Environmental regulatory risk can be tied closely to workplace safety and health challenges. EHS professionals and in-house counsel are often responsible for navigating regulatory issues that span occupational safety and health and environmental regulations. As environmental rules change, regulatory reporting requirements evolve and grow more complex, and regulatory agencies increase scrutiny, clients may encounter environmental compliance and enforcement risks and other liabilities.
We support clients across all industries, including industrial, manufacturing, energy and utilities, construction, transportation and logistics, and retail, and all federal environmental programs and their state counterparts, including:
- Clean Air Act (CAA)
- Clean Water Act (CWA)
- Emergency Preparedness, Community Right to Know Act (EPCRA)
- Resource Conservation and Recovery Act (RCRA)
- Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund)
- Toxic Substances Control Act (TSCA)
- Oil Pollution Act (OPA, SPCC)
- California Prop 65
- EU REACH
- EU RoHS
Clean Air Act Permitting and Compliance
- Guided complex industrial facilities in all aspects of air permitting and compliance reporting, including securing and renewing state and federal operating permits, developing construction permit applications for facility modifications and expansions, and drafting compliance certifications and deviation reports.
- Counseled clients and developed Clean Air Act compliance programs, including NESHAP, NSPS, and Ozone Depleting Substance program guidance and compliance checklists.
- Defended clients in administrative and judicial enforcement matters.
Risk Management Program (RMP)
- Navigated clients through the Clean Air Act’s RMP requirements, developing comprehensive risk management plans that include hazard assessments, prevention programs, and emergency response programs.
- Led and advised on Process Hazard Analyses and compliance auditing and compiled accurate and up-to-date Process Safety Information.
- Represented clients during agency inspections and enforcement actions.
Environmental Audits
- Developed and led Fortune 100 companies’ internal environmental audit programs that have resulted in significant improvements in environmental program performance.
Extended Producer Responsibility
- Ensured compliance with EU REACH and RoHS compliance, including developing product declarations for products entering the EU market.
- Counseled clients on California Prop 65 requirements and labeling of products entering the California market.
Hazardous Materials Transportation
- Worked extensively with DOT hazardous materials transportation and security regulations.
- Successfully negotiated rail tank car release enforcement actions brought by the Federal Rail Administration and assisted in drafting tank car closure and inspection standard operating procedures.
- Developed numerous Hazardous Materials Transportation training and certification classes.
PFAs
- Strategized with clients on navigating evolving PFAS regulations, potential legal exposure, product considerations, and operational decision-making for client facilities.
Remediation and Enforcement
- Negotiated and oversaw the implementation of voluntary and agency-enforced remediation activities under RCRA’s Corrective Action program, and CERCLA and state counterparts.
Toxics
- Developed comprehensive reporting spreadsheets and guidance for clients for annual EPCRA Toxics Reporting (TRI) and Tier II reporting and TSCA Chemical Data Reporting (CDR) quadrennial reporting.
- Partnered with toxicologists to develop and review OSHA Safety Data Sheets for client products.
Waste
- Managed RCRA compliance for client facilities ranging from very small to large quantity generator status.
- Developed numerous compliance guidance trainings, templates and work procedures to assist clients with daily compliance.
- Facilitated the renewal of Hazardous Waste TSDF permits.
Water
- Spearheaded numerous NPDES direct and indirect discharge permit applications and developed Spill Prevention Control and Countermeasure and Storm Water Pollution Prevention Plans for client facilities.
- Secured Clean Water Act Section 404 Nationwide Permits for industrial facilities, natural gas and petroleum pipelines and construction activities.
Enforcement
- Successfully handled myriads of administrative enforcement actions (NOVs), negotiating significant penalty reductions based on EPA’s program-based penalty matrices, the applicability of the regulatory scheme, and fact-based defenses to liability.
