relief and settled for $20,900 after neutral ALJ ruled in client’s favor in non-binding arbitration.
• Liaison counsel for CERCLA defendants in United States v. Erie Coatings, et al., U.S. District Court, E.D. Michigan and represents clients in numerous other Superfund matters.
• Represented the plaintiff in a CERCLA cost recovery and contribution action against contractors, transporters and generators responsible for illegal dumping on the plaintiff’s property.
• Assists clients in OSHA enforcement actions, including fatality case at an Ohio manufacturing facility.

Transactions

• Conducted extensive due diligence on state permitting and regulatory issues, including endangered species, stream crossings, noise and shadow flicker impacts, and other OPSB requirements for tax equity investment in 66-megawatt wind farm developed in Northern Ohio.
• Represents clients in the environmental aspects of corporate and real estate transactions, financings and other transactions, including due diligence and contract negotiations. Representative experience includes purchase of company with six steel mini-mills and 19 fabricating facilities in the southeast; hostile takeover of a multibillion dollar electronics company; asset purchase of 13 shoe manufacturing facilities in the midwest; proposed $13 billion merger of two telecommunications companies involving due diligence of more than 100 properties in a short timeframe; asset purchase of printing operations across the United States; privatization and IPO of chemical company in Israel; and represented underwriters in IPO of various REITs, including portfolios of shopping centers, mobile home parks, golf courses and manufacturing facilities.
• Assisted numerous companies during property transfers and plant closings in all aspects of compliance with the country’s most burdensome transfer act laws, the New Jersey Industrial Sites Recovery Act (ISRA) and the Connecticut Transfer Act, including applicability determinations, and completing required investigations and cleanups. Also assisted clients during transactions with compliance with Michigan Part 201 program, including baseline environmental assessments, Section 7(f) “due care” reports, investigations and cleanups. Assisted clients in compliance with Ohio’s Cessation of Regulated Operations law.
• Assisted port authority with negotiations of environmental provisions in agreement for sale/leaseback transaction.