Environment and Natural Resources

Representative experience

Represented Hyundai in claims alleged by DOJ and EPA regarding fuel economy estimates for its fleet of light-duty vehicles sold in the U.S.

Represented major refinery in lawsuit threatened by DOJ and EPA involving alleged violations of CAA’s fuels standards at refineries and terminals throughout the U.S.

Successfully challenged, in federal district court, the U.S. government’s decision to list Lesser Prairie Chicken as a threatened species under the Endangered Species Act.

Representing Inmar in investigation by California prosecutors into hazardous waste management, and in federal/state efforts to reform hazardous waste laws impacting retail sector.

Representing Puerto Rico Electric Power Authority before DOJ and EPA to address alleged noncompliance with the Mercury and Air Toxics Standards.

Leading Delfin LNG’s efforts to obtain federal and state approvals for first LNG Deepwater Port for export of LNG from U.S.

Providing regulatory, compliance, and litigation counsel to heavy-duty vehicle/engine manufacturer Daimler Trucks North America on environmental/safety issues; successfully challenged EPA actions in D.C. Circuit.

Assisting Railway Supply Institute Committee on Tank Cars develop U.S./Canadian regulatory strategy for crude-by-rail transport by working closely with U.S. and Canadian transportation officials.

Advising Ecosystems Investment Partners, nation’s largest private equity firm investing in land-based environmental offset markets, on regulatory, policy/legislative, corporate/financial, tax, and real estate matters.

Filed precedent-setting crude-by-rail lawsuit for American Fuel & Petrochemical Manufacturers, against BNSF Railway in U.S. District Court for the Southern District of Texas, challenging surcharges.

Negotiated federal development approvals for North Sky River wind farm, including 102 turbines on private land near the Pacific Crest Trail in Southern California.

Representing Murray Energy in challenging the DOI’s unprecedented expansion of its regulations governing coal mining under the Surface Mining Control and Reclamation Act.

Assisted a luxury ski resort with environmental permitting, development of compliance programs, and self-audit submissions.

Represented Orbital Sciences Corporation in connection with environmental issues in US$5bn agreement to combine Orbital with Alliant Techsystems Inc.'s aerospace and defense businesses.

Led environmental diligence and negotiated allocation of environmental liability for PPG Industries in US$2.3bn acquisition of COMEX, a Mexican manufacturer of coatings.

Representing apartment management REIT in challenging state's decision to terminate participation in voluntary cleanup program and EPA’s listing of property on National Priorities List.

Representing major and independent upstream oil/gas producers regarding enforcement actions and responding to information requests by state and federal agencies related to air quality compliance.

Representing subsidiary of large steel/aluminum company in litigation over insurance coverage and cleanup liability regarding Lower Duwamish Waterway Superfund Site in Seattle.