Our firm's reputation and experience with federal agencies such as EPA, FERC and the Interior Department as well as with the White House allow our Environmental Strategies practice to fashion tailored solutions to complex regulatory challenges. Notably, our team includes senior officials from EPA, including the former assistant administrator for air and radiation, a former acting general counsel, and a former associate administrator for congressional and intergovernmental relations.
We have longstanding working relationships with regulators at the EPA, the Army Corps of Engineers, the Texas Commission on Environmental Quality, and many other agencies. Our knowledge of key decision-makers informs and improves our representation of clients in obtaining air, water and waste permits, handling enforcement and rulemaking proceedings and participating in the development of significant environmental policies.
While our attorneys emphasize preventive counseling and environmental risk management, we are deeply experienced in responding when clients become the target of an enforcement action, a demand for information, or litigation. We provide swift, effective advice on environmental audits and audit disclosures, and help create responsive environmental compliance-management programs. On behalf of individual client employees, we offer effective defense in civil and criminal actions brought under the Clean Air Act, the Toxic Substances Control Act, the Clean Water Act and other statutes.
Representative Matters
Provided strategic advice to a major electric utility regarding potential settlement with EPA regarding company-wide, multi-jurisdictional enforcement cases brought under NSR.
Defended to a favorable settlement the largest civil enforcement action ever commenced under Title VI of the Clean Air Act. The case involved a nationwide enforcement action under the Clean Air Act's ozone-depleting substances requirements and involved twenty-two industrial facilities in eighteen states.
Represent, in negotiations with EPA and DOJ, a leading independent refiner and marketer of petroleum products, in defending an EPA corporate-wide enforcement action alleging violations of the New Source Review (NSR) provisions of the Clean Air Act. This representation includes providing NSR litigation risk analysis and counter arguments to EPA alleged violations.
Ongoing representation of a glass manufacturer in settlement discussions stemming from alleged NSR violations and related air permitting matters.
Obtained favorable settlement for industrial gases company in national enforcement initiative concerning CFC rule compliance.
Handled the response to a major fire and subsequent cleanup activities at a Houston oilfield chemical supply warehouse. The incident involved extensive media coverage, a seven-mile plume of contaminated surface water from the discharge of millions of gallons of firefighting water, response to numerous federal, state, county and city agencies, and the handling and disposal of hundreds of truckloads of solid and hazardous wastes.
Advised a leading nanotechnology company on strategies for managing environmental and workplace safety issues raised by the production, distribution and disposal of nanoscale materials.
Strategic advice to a major electric utility regarding potential settlement with EPA regarding company-wide, multi-jurisdictional enforcement cases brought under NSR.
Defended a major TSCA enforcement action against an international chemical company and achieved a comprehensive settlement of all issues after the voluntary withdrawal of multiple counts on the basis of expert technical analysis.