Health and Safety Defense and Counseling

• Defend numerous employers in manufacturing, warehousing and many other industries in all phases of OSHA enforcement, including inspections, information requests, informal conferences, enforcement actions and appeals as well as employee complaints and whistleblower investigations.
• Defend various employers in several industries in OSHA matters nationally.
• Manage investigations and enforcement defense related to serious injury incidents and facilities.
• Counsel employers on all aspects of health and safety regulatory compliance.

Environmental Counseling/Permitting

• Conduct and direct environmental, health and safety audits.
• Develop and participate in the enhancement of environmental management systems.
• Counsel chemical manufacturers and importers on TSCA mandates, including assistance navigating the PMN process.
• Pesticide regulatory counseling and prosecution of pesticide licensing for manufacturers.
• Assist national manufacturers develop comprehensive, internal EPCRA Toxic Release Inventory reporting compliance systems.
• NPDES permit counseling and permit appeals.
• Wetlands regulatory counseling and appeals.
• Clean Air Act regulatory counseling and permitting.
• Regulatory counseling relating to landfill operations and closure.
• Assist redevelopment entity address regulatory issues arising from various radioactive materials in conversion of government nuclear defense facility to civilian industrial/commercial park use.
• Representation of manufacturers in RCRA Corrective Action matters.

Litigation

• Defense of civil, administrative and criminal environmental, health and safety enforcement proceedings as well as rulemaking appeals.

Cases

• Defend employers in many industries in more than 125 OSHA enforcement actions across the nation.
• Representation of national trade association in judicial appeals of several federal rulemakings under the Clean Water Act and Clean Air Act.
• Defense of various Clean Water Act, Clean Air Act, EPCRA, FIFRA as well as RCRA enforcement actions and citizen suits.
• Representation of Potentially Responsible Parties in numerous state and federal CERCLA proceedings.
• Defense of trade association and individual industry members in toxic tort actions.
• Defense of aquaculture interests in health agency enforcement proceedings related to characteristics of feedstock.
• Representation of buyers and sellers in contractual actions concerning remedial cost recovery.

Transactions

• Conduct and direct due diligence, including Phase I and Phase II environmental site assessments, negotiation and strategic counseling in corporate and real estate transactions.

Representative Experience

• Several acquisitions for tire and battery retailer of dozens to hundreds of retail locations in dozens of states.
• Acquisitions and divestitures of various types of industrial facilities, including pulp and paper, energy, aerospace, and foundry facilities.
• Assist municipal redevelopment and government contractor interests in negotiations and transactions relative to privatization of federal facilities (both Department of Energy and Department of Defense).
• Represent buyers and sellers in redevelopment of brownfield properties.
• Develop, negotiate and implement various post-closure environmental escrow agreements.

Specific Industry Experience

• Pulp and paper, chemical, steel, tire and rubber, warehousing, automotive, foundry, energy, aerospace, agriculture, colleges and universities, health care institutions, hardware and tools manufacturing, agribusiness, municipal utilities, highway construction components, tire and battery, electronic components, waste management.