Columbus partner Ben Pfefferle was profiled in the July 28, 2009, edition of Environmental Law360 for his role as National Chair of Baker Hostetler's Environmental and Energy Practice Team.
Pfefferle's practice includes environmental compliance; hazardous and toxic waste issues; Superfund litigation and private cost recovery; environmental permitting; and redevelopment, acquisition and divestiture of environmentally impaired commercial and industrial property.
Asked to recall his most challenging case, Pfefferle said: "I was the steering committee chair and common counsel for a PRP [potentially responsible party] group at a Superfund site that had impacted an adjacent municipal drinking water supply. Because of the nature of the threat, the PRP group quickly formed, negotiated a consent order with USEPA, retained an engineering firm, developed and implemented a remediation plan, initiated and concluded a cost-recovery suit against nonsettling PRPs, and completed the remediation 10 years ahead of schedule at substantial cost savings. The case was a classic example of a win-win solution for all the stakeholders—PRPs, state, federal and local government, and local citizenry."
According to Pfefferle, commenting on the aspects of law in his practice area that are in need of reform, "There are insufficient resources for environmental authorities to hire, train and retain experienced environmental professionals. This creates enormous problems for the regulated industry, ranging from permitting and timely decision-making to enforcement. Real solutions require partnerships, and that should be a priority today."
Pfefferle said that while "climate change issues receive the bulk of attention in the media," when considering where the next wave of cases in his practice area will come from, "the real issues are bread and butter—land use, environmental permitting and regulatory enforcement. And these cases will require yet more creative solutions," said Pfefferle.
Finally, asked what advice he would give to a young lawyer interested in his practice area, Pfefferle said, "While an environmental attorney must be an advocate, an environmental attorney must also be a creative solution finder in order to be successful. While you learn your trade, be sure to keep your horizons—and experience—as broad as possible. We work in a small fraternity, so protect your reputation and take care not to burn bridges. Your adversary today is your colleague tomorrow. Advocate, but be professional."