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, which has been recognized as national Practice Group of the Year by Law360, among others, 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. As illustrated in more detail in our list of representative matters below, we do work for clients in the following areas:

Compliance Counseling
Environmental Litigation / Toxic Tort
Emerging Contaminants / Product Stewardship / Chemical Regulation
Legacy Site / Project Management / Contract Disputes
Transactions / EHS Due Diligence / Environmental Insurance
Sustainability / Climate Change / ESG
NEPA / Natural Resources Law
Natural Resource Damages
OSHA / Workplace Safety
Superfund / Cost Recovery / Contribution Actions
Projects / Permitting / Permit Appeals
Civil, Criminal and Administrative Enforcement Defense
Carbon Capture and Sequestration
Emergency / Spill Response
Rulemakings / Proceedings / Challenges
Offshore Energy Projects
Renewable Fuels
Citizen’s Suits
Emissions Trading and Offsets
Brownfield Redevelopment

We are confident, experienced litigators and trial lawyers. Whether it is civil or criminal litigation or rulemaking challenges, we have tried and won some of the most notable environmental cases reported. We also are nationally known for our experience in the Clean Air Act and the defense of citizen suit claims arising under all federal 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 have successfully secured permits for facilities requiring Clean Air Act and Clean Water Act permits in recent years as well as successfully defended and brought administrative and judicial appeals regarding these permits. This work also includes supporting our clients through the National Environmental Policy Act process and other natural resources laws and, when necessary, defending or challenging federal and state decisions related to these matters. In addition, we have notable experience in RCRA and CERCLA site cleanup activities as well as contract disputes involving the allocation of environmental liabilities. We are also at the forefront of emerging environmental issues and risks, including the reduction of ethylene oxide (EtO) emissions and the investigation and remediation of per- and polyfluoroalkyl substances (PFAS).

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’ in-house and retained 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.

With many of our clients now focused on climate change and sustainability, we have become key partners to our clients in identifying the risks and opportunities presented by climate change and the broader push toward sustainability in the economy. As part of these efforts, in addition to supporting regulatory compliance, we regularly counsel our clients on potential opportunities and risks associated with these programs. We support our clients to identify the appropriate metrics for use in their efforts and work with them to critically evaluate the “green” aspects of their existing business and to identify and implement projects that result in the direct or indirect reductions in emissions and water consumption. We support the preparation of sustainability reports to financing partners and investors and provide critical review of the content of such reports and related company disclosures.

Select Experience

Represent the tenth largest refinery in the world in high-profile Clean Air Act, Resource Conservation & Recovery Act, and other litigation brought by U.S. EPA.
Represented multiple states, major energy producers and national trade associations in major regulatory challenges including EPA’s regulation of greenhouse gases from industrial facilities and the Bureau of Land Management’s attempt to regulate hydraulic fracturing on federal lands.
Represent the developer of state-of-the-art steel mills in multiple states on multi-media permitting efforts and defend permit challenges and citizens suits.
Represent a firefighting foam manufacturer in multi-district litigation involving personal injury, property damage, and natural resource damages claims arising from the use of aqueous film forming foam (AFFF) containing PFAS.

Name	Title	Office	Email
Cory N. Barnes Cleveland +1.216.861.6031 Associate Cory N. Barnes	Associate	Cleveland	cbarnes@bakerlaw.com
Mark S. Barron Denver +1.303.764.4023 Partner Mark S. Barron	Partner	Denver	mbarron@bakerlaw.com
Darin R. Bartram Washington, D.C. +1.202.861.1735 Partner Darin R. Bartram	Partner	Washington, D.C.	dbartram@bakerlaw.com
Glenn S. Benson Washington, D.C. +1.202.861.1558 Partner Glenn S. Benson	Partner	Washington, D.C.	gbenson@bakerlaw.com
Joelle A. Berle Los Angeles +1.310.979.8452 Partner Joelle A. Berle	Partner	Los Angeles	jberle@bakerlaw.com
Zachary E. Bernard Houston +1.713.646.1366 Associate Zachary E. Bernard	Associate	Houston	zbernard@bakerlaw.com
Martin T. Booher Cleveland +1.216.861.7141 Partner Martin T. Booher	Partner	Cleveland	mbooher@bakerlaw.com
Marie L. Carlisle Houston +1.713.646.1388 Partner Marie L. Carlisle	Partner	Houston	mcarlisle@bakerlaw.com
Lee A. Casey Washington, D.C. +1.202.861.1730 Partner Lee A. Casey	Partner	Washington, D.C.	lcasey@bakerlaw.com
Darren A. Crook Cleveland +1.216.861.6823 Partner Darren A. Crook	Partner	Cleveland	dcrook@bakerlaw.com
Douglas D. D'Arche Houston +1.713.646.1379 Partner Douglas D. D'Arche	Partner	Houston	ddarche@bakerlaw.com
Mark W. DeLaquil Washington, D.C. +1.202.861.1527 Partner Mark W. DeLaquil	Partner	Washington, D.C.	mdelaquil@bakerlaw.com
Thomas A. Donaho Houston +1.713.276.1668 Partner Thomas A. Donaho	Partner	Houston	tdonaho@bakerlaw.com
Joseph M. Esmont Cleveland +1.216.861.7835 Partner Joseph M. Esmont	Partner	Cleveland	jesmont@bakerlaw.com
Ryan Fischbach Los Angeles +1.310.442.8898 Partner Ryan Fischbach	Partner	Los Angeles	rfischbach@bakerlaw.com
Marc D. Flink Denver +1.303.764.4030 Partner Marc D. Flink	Partner	Denver	mflink@bakerlaw.com
Andrew M. Grossman Washington, D.C. +1.202.861.1697 Partner Andrew M. Grossman	Partner	Washington, D.C.	agrossman@bakerlaw.com
Thomas E. Hogan Washington, D.C. +1.202.861.1577 Partner Thomas E. Hogan	Partner	Washington, D.C.	thogan@bakerlaw.com
Mark L. Jones Houston / Dallas +1.713.646.1395 / +1.214.210.1200 Partner Mark L. Jones	Partner	Houston	mjones@bakerlaw.com
Kendall C. Kash Cleveland +1.216.861.6689 Associate Kendall C. Kash	Associate	Cleveland	kkash@bakerlaw.com
Eric W. Kristiansen Houston / Dallas +1.713.646.1331 / +1.214.210.1200 Partner Eric W. Kristiansen	Partner	Houston	ekristiansen@bakerlaw.com
L. Poe Leggette Houston / Denver +1.713.276.1647 / +1.303.764.4020 Partner L. Poe Leggette	Partner	Houston	pleggette@bakerlaw.com
John R. Lehrer II Washington, D.C. +1.202.861.1620 Partner John R. Lehrer II	Partner	Washington, D.C.	jlehrer@bakerlaw.com
Jessica M. Lenard Washington, D.C. +1.202.861.1584 Senior Advisor Jessica M. Lenard	Senior Advisor	Washington, D.C.	jlenard@bakerlaw.com
James D. Levine Atlanta +1.404.946.9779 Partner James D. Levine	Partner	Atlanta	jlevine@bakerlaw.com
Judah Lieblich Orlando +1.407.649.4682 Associate Judah Lieblich	Associate	Orlando	jlieblich@bakerlaw.com
Christopher H. Marraro Washington, D.C. +1.202.861.1562 Partner Christopher H. Marraro	Partner	Washington, D.C.	cmarraro@bakerlaw.com
Michael W. Mengis Houston +1.713.646.1330 Partner Michael W. Mengis	Partner	Houston	mmengis@bakerlaw.com
Meagan Moore Cleveland +1.216.861.7988 Counsel Meagan Moore	Counsel	Cleveland	mmoore@bakerlaw.com
Alexander K. Obrecht Denver +1.303.764.4082 Associate Alexander K. Obrecht	Associate	Denver	aobrecht@bakerlaw.com
John D. Parker Cleveland +1.216.861.7610 Partner John D. Parker	Partner	Cleveland	jparker@bakerlaw.com
William L. Pence Orlando +1.407.649.4095 Partner William L. Pence	Partner	Orlando	wpence@bakerlaw.com
Anthony B. Ponikvar Cleveland +1.216.861.6073 Associate Anthony B. Ponikvar	Associate	Cleveland	aponikvar@bakerlaw.com
David F. Proaño Cleveland +1.216.861.7834 Partner David F. Proaño	Partner	Cleveland	dproano@bakerlaw.com
Kristina R. Ramsey Orlando +1.407.649.4035 Counsel Kristina R. Ramsey	Counsel	Orlando	kramsey@bakerlaw.com
David B. Rivkin Jr. Washington, D.C. +1.202.861.1731 Partner David B. Rivkin Jr.	Partner	Washington, D.C.	drivkin@bakerlaw.com
Gregory S. Saikin Houston +1.713.646.1399 Partner Gregory S. Saikin	Partner	Houston	gsaikin@bakerlaw.com
Joshua C. Thomas Houston +1.713.646.1322 Partner Joshua C. Thomas	Partner	Houston	jthomas@bakerlaw.com
Matthew D. Thurlow Washington, D.C. / San Francisco +1 202.861.1681 / +1 202.861.1681 Partner Matthew D. Thurlow	Partner	Washington, D.C.	mthurlow@bakerlaw.com
Theodore Weiss Los Angeles +1 310.442.8851 Counsel Theodore Weiss	Counsel	Los Angeles	tweiss@bakerlaw.com
W. Ray Whitman Houston / Dallas +1.713.646.1367 / +1.214.210.1200 Partner W. Ray Whitman	Partner	Houston	rwhitman@bakerlaw.com
Michael C. Wilde Orlando +1.407.540.7901 Partner Michael C. Wilde	Partner	Orlando	mwilde@bakerlaw.com
Joshua T. Wilson Cleveland +1.216.861.7940 Associate Joshua T. Wilson	Associate	Cleveland	jtwilson@bakerlaw.com

Experience

Represent the tenth largest refinery in the world in high-profile Clean Air Act, Resource Conservation & Recovery Act, and other litigation brought by U.S. EPA.
Represented multiple states, major energy producers and national trade associations in major regulatory challenges including EPA’s regulation of greenhouse gases from industrial facilities and the Bureau of Land Management’s attempt to regulate hydraulic fracturing on federal lands.
Represent the developer of state-of-the-art steel mills in multiple states on multi-media permitting efforts and defend permit challenges and citizens suits.
Represent a firefighting foam manufacturer in multi-district litigation involving personal injury, property damage, and natural resource damages claims arising from the use of aqueous film forming foam (AFFF) containing PFAS.
Represent a health care company in civil litigation and major federal and state regulatory matters involving the use of EtO in the medical sterilization industry.
Advise a company on legal issues associated with the installation of carbon capture technology and the development of a Class VI carbon sequestration at two facilities in the United States, including federal Class VI, state permits and “pore space” issues.
Represent potentially responsible parties at major groundwater and sediment superfund sites including San Fernando Valley, Portland Harbor and Star Lake Canal.
Represented petroleum refineries in legal challenges to EPA’s failure to act on Renewable Fuel Standards hardship exemption petitions.
Represent a merchant electric transmission developer in federal and state permitting, including the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), for a 900-mile, high-voltage electric transmission project.
Represent clients in responding to onshore and offshore releases of oil, including vessel owners in criminal and civil matters, asserting and defending claims under the Oil Pollution Act of 1990 and for natural resource damages.
Litigated a natural gas exploration company’s development plan and permit concerning the Endangered Species Act (ESA) and Coastal Zone Management Act (CZMA).
Represented Cape Wind LLC in four consolidated district court cases that challenged approval of the first domestic offshore wind energy project.

Recognition

Law360: Environmental “Practice Group of the Year” (2017)
Chambers USA: Natural Resources and Environment
- Colorado (2014 to 2020)
- Ohio (2007 to 2017)
Chambers USA: Environment
- District of Columbia (2015 to 2019)
- Florida (2015 to 2019)
The Legal 500 United States
- Industry Focus – Environment: Litigation (2017 to 2020)
U.S. News – Best Lawyers “Best Law Firms”
- Environmental Law: National (2013 to 2020); Atlanta (2018 to 2020); Cleveland (2011 to 2017); Denver (2019 to 2020); Columbus (2011 to 2020); Los Angeles (2014 to 2020); Orlando (2011 to 2020)
- Litigation – Environmental: National (2013 to 2020); Cleveland (2012 to 2016); Orlando (2011 to 2020)
- Mining Law: National (2011 to 2020); Denver (2011 to 2016)
- Natural Resources Law: National (2014 to 2020); Denver (2011 to 2020); Houston (2011 to 2020)
- Oil & Gas Law: National (2011 to 2020); Houston (2011 to 2020)
Recognized as one of the top law firms for client service, BakerHostetler was named to the 2020 BTI Client Service 30 for the sixth consecutive year.

News

Publications

Alerts

Articles

Videos

6/9/2021
Doing Well by Doing Good: The ESG Intersection

Blog Posts

Events

6/23/2022
The Technical Side of ESG — How to Meet and Make Your Commitments
3/30/2022
Webinar: Climate Policy and ESG Disclosures

Overview
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Recognition
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Key Contacts

Martin T. Booher mbooher@bakerlaw.com T +1.216.861.7141