Regulatory

• Counsels clients on hazardous and solid waste compliance issues, including:
  • Generation, transportation, storage, handling, and disposal
  • RCRA Corrective Action
  • Solid waste landfill permitting, operations, closures, post-closure care, and ownership transfers
  • Vape and nicotine products
• Represented a company in successfully terminating Ohio EPA post-closure care requirements for an industrial solid waste landfill.
• Advised clients regarding Ohio’s Environmental Background Investigation Unit (EBIU) requirements for the transfer of ownership of landfills.
• Advised a major automobile manufacturer regarding the solid and hazardous waste requirements associated with recycling and reclamation of lithium ion batteries and related components.
• Represented a major automobile manufacturer and related industry companies concerning the collection, transportation, and disposal of recalled airbag inflators.
• Counsels clients on Clean Water Act and Clean Air Act permitting and compliance issues, including Title V.
• Advises companies regarding the operation and closure requirements for underground and aboveground storage tanks.
• Assists clients with the transfer of regulatory permits and authorizations in connection with changes to facility and business ownership and operations.
• Assists clients with creating internal environmental management systems and corporate compliance programs.
• Assists clients with creating internal EHS audit programs and provides ongoing oversight.
• Assists companies with creating internal industrial hygiene programs and provides ongoing oversight.
• Represents clients in self-disclosures of violations under federal and state environmental audit policies.
• Represents companies in connection with federal and state reporting requirements for reportable quantities of hazardous substances and oil released into the environment.
• Counsels chemical companies regarding RMP compliance issues.
• Assisted numerous companies with brownfields projects, including:
  • Addressing regulatory issues arising from radioactive materials when converting a Department of Defense facility to a civilian industrial/commercial park use.
  • Addressing regulatory issues arising from the conversion of a Navy facility to civilian industrial/commercial use.
  • Addressing environmental remediation liabilities arising from the conversion of an Air Force bulk petroleum storage facility to civilian industrial/commercial use.
  • Obtaining No Further Action letters and Covenants Not to Sue pursuant to Ohio EPA’s Voluntary Action Program and similar programs in other states, such as the Indiana Brownfields Program, Pennsylvania Act 2 program, and Massachusetts Contingency Plan and 21E.
  • Negotiating remediation terms and conditions and providing ongoing legal oversight of legacy manufacturing, brownfields, and contaminated sites in multiple jurisdictions, including Ohio, California, Massachusetts, North Carolina, South Carolina, New Hampshire, Connecticut, New Jersey, Georgia, New York, Michigan, Pennsylvania, and Oklahoma.
• Assisted clients with the siting and operation of concentrated animal feeding operations in Ohio, Michigan, and North Carolina.
• Advised client concerning liability stemming from Nuclear Regulatory Commission (NRC) licensed operations, including liabilities relating to low-level radioactive waste, and NRC and state requirements for handling, storage, transportation, and disposal of radioactive materials.
• Counsels companies regarding pesticide licensing and registration issues in the United States and Canada.
• Advised client concerning the applicability of NEPA, the Endangered Species Act, and Marine Mammal Protection Act to The Bureau of Ocean Energy Management, Regulation and Enforcement permitting of deep water oil wells located in the Gulf of Mexico.
• Advised client concerning NEPA requirements associated with construction of federally funded highway expansion project in West Virginia.
• Advised company concerning neighbor complaints stemming from acid mist emissions associated with pulp and paper operations.
• Assisted client with preparation of comments to proposed U.S. EPA rulemakings impacting the electric utility industry under the Clean Air Act, Clean Water Act, and RCRA.
• Assists clients with California Proposition 65 compliance issues.
• Advised company reclaiming recalled airbag inflators regarding the Ohio requirements for the storage and handling of explosives.

Enforcement and Litigation

• Represents clients in successful defenses of Clean Water Act, Clean Air Act, RCRA, EPCRA, and FIFRA administrative enforcement actions, as well as Clean Water Act, Clean Air Act, and RCRA citizen suits, including:
  • Defended a 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.
  • Defended a chemical manufacturer in a million-dollar U.S. EPA civil enforcement action for alleged violations of FIFRA product labeling requirements.
  • Defended a chemical manufacturer against a U.S. EPA RCRA enforcement action involving a threatened civil penalty exceeding $300,000.
  • Defended a chemical manufacturer against a U.S. EPA RMP enforcement action involving a threatened civil penalty exceeding $300,000.
  • Defended a coating manufacturer against a U.S. EPA Title V and NESHAP enforcement action involving a threatened civil penalty exceeding $450,000.
  • Defended a paper recycling company against a U.S. EPA EPCRA (Tier 2 and TRI) and Clean Water Act enforcement action involving a threatened civil penalty exceeding $100,000.
  • Defended a tool manufacturer against a U.S. EPA Clean Water Act enforcement action involving a threatened civil penalty exceeding $50,000.
  • Defended multiple U.S. EPA and state RCRA enforcement actions involving onsite storage of hazardous waste for more than 90 days.
  • Defended a chemical manufacturer in a 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 a neutral ALS ruled in the client’s favor in non-binding arbitration.
• Assists employers in multiple industries in successfully resolving federal and state OSHA enforcement actions triggered by agency inspections, employee complaints, and serious employee injuries and fatalities.
• Represents chemical manufacturers in OSHA enforcement actions for alleged violations of Process Safety Management (PSM) requirements.
• Represented a client under investigation by the U.S. Chemical Safety Board following a fatal explosion at the company’s manufacturing facility.
• Represented companies in criminal prosecutions connected to alleged unlawful industrial wastewater discharges to storm sewers and waterways, tampering with wastewater sampling protocols, and waste management associated with livestock operations.
• Represented a client in obtaining a marginal liability allocation in a multimillion-dollar CERCLA contribution action brought against the company by Ohio EPA and a Fortune 500 chemical manufacturer to address TCE soil and groundwater contamination at a former manufacturing facility.
• Assists “Potentially Responsible Parties” (PRPs) in federal and state CERCLA proceedings, including cost recovery and contribution actions.
• Defended a major appliance manufacturer against toxic tort and common law claims alleging unlawful land disposal practices concerning PCBs and porcelain coatings.
• Represented defendants in criminal prosecutions connected to alleged violations of asbestos inspection and abatement requirements related to building renovations and demolitions.
• Defended a client against homeowner and homebuilder claims alleging lead exposure associated with a housing development on a former skeet shooting range property. Obtained summary judgment in favor of the client enforcing limit of liability and indemnification provisions in its consulting services agreement.
• Represented a livestock operation in a lease and contract dispute with its landlord and business partner.
• Represented a municipal water authority in recovery of damages from nearby manufacturing operations that contaminated the municipality’s drinking water well field.
• Represents clients in connection with California Proposition 65 enforcement actions.

Corporate and Real Estate Transactions

• Represented clients throughout the United States and internationally in acquisitions and divestitures of real property and businesses in a variety of industrial sectors, including pulp and paper, foundry, chemical manufacturing, lift truck manufacturing, tool manufacturing, heavy equipment manufacturing, pump manufacturing, cardboard manufacturing, commercial finance, auto repair, and packaging equipment manufacturing.
• Represented a tire and battery retailer in multiple acquisitions of dozens to hundreds of retail locations in dozens of states.
• Represented a major lending institution in the acquisition of more than 500 branch offices.
• Assisted municipal redevelopment and government contractor interests relative to privatization of Department of Defense facilities.
• Counseled 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 Connecticut Transfer Act, including applicability determinations and completing required investigations and cleanups.
• Assisted clients during transactions with compliance with the Michigan Part 201 program, including baseline environmental assessments, Section 7(f) “due care” reports, investigations, and cleanups.
• Advised clients on compliance with Ohio’s Cessation of Regulated Operations law.