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 Associate 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
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
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
Patricia A. Poole Partner Cleveland
Kristina R. Ramsey Counsel Orlando
Matthew S. Raymer Associate Washington, D.C.
David B. Rivkin Jr. Partner Washington, D.C.
Morvareed Z. Salehpour Associate Los Angeles
Justin J. Schwab Associate Washington, D.C.
Charles E. Shelton Counsel Los Angeles
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.

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In The Blogs

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Environmental Law Strategy
OSHA Expands Employers’ Reporting Requirements for Work-Related Injuries and Fatalities
October 15, 2014
On Sept. 11, 2014, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) announced revisions to its rule that requires employers to notify OSHA when employees suffer a work-related hospitalization or...
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Environmental Law Strategy
District of Arizona Rethinks NEPA’s Zone of Interests in Light of Recent Supreme Court Opinion on “Prudential” Standing
October 3, 2014
On September 30, 2014, the United States District Court for the District of Arizona (Campbell, D.J.) issued an order in Yount v. Salazar, Nos. 11-8171 et al., 2014 WL 4904423 (D. Ariz. Sept. 30, 2014).  As part of this order, the court...
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Environmental Law Strategy
District Court Rules that Claims Challenging Forest Management Are Ripe and Final
September 24, 2014
Last week, the United States District Court for the Middle District of Florida determined that a group of plaintiffs could bring a claim against the U.S. National Park Service challenging actions that were characterized by the Park Service...
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Environmental Law Strategy
Judge Overturns Kauai County Pesticide and GMO Law
September 5, 2014
On August 25, the federal district court for Hawaii vacated Kauai County’s Ordinance 960, which imposed mandatory disclosure obligations regarding the use of certain pesticides and the cultivation of genetically modified crops (“GMOs”). ...
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Environmental Law Strategy
10th Circuit Limits ESA Consultation Obligations To Boundaries Of The Agency Action
August 5, 2014
This past week, the 10th Circuit held that the Environmental Protection Agency (EPA) had no obligation to engage in consultation pursuant to Section 7 of the Endangered Species Act (ESA) where the potential effects on endangered species...
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