Environmental

Overview

BakerHostetler’s Environmental Team ‘is responsive, skilled, and tailors legal needs to specific circumstances to achieve positive resolutions.’

– Legal 500 2018

Clients choose our Environmental team for our skill and experience in a broad array of subject matters including environmental regulations, permitting, litigation, transactions, health and safety, risk management, and more. Our multifaceted team, with offices across the country, provides a sophisticated federal practice coupled with a robust understanding of complex state and local issues. We are a one-stop shop for our clients.

We focus on solving our clients’ business-critical issues with a collaborative, responsive approach tailored to each matter. Our sector experience includes coal, steel, chemical and heavy-equipment manufacturing, recycling, mining and refining, and a wide range of energy-related issues. Our Environmental team has been recognized as national Practice Group of the Year by Law360, among other awards. We are nationally known for our experience in the Clean Air Act and the defense of citizen suit claims arising under the environmental statutes, and we are often engaged at the start of large-scale projects to assist clients to successfully maneuver through the permitting process, including appeals and defense against challenges. We are one of only a handful of practices across the nation that has successfully gained permits for facilities requiring prevention of significant deterioration Clean Air Act permits in recent years as well as successfully defended both administrative and judicial appeals regarding these permits, in both state and federal tribunals. In addition, we have significant experience regarding site cleanup, contract disputes and allocation of environmental liabilities arising under CERCLA and RCRA. We are also at the forefront of emerging environmental issues and risks, including the investigation and remediation of per- and polyfluoroalkyl substances (PFAS), and are advising clients on the rapidly changing landscape of product stewardship.

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We are confident, experienced litigators. Many of our attorneys previously practiced at the Department of Justice (DOJ) and the Environmental Protection Agency (EPA), in the enforcement and defense sections. We develop focused, specific strategies that provide extensive support for our clients. We have achieved significant victories for clients facing high-stakes challenges to their business models. In addition, clients routinely retain us to conduct compliance investigations that often involve multiple facilities and properties.

We are also adept business counselors and are often called on by our clients to advise them on managing their most critical environmental risks. In the context of transactions, we guide our clients on the buy and sell side, and develop strategic transaction structures to manage environmental risks and to “get the deals done.” We work closely with our clients’ internal and external environmental experts to manage risks and minimize costs associated with addressing legacy environmental matters, and we step in to enforce indemnity agreements, including, when necessary, pursuing litigation or arbitration.

Finally, members of our environmental team have achieved tremendous results for their clients in challenges and defenses to EPA rulemakings. For example, our attorneys represented the leading parties in the challenge to the Obama administration’s Clean Power Plan. The result was nothing short of unprecedented, as we obtained a stay from the Supreme Court of the Clean Power Plan and succeeded in briefing and orally arguing the challenge to the rule before the en banc D.C. Circuit Court of Appeals.

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
Partner Denver
Partner Washington, D.C.
Partner Washington, D.C.
Associate Los Angeles
Associate Houston
Partner Cleveland
Partner Cleveland
Partner Houston
Partner Washington, D.C.
Associate Cleveland
Partner Washington, D.C.
Associate Cleveland
Partner Houston
Partner Washington, D.C.
Partner Houston
Counsel Cleveland
Partner Los Angeles
Partner Denver
Partner Washington, D.C.
Counsel Washington, D.C.
Associate Cleveland
Partner Houston
Partner Houston
Partner Washington, D.C.
Partner Atlanta
Associate Orlando
Partner Washington, D.C.
Partner Houston
Associate Denver
Partner Cleveland
Partner Orlando
Associate Cleveland
Partner Cleveland
Counsel Orlando
Partner Washington, D.C.
Partner Houston
Associate Houston
Partner Washington, D.C.
Counsel Houston
Partner Houston
Partner Washington, D.C.
Partner Chicago
Associate Los Angeles
Partner Houston
Partner Orlando
Partner Houston

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: Real Estate
    • Florida (2014 to 2018)
      • Band 4
    • Ohio (2007 to 2018)
      • Band 4
    • Texas (2010 to 2018)
    • Real Estate: Zoning & Land Use in Florida (2007 to 2015)
    • Recognized Practitioner in California (2017)
  • Chambers USA: Litigation: General Commercial
    • Ohio (2007 to 2018)
      • Band 2
    • Recognized Practitioner in Florida (2014 to 2018)
  • Chambers USA: Natural Resources and Environment 
    • Natural Resources & Environment in Ohio (2007 to 2017)
    • Recognized Practitioner: Natural Resources & Environment in Colorado (2014 to 2018)
    • Recognized Practitioner: Environment in the District of Columbia (2015 to 2018)
    • Recognized Practitioner: Environment in Florida (2015 to 2018)
  • The Legal 500 United States: Industry Focus - Environment: Litigation, Tier 4 (2018)
  • Law360: Environmental "Practice Group of the Year" (2017)

  • U.S. News - Best Lawyers "Best Law Firms" (2016)
    • Environmental Law
      • National Tier 2
      • Metro Cleveland, Tier 2
      • Metro Columbus, Tier 3
      • Metro Los Angeles, Tier 2
      • Metro Orlando, Tier 2
    • Litigation - Environmental
      • Metro Orlando, Tier 2
  • The Best Lawyers in America© (2016)
    • 4 lawyers named in Environmental Law
    • 1 lawyer named in Litigation - Environmental
  • Recognized as one of the top law firms for client service, BakerHostetler was named to the 2019 BTI Client Service 30 for the fifth consecutive year.

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