Regulatory Compliance Counseling and Permitting

Representation of clients with respect to permitting and compliance requirements under the Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act, Emergency Planning & Community Right-to-Know Act, Toxic Substances Control Act, Federal Insecticide Fungicide and Rodenticide Act, National Environmental Policy Act, Endangered Species Act, The Rivers & Harbors Act, Occupational Safety and Health Act and analogous state programs. Representative experiences include:

• NPDES permit counseling and permit appeals.
• Wetlands regulatory counseling and appeals.
• Clean Air Act regulatory counseling and permitting.
• Regulatory counseling relating to the generation, transportation, storage, handling and disposal of solid and hazardous wastes.
• Representation of clients in RCRA Corrective Action matters.
• Representation of clients in hazardous waste facility closures.
• Regulatory counseling relating to the operation and closure of underground and aboveground storage tanks.
• Regulatory counseling relating to solid waste landfill permitting, operations and closures.
• Assisted private and governmental clients with obtaining grants from the Clean Ohio Revitalization Fund.
• Regulatory counseling relating to NEPA, ESA, and MMPA applicability to BOEMRE permitting of deep water oil wells located in the Gulf of Mexico.
• Regulatory counseling relating to NEPA applicability to WV highway project.
• Transfer of environmental permits and authorizations in connection with numerous changes in facility and business ownership.
• Regulatory counseling relating to the siting and operation of concentrated animal feeding operations in Ohio, Michigan and North Carolina.
• Assisted redevelopment entity in addressing regulatory issues arising from various radioactive materials in conversion of Department of Defense facility to civilian industrial/commercial park use.
• Assisted redevelopment entity in addressing regulatory issues arising from conversion of Navy facility to civilian industrial/commercial use.
• Assisted client in addressing environmental remediation liabilities arising from conversion of Air Force bulk petroleum storage facility to civilian industrial/commercial use.
• Advised 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, transportation and disposal of radioactive materials.
• Pesticide regulatory counseling and prosecution of pesticide licensing in the United States and Canada.
• Assists clients in evaluating and developing environmental management systems and corporate compliance programs.
• Conducts and directs environmental, health and safety audits.
• Advised company concerning neighbor complaints stemming from acid mist emissions associated with pulp and paper operations.
• Assisted clients in federal and state OSHA enforcement actions stemming from health and safety violations, serious employee injuries and employee fatalities.
• Assisted numerous clients in self-disclosures of CAA, CWA, RCRA, and EPCRA violations under federal and state environmental audit policies.
• Negotiation and oversight of cleanup terms and standards associated with legacy manufacturing sites in multiple jurisdictions, including Ohio, California, Massachusetts, North Carolina, South Carolina, New Hampshire, Connecticut, and New Jersey.
• Preparation of comments to proposed U.S. EPA rule makings impacting the electric utility industry under the CAA, CWA, and RCRA.
• Assisted clients with Proposition 65 compliance and enforcement matters.

Corporate and Real Estate Transactions

Representation of clients in all environmental aspects of real estate and corporate transactions, financings and other transactions, including strategic counseling, due diligence, contract negotiations and post-closing indemnification issues. Representative experiences include:

• Representation of clients in their acquisition and divestiture of real property and businesses in a variety of industrial sectors, including pulp and paper, foundries, chemical manufacturing, lift truck manufacturing, tool manufacturing, heavy equipment manufacturing, pump manufacturing, cardboard manufacturing, commercial finance, auto repair and packaging equipment manufacturing.
• Representative of tire and battery retailer in multiple acquisitions of dozens to hundreds of retail locations in dozens of states.
• Representation of lending institution in acquisition of more than 500 branch offices.
• Assisted municipal redevelopment and government contractor interests relative to privatization of Department of Defense facilities.
• Representation of clients in state Voluntary Action programs and Brownfields programs, including the Ohio Voluntary Action Program, Indiana Brownfields Program, the Pennsylvania Act 2 program, and the Massachusetts Contingency Plan and 21E.
• 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.

Litigation

Representation of clients in federal and state civil, administrative and criminal proceedings. Representative experiences include:

• Defense of criminal prosecutions in connection with alleged unlawful industrial wastewater discharges to storm sewers and waterways; tampering with wastewater sampling protocols; and waste management associated with livestock operations.
• Defense of various Clean Water Act, Clean Air Act, EPCRA, FIFRA and RCRA administrative enforcement actions, as well as Clean Water Act, Clean Air Act, and RCRA citizen suits.
• Defense of chemical manufacturer in a multimillion dollar DOJ/U.S. EPA civil enforcement action for alleged RCRA violations stemming from accumulation of hazardous waste in railcars.
• Defense of chemical manufacturer in OSHA enforcement action for alleged violations of Process Safety Management requirements.
• Defense of multiple employers in OSHA enforcement actions triggered by serious employee injuries and fatalities.
• Defense of chemical manufacturer in million dollar U.S. EPA civil enforcement action for alleged violations of FIFRA product labeling requirements.
• Defense of chemical manufacturer in U.S. EPA RCRA enforcement action in which the agency 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 ALS ruled in client’s favor in non-binding arbitration.
• Representation of “Potentially Responsible Parties” in numerous state and Federal CERCLA proceedings, including cost recovery actions.
• Defense of large appliance manufacturer in toxic tort actions regarding alleged unlawful land disposal practices concerning PCBs and coatings.
• Defense of criminal prosecutions in connection with alleged violations of asbestos inspection and abatement requirements related to building renovations and demolitions.
• Representation of defendant in claim by homeowners and homebuilder on former skeet shooting range property. 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.
• Representation of livestock operation in lease/contract dispute with landlord and business partner.
• Representation of municipal water authority in recovery of damages caused by nearby manufacturing operations that contaminated the municipality’s drinking water well field.

Specific Industry Experience

Pulp and paper, agriculture, foundry, chemical manufacturing, precision rubber parts, large appliance manufacturing, lift truck manufacturing, highway construction components, hardware and tools manufacturing, tire and battery retail, waste management, energy extraction and refining, heavy equipment manufacturing, packaging manufacturing, electric generating utilities, tire and rubber manufacturing.