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waste management

Practices

Waste Management

We have extensive national experience advising on issues involving the generation, transportation, storage, treatment, disposal, and recycling of solid waste, construction and demolition debris, infectious waste, hazardous waste, and radioactive materials. Our lawyers provide education and guidance to help clients develop effective regulatory compliance policies and proactive risk management strategies.

Clients benefit from the services of a team experienced in providing efficient and value-added counsel on every aspect of this complex area of law. We advise on all facets of waste management laws and regulations, including contracting for waste handling services; the acquisition and divestiture of waste facilities/businesses, including agency background investigations of new owners; RCRA closures and corrective actions; explosive gas monitoring (including NSPS requirements); permitting of waste facilities; and enforcement actions for alleged violations of waste regulations.

Examples of our experience include:

  • Advising waste companies on corporate disclosures and background investigations by state agency’s Environmental Background Investigation Unit required for the acquisition of permitted hazardous and solid waste facilities, including obtaining state orders for exemption from 180-day notice and filing requirements.
  • Assisting a construction and demolition debris (C&DD) processing company with the closure of an alleged disposal site under a consent order.
  • Advising a client concerning liability stemming from Nuclear Regulatory Commission (NRC)-licensed operations, including liabilities relating to low-level radioactive waste, and NRC and applicable state requirements for the handling, storage, and disposal of radioactive materials.
  • Advising clients on risk management issues relating to the transportation and disposal of low-level radioactive materials and the transportation and processing of enriched uranium.
  • Defending a coke manufacturer in state enforcement action involving alleged violations of hazardous waste regulations.
  • Representing a C&DD processing company in a state enforcement case resulting in a consent order with multisite injunctive relief.
  • Representing municipality in a U.S. EPA RCRA enforcement action, which was settled for $123,000 after a $3.2 million initial penalty demand.
  • Representing a pharmaceutical manufacturer in a U.S. EPA RCRA enforcement action in which U.S. EPA 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 ALJ ruled in our client’s favor in nonbinding arbitration.
  • Counseling clients on waste compliance issues for vape and nicotine products.
  • Representing a company in successfully terminating state post-closure care requirements for an industrial solid waste landfill.
  • Advising a major automobile manufacturer regarding the solid and hazardous waste requirements associated with the recycling and reclamation of lithium ion batteries and related components.
  • Representing a major automobile manufacturer and related industry companies concerning the collection, transportation, and disposal of recalled airbag inflators.
  • Defending a chemical manufacturer in a multimillion-dollar DOJ/U.S. EPA civil enforcement action for alleged RCRA violations stemming from the accumulation of hazardous waste in railcars.
  • Assisting a solid waste biomass and digestion facility with zoning and developing a strategy for securing applicable permits for all aspects of operations involving emissions, waste disposal, water discharges, and beneficial use requirements.
  • Negotiating variances and exemptions for beneficial uses of solid waste generated from client facilities.
  • Drafting waste disposal, renewable energy, and recycling agreements.
  • Representing a waste management company in a toxic tort suit regarding the land application of biosolids.
  • Representing a recycling company in obtaining a variance from the classification of a hazardous waste from state environmental agency.
  • Managing asbestos removal projects including risk mitigation for proper asbestos removal protocol.