Disputes

• Represented USEPA and the US Army Corps of Engineers in suits challenging their definition of "waters of the United States" under the CWA.
• Second-chaired a trial in a CWA enforcement matter, securing a finding of liability against defendant on behalf of the United States.
• In a proceeding that went to trial, secured dismissal on behalf of a battery manufacturing company in a CWA citizen suit.
• Represented USEPA in a suit challenging its promulgation of the Lead and Copper Rule Revisions under SDWA.
• Attained dismissal of a TSCA petition requesting USEPA to order a large chemical manufacturer to conduct additional testing of various PFAS.
• Defended both government and private entities in suits challenging the issuance of CWA permits.
• Represented USEPA in various rulemaking challenges under RCRA and CAA.
• Represented a large defense contractor in a CERCLA cost recovery matter.
• Defended USEPA in suits brought under the CAA citizen suit provision.
• Represented numerous manufacturing and petroleum producing entities in a number of CERCLA cost recovery and contribution matters.
• Represented fertilizer producer in compliance with consent decree obligations resolving allegations brought by federal and state regulators under CERCLA, RCRA, and state analogue claims.
• Represented operator of a sand mining facility in defense of alleged storm water discharge permit violations brought by state regulator

Regulatory and Transactional Counselling

• Advised nuclear energy facilities regarding RCRA compliance requirements arising out of storage, disposal and transportation of hazardous waste.
• Counselled clients on transactional matters involving warranties and representations of environmental conditions in various sales and purchase agreements.
• Advised clients on matters involving scope of pollution and environmental insurance policies and issues arising out of third-party indemnity provisions.
• Provided regulatory and permitting due diligence for offshore LNG project including MARAD/USCG, FERC, DOE and EPA project licensing, export approval, environmental permitting authorizations and NEPA, ESA and NHPA review.
• Counselled clients regarding federal agency's obligations under NEPA, ESA and NHPA arising out of major federal actions.
• Advised waste disposal entity on its obligations under California's general storm water discharge permit.
• Advised client regarding CEQA, California Endangered Species Act, and other California state and federal environmental responsibilities arising out of modifications of an approved battery energy storage system.