Compliance Counseling, Site Remediation and Enforcement Defense
- Leading counseling on complex groundwater, soil and vapor intrusion Superfund site, the first in the nation to be listed on the National Priorities List for the subsurface (vapor) intrusion pathway alone, negotiating administrative orders on consent with EPA and state agencies, agreements with on- and off-site property owners and municipalities.
- Representing manufacturing and other chemical industry clients at Superfund sites across the country, serving as coordinating counsel and on legal, steering, allocation and technical committees.
- Managing and mitigating PFAS risks at several sites and closely coordinating with leading PFAS remediation experts.
- Supporting clients in the federal rulemaking public comment process and negotiating with EPA and members of the U.S. House and Senate to support common-sense regulations.
- Evaluating EPA and state agency inspection reports under RCRA, CERCLA and RCRA and negotiating resolutions of notices of violation and other enforcement orders.
- Successfully resolving CWA citizen suit notices of intent to sue using unique pre-litigation settlement model to cap attorney and expert fees, mitigate environmental risks, improve facility operations and perform supplemental environmental project.
- Resolving asbestos removal projects through regulatory compliance, environmental audits and voluntary self-disclosures to mitigate penalties.
- Counseling on product stewardship and defending and resolving federal Consumer Product Safety Act, California Proposition 65 and other state law claims.
- Providing legal and public relations counseling to mitigate risks from media, residents and governmental agencies at active operations and sites with historical contamination.
- Coordinating sites through state voluntary remediations under various state programs.
- Negotiating access, cost-sharing, indemnity tolling and joint defense agreements in a variety of contexts.
- Evaluating HFC usage and opportunities for reduction and negotiating agreements with federal and state agencies.
- Resolving disputes through negotiation, mediation and other alternative dispute resolution processes to avoid costly litigation while mitigating 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 the market, including battery electric vehicles (BEV), plug-in hybrid electric vehicles (PHEV) 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 for on-road passenger and light-duty trucks, small off-road equipment (SORE), medium- and heavy-duty trucks, and off-highway recreational vehicles (OHRV) 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 options for certification 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 pursuant to National Highway Traffic Safety Administration (NHTSA) regulations, including complete vehicle homologation.
- 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.
- Assisting with NEPA compliance and property transactions through tribal outreach, endangered species evaluations and coordinating with state historic preservation offices (SHPOs).
- Identifying and proactively mitigating risks at former manufacturing facilities and negotiating leases to protect clients from current and future liability and ensuring that other parties perform investigations and take remedial measures to protect workers and business interests.
- Evaluating historical investigation and remedial actions and advising lending institutions during loan financing, refinancing and other financial transactions.
- 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.
- “DOJ Unveils Comprehensive EJ Strategy and Revives SEPs,” Thompson Hine Environmental Update, May 2022
- “U.S. EPA Unveils Whole-of-Government PFAS Strategic Roadmap,” Thompson Hine Environmental Update, October 2021
- Thompson Hine Mobility Matters Quarterly, October 2021
- “PFAS Development and Strategies: Ounces of Prevention or Pounds of Cure?,” Air & Waste Management Association, EM Magazine, June 2021
- “EPA Issues Proposed Rule for HFC Phasedown Under 2020 AIM Act,” Thompson Hine Environmental Update, May 2021
- “U.S. EPA Reaffirms Commitment to Environmental Self-Disclosure Audit Policy with Updated FAQ,” Washington Legal Foundation, March 2021
- Quoted in “Environmental law complex, crucial to healthy society,” Cleveland Jewish News, August 11, 2020
- “Enviro Settlements Offer Solution To Growing Citizen Suit Risk,” Law360, June 2020
- “U.S. EPA Issues Guidance for Temporary Enforcement Discretion During COVID-19 Pandemic,” Thompson Hine COVID-19 Update, March 2020
- “PFAS Regulation and Sampling Continue to Heat Up,” Chemical Industry Regulatory Update, January 2020
- “PFAS Regulatory & Legislative Actions Update,” Thompson Hine Environmental Update, January 2020
- “Ohio EPA and Department of Health Issue PFAS Action Plan for 2020 Implementation,” Thompson Hine Environmental Update, December 2019
- “Governor DeWine Orders State Agencies to Develop PFAS Action Plan for Drinking Water Sampling in Ohio,” Thompson Hine Environmental Update, October 2019
- “EPA Unveils PFAS Chemical Action Plan: Drinking Water and Environmental Remediation Impacts,” Thompson Hine Environmental Update, February 2019
- “‘eDisclosure’ of EPA Violations: Weighing Pros, Cons,” Bureau of National Affairs, Daily Environment Report, July 2016
- “EPA Launches eDisclosure System,” Thompson Hine Environmental Update, January 2016
- “EPA to Modernize Audit Policies with eDisclosure System,” Thompson Hine Environmental Update, June 2015
- “Fractured High Court Issues Limited Ruling in Ohio Oil and Gas Preemption Case,” Washington Legal Foundation, Vol. 24, No. 4, March 2015
- “EPA Recommends New ASTM Phase I Standard in Final AAI Rule Amendment,” Thompson Hine Environmental Update, January 2014
- “Ohio Court Limits Localities’ Authority Over Energy Exploration,” Washington Legal Foundation, Vol. 22, No. 8, June 2013
- “CERCLA Liability Defense After Supreme Court’s Burlington Northern Decision,” Defense Research Institute: For The Defense, 2009
- “The Diminishing Role of Science in CERCLA After Burlington Northern & Santa Fe,” Bureau of National Affairs, Inc., Environment Reporter, Vol. 21, 2009
- “Litigation and Regulation: The Uncertain Future of Atrazine,” Defense Research Institute: The Voice feature article, Vol. 8, Issue 44, 2009
- “A Well of a Problem: The Legacy of Carbon Tetrachloride in U.S. Groundwater,” Bureau of National Affairs, Environment Reporter, Vol. 38, 2007
- “Divine Intervention: Re-examining the Act of God Defense in a Post-Katrina World,” 82 Chicago-Kent L., Rev. 549, 2007
- “Emerging Contaminants and Talc Litigation – What are the Next Mass Toxic Torts?” International Association of Defense Counsel, Annual Meeting, July 2022
- Panelist, “PFAS Compounds and the Toxics Release Inventory – New Reporting Obligations from the National Defense Authorization Act of 2020,” TRC Webinars, April 22, 2021
- Regular contributor to Thompson Hine’s Environmental L.A.W.S podcast
- “Regulatory Update – The First 100 Days: Environmental Law in the Biden Administration,” ASC Regulatory Affairs Update, April 2021
- “PFAS-ten your Seatbelt: Strategies for Responding to the Fast-Moving Regulation of PFAS Compounds,” International Association of Defense Counsel, Midyear Meeting, February 2021
- “Insights on Environmental Shifts Under the Biden Administration (CERCLA, PFAS and Mobile Sources),” Thompson Hine Webinar, January 26, 2021
- “Beyond NAFTA: Navigating the Impact of USMCA – Labor & Environmental Protections,” Thompson Hine Virtual Roundtable, June 2020
- “Environmental Compliance in a COVID-19 World: Best Practices and Risk Mitigation Strategies,” Thompson Hine Webinar, June 2020
- “PFAS Water Permitting & Compliance Strategies: Tips and Updates to Address the Complex and Ubiquitous Priority Emerging Contaminants,” Manufacturers’ Education Council, 29th Annual Environmental Permitting in Ohio Conference, July 2019
- “PFAS-ten your Seatbelt: Strategies for Responding to the Fast-Moving Regulation of PFAS Compounds,” Ohio State Bar Association, 34th Annual Environment, Energy and Natural Resource Law Seminar, March 2019
- “Prioritize, Incentivize, Revitalize: U.S. EPA’s Ongoing Quest to Reform the Superfund Program,” Cleveland Metropolitan Bar Association, July 2018
- Selected for inclusion in Euromoney’s 2021 Expert Guides: Rising Stars for Environmental Law
- Awarded the Rising Star for Environment by Euromoney’s International Financial Law Review (IFLR), 2021
- Selected for inclusion in The Best Lawyers in America© 2021-2023 for Environmental Law
- CALI Award for Excellence in Torts
- CALI Award for Excellence in Legal Writing
- CALI Award for Excellence in the Environmental Clinic
- Dean’s List, 2004 to 2007
- IADC, Environmental and Energy Law Committee, Vice Chair of Communications
- Ohio State Bar Association, Environmental Law Section, Chair (2021-2023)
- Ohio State Bar Association, Council of Delegates (2014-2018)
- Crown Point Ecology Center, Board Member (2015-2021)
- Chicago-Kent College of Law, J.D., with honors,
executive articles editor, Chicago-Kent Law Review
- University of Iowa, B.A., with distinction,
- Illinois (inactive)
- U.S. District Court for the Northern District of Ohio
- U.S. District Court for the Northern District of Illinois
- Mobility Matters Quarterly – August 2022,
Mobile Source Emissions & Vehicle Safety Update, August 2022
- DOJ Unveils Comprehensive EJ Strategy and Revives SEPs,
Environmental Update, May 23, 2022
- Mobility Matters Quarterly – April 2022,
Mobile Source Emissions & Vehicle Safety Update, April 2022
- Mobility Matters Quarterly – January 2022,
Mobile Source Emissions & Vehicle Safety Update, January 24, 2022
- U.S. EPA Unveils Whole-of-Government PFAS Strategic Roadmap,
Environmental Update, October 28, 2021
- Mobility Matters Quarterly – October 2021,
Mobile Source Emissions & Vehicle Safety Update, October 6, 2021
- Three Thompson Hine Partners Recognized as Rising Stars in Euromoney Legal Media Group’s Expert Guides,
Thompson Hine LLP, August 24, 2021
- EPA Issues Proposed Rule for HFC Phasedown Under 2020 AIM Act,
Environmental Update, May 25, 2021
- U.S. EPA Reaffirms Commitment to Environmental Self-Disclosure Audit Policy with Updated FAQ,
Washington Legal Foundation, March 9, 2021
- Chemical Industry Regulatory Update – March 2021,
A Newsletter from The Adhesive and Sealant Council and Thompson Hine LLP, March 8, 2021