Environmental

Overview

"They're awesome. Having a deep bench for us is a huge advantage, I can get someone on the phone who knows exactly what to do."

– Chambers USA 2017

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
Partner Denver
Partner Washington, D.C.
Partner Cleveland
Partner Houston
Partner Washington, D.C.
Partner Los Angeles
Partner Washington, D.C.
Partner Houston
Partner Washington, D.C.
Associate Houston
Partner Washington, D.C.
Partner Houston
Partner Los Angeles
Associate Los Angeles
Partner Washington, D.C.
Partner Columbus
Partner Houston
Counsel Washington, D.C.
Partner Los Angeles
Partner Washington, D.C.
Partner Houston
Partner Washington, D.C.
Counsel Denver
Partner Houston
Associate Denver
Partner Cleveland
Partner Orlando
Counsel Orlando
Partner Washington, D.C.
Associate Houston
Associate Denver
Partner Washington, D.C.
Partner Houston
Partner Washington, D.C.
Partner Chicago
Staff Attorney Los Angeles

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 2017)
    • Recognized Practitioner: Natural Resources & Environment in Colorado (2014 to 2017)
    • Recognized Practitioner: Environment in the District of Columbia (2015 to 2017)
    • Recognized Practitioner: Environment in Florida (2015 to 2017)
  • BTI Client Service 30: BakerHostetler advanced 19 positions to #9 (2016)
  • 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

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