Environmental

"Clients appreciate the broad regional and national reach of [BakerHostetler's] environmental and energy practice."
– Chambers USA 2013

BakerHostetler environmental lawyers understand the high stakes that are involved with environmental issues. We have the knowledge, depth, national footprint, and experience to handle our clients’ most significant and complex environmental matters, and we pride ourselves on the long-standing, personal relationships that we enjoy with many of our clients.

We apply practical, “real world” experience in our approach to environmental matters, and we tailor our legal strategies and solutions to the specific business goals of our clients. Our team’s experience includes, but is not limited to, preparing comments in federal and state environmental rulemaking proceedings (including subsequent legal challenges); advising on regulatory compliance and permitting issues associated with the development and operation of energy and manufacturing facilities; advising on environmental, health, and safety risks associated with business transactions; structuring environmental liability protections; and responding to environmental, health, and safety incidents. We also take particular pride in successfully litigating complex environmental matters before juries, judges, and arbitration panels.

Clients benefit from our experience with the regulatory policies and procedures because many of our team members are former lawyers from state and federal environmental agencies. Those connections, coupled with our intimate technical knowledge of environmental laws, uniquely position us to address claims and compliance issues across a broad spectrum of statutes and rules, while leveraging the skill and experience of other lawyers throughout the firm.

For several years, we have been at the forefront of litigation involving the Clean Air Act, including successfully defending a major heavy-equipment manufacturer in numerous lawsuits regarding the regulation of greenhouse gases and tort liability. We have also represented several industries in rulemakings involving the promulgation of National Ambient Air Quality Standards (NAAQS) and National Emission Standards for Hazardous Air Pollutants (NESHAPs), and subsequently litigating the appeals from promulgation of such rules.

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We represent numerous clients in connection with Superfund sites and manufactured gas plant sites throughout the United States, and serve as common counsel for multiple parties in sites located in, states such as, California, Alabama, Florida, New York, and Indiana. As one client recently told Chambers, "This Cleveland firm has a national presence with notable green business and energy practices. Environmental litigation, including Superfund matters, is a key strategy."

We have been at the forefront of several controversial, high-profile natural resource cases litigated under the National Environmental Policy Act (NEPA), the Endangered Species Act, and related resource laws. We have successfully helped clients secure the various approvals required to construct and operate liquefied natural gas terminals, pipelines, and power plants in the United States, and we frequently advise upstream oil and gas companies on a variety of environmental, health, and safety matters. Finally, we represent some of the country’s largest companies in major environmental matters involving emerging environmental issues, such as those related to renewable energy development, shale and hydraulic fracturing operations, and increased regulatory complexities under the current Administration, among others.

Select Experience

  • Representing a client in connection with significant litigation surrounding the first U.S. offshore wind energy project—the 420 MW Cape Wind project—which will supply most of the energy needs of Cape Cod and its islands.
  • Successfully represented a global energy company in litigation regarding the closure and permitting of process waste water ponds at one of its facilities.
  • Represented the State of Texas in connection with challenges to EPA rules implementing its greenhouse gas construction permitting regulations in the State of Texas.
  • Representing the developer of a state-of-the-art steel mill in Arkansas on all environmental issues arising during the financing process, including providing strategic advice on responding to ongoing legal challenges to the permits issued by the Arkansas Department of Environmental Protection.
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Professionals

Name Title Office Email
Mark S. Barron Associate Denver
Darin R. Bartram Partner Washington, D.C.
Martin T. Booher Partner Cleveland
Marie L. Carlisle Partner Houston
Lee A. Casey Partner Washington, D.C.
John F. Cermak Jr. Partner Los Angeles
María R. Coor Partner Washington, D.C.
Douglas D. D'Arche Partner Houston
Mark W. DeLaquil Partner Washington, D.C.
Geraldine E. Edens Partner Washington, D.C.
W. John English Jr. Partner Houston
Ryan Fischbach Partner Los Angeles
Renee C. Floyd Staff Attorney Los Angeles
Carey R. Gagnon Counsel Denver
Andrew M. Grossman Associate Washington, D.C.
Daniel J. Gunsett Partner Columbus
Farrell A. Hochmuth Partner Houston
Thomas E. Hogan Counsel Washington, D.C.
Sonja A. Inglin Partner Los Angeles
Nola Jose Staff Attorney Los Angeles
Christine Koo Staff Attorney Los Angeles
Eric W. Kristiansen Partner Houston
Joanne Lichtman Partner Los Angeles
Bryce D. Linsenmayer Partner Houston
Christopher H. Marraro Partner Washington, D.C.
Michael W. Mengis Partner Houston
Alexander K. Obrecht Associate Denver
Ivana V. Ognjanovic Staff Attorney Los Angeles
William L. Pence Partner Orlando
Jason P. Perdion Partner Cleveland
Kristina R. Ramsey Counsel Orlando
David B. Rivkin Jr. Partner Washington, D.C.
Justin J. Schwab Associate Washington, D.C.
Robert N. Steinwurtzel Partner Washington, D.C.
Joshua C. Thomas Associate Houston
George J. Tzanetopoulos Partner Chicago
Peter C. Whitfield Associate Washington, D.C.

Experience

  • Representing a client in connection with significant litigation surrounding the first U.S. offshore wind energy project—the 420 MW Cape Wind project—which will supply most of the energy needs of Cape Cod and its islands.
  • Successfully represented a global energy company in litigation regarding the closure and permitting of process waste water ponds at one of its facilities.
  • Represented the State of Texas in connection with challenges to EPA rules implementing its greenhouse gas construction permitting regulations in the State of Texas.
  • Representing the developer of a state-of-the-art steel mill in Arkansas on all environmental issues arising during the financing process, including providing strategic advice on responding to ongoing legal challenges to the permits issued by the Arkansas Department of Environmental Protection.
  • Represented the Association of Battery Recyclers, Inc. in administrative proceedings concerning EPA’s revisions to the NESHAP for the Secondary Lead Smelting Industry.
  • Represented several trade associations and companies in various rulemakings under the Clean Air Act that resulted in the promulgation of NAAQS, NESHAPs, and MACT standards, as well as the subsequent legal challenges to those rules.
  • Representing a potentially responsible party at the San Fernando Superfund site, which is a large groundwater basin contaminated with volatile organic compounds.
  • Representing a coal company in an administrative appeal of terms and conditions of a Section 401 Water Quality Certification that, if upheld, would prohibit the company from accessing millions of tons of coal resources.
  • Representing a steel company in Ohio with respect to challenges to environmental permits for construction of a metallurgical coke plant to serve a steel mill. We are acting as both litigating attorneys and a liaison between the client and the Ohio EPA.
  • Representing an international commodities trading company on all aspects of compliance with EPA’s Renewable Fuel Standard Program.
  • Representing a leading supplier of wind turbines on various matters, including the resolution of disputes with the U.S. Army Corps of Engineers, the U.S. Coast Guard, and the Federal Aviation Administration, and working with state and federal resource agencies to address concerns related to potential environmental impacts associated with proposed development projects.

Recognition

  • Chambers USA: Natural Resources & Environment in Ohio (2007 to 2015)

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In The Blogs

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Environmental Law Strategy
Tenth Circuit Rejects Constitutional Challenge to Colorado’s Renewable Energy Mandate
July 17, 2015
On July 13, the Tenth Circuit upheld Colorado’s renewable energy mandate against a claim that it impermissibly interferes with interstate commerce. This decision, addressing a state’s power to encourage or require the development of...
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Environmental Law Strategy
White House Announces Plans To Revise the Coordinated Framework for the Regulation of Biotechnology
July 8, 2015
The White House, through the Office of Science and Technology Policy (OSTP), announced a major initiative to overhaul the regulation of biotechnology products (OSTP Memo), which are products developed through genetic engineering (excluding...
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Environmental Law Strategy
Maui GMO Ban Overturned; Federal Court Remains Consistent on Preemption Analysis
July 2, 2015
This week, the federal district court in Hawaii struck down a Maui County law imposing a moratorium on the cultivation of genetically engineered organisms (GE plants, or GMOs). This decision is the third of three challenges to county laws...
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Environmental Law Strategy
EPA’s 2015 General Permit for Industrial Stormwater Carries New Risks for Industry
June 15, 2015
In a controversial change, the 2015 version of the Environmental Protection Agency (EPA) general permit for industrial stormwater discharges (known as the Multi-Sector General Permit, or MSGP) expressly prohibits the discharge of any...
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Environmental Law Strategy
In Wake of Supreme Court Ruling, EPA Issues Direct Final Rule Allowing Rescission of Some Clean Air Act Permits
May 11, 2015
On May 7, the Environmental Protection Agency (EPA) published a direct final rule in the Federal Register. The rule allows for rescission of certain Prevention of Significant Deterioration (PSD) permits under the Clean Air Act. The agency...
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