Compliance Counseling, Site Remediation and Enforcement Defense

• Lead counsel on a complex groundwater, soil and vapor intrusion Superfund site — the first in the nation to be listed on the National Priorities List solely for the subsurface (vapor) intrusion pathway — negotiating administrative orders on consent with EPA and state agencies, agreements with on- and off-site property owners and municipalities, and support of solar installation for green remediation powering groundwater and vapor intrusion mitigation systems.
• Representing manufacturing and chemical industry clients at Superfund, RCRA and state Brownfield and voluntary action program cleanup sites across the country, serving as coordinating counsel and participating on legal, steering, allocation and technical committees.
• Responding to CERCLA and other federal and state information requests.
• Managing and mitigating PFAS risks at multiple sites, closely coordinating with leading PFAS remediation experts and leading investigations into historical and current PFAS use, storage, disposal and discharges.
• Defending a manufacturing client in the PFAS aqueous film-forming foam (AFFF) Multi District Litigation in South Carolina based on alleged PFAS use and discharge.
• Supporting clients in the federal rulemaking public comment process and negotiating with EPA and members of U.S. Congress to advance common-sense regulations.
• Evaluating EPA and state agency inspection reports under RCRA and CERCLA and negotiating resolutions of notices of violation and other enforcement orders.
• Providing emergency response support for facilities experiencing chemical and petroleum releases, assisting with short- and long-term reporting obligations, managing agency site inspections, working closely with consultants to address release impacts and negotiating federal and state settlements.
• Successfully resolving CWA citizen suit notices of intent to sue using a unique pre-litigation settlement model that  caps attorney and expert fees, mitigates environmental risks, improves facility operations and performs supplemental environmental projects.
• Resolving asbestos removal projects through regulatory compliance reviews, environmental audits and voluntary self-disclosures to mitigate penalties.
• Counseling on product stewardship and defending against California Proposition 65 claims, including successful dismissal of a PFAS Prop 65 notice of violation.
• Providing legal and public relations counseling to mitigate risks from media, residents and governmental agencies at active operations and sites with historical contamination.
• Negotiating access, cost-sharing, indemnity, tolling and joint defense agreements in a variety of contexts.
• Evaluating HFC usage and reduction opportunities and negotiating agreements with federal and state agencies.
• Pursuing practical, common-sense resolution of disputes through negotiation, mediation and other alternative dispute resolution processes to avoid costly litigation and mitigate long-term risks.

Mobility Practice: On-and Off-Road Mobile Source

• Counseling on-road OEMs, including established companies and startups, to bring new compliant products to market, including battery electric vehicles (BEVs), plug-in hybrid electric vehicles (PHEVs) and fuel cell vehicles, including negotiating with EPA and CARB on Clean Air Act and California statutory and regulatory interpretations and engine and equipment certifications.
• Negotiating resolution of enforcement cases with EPA and CARB involving on-road passenger and light-duty trucks, small off-road equipment (SORE), medium- and heavy-duty trucks, and off-highway recreational vehicles (OHRVs) on matters including certification, labeling, warranties, recalls and testing requirements.
• Securing EPA import exemptions for foreign, non-certified testing and display vehicles.
• Evaluating company-wide compliance with mobile source regulations and advising on risk mitigation, including certification options and voluntary self-disclosures under federal and California self-policing policies.
• Working closely with the firm’s Transportation practice group to advise on vehicle safety issues under National Highway Traffic Safety Administration (NHTSA) regulations, including complete vehicle homologation.

Transactions

• Counseling clients on company and property transactions, including efficient evaluation of environmental issues and negotiation of purchase and sale agreements, cost-short and indemnity agreements, and insurance policies.
• Identifying and proactively mitigating risks at former manufacturing facilities, and negotiating leases to protect clients from current and future liability, ensuring that other parties perform investigations and implement remedial measures to protect workers and business interests.
• Advising a wide range of manufacturing, industrial and other commercial clients on achieving and maintaining protections under federal and state prospective purchaser laws and regulations.
• Evaluating historical investigations and remedial actions and advising lending institutions during loan financing, refinancing and other financial transactions.
• Assisting with NEPA compliance and property transactions through tribal outreach, endangered species evaluations and coordinating with state historic preservation offices (SHPOs).

Environmental Justice Defense

• Advise and counsel clients at various Superfund sites on proactive environmental justice strategies.
• Assist manufacturing client with environmental justice components of air permitting applications.