Practice/Industry Group Overview
Companies must achieve continuous compliance with environmental laws or risk production delays, increased governmental oversight, private and government litigation, adverse media reports, monetary liability claims, and community outrage. Indeed, the continued success of many companies will rest in part on making environmental performance a competitive advantage through more imaginative and cost-effective pollution prevention and environmental management. For more than 25 years, Keller and Heckman has helped companies not only stay current on environmental laws but also get ahead. Our attorneys and scientists offer industrial, corporate and association clients practical, problem-solving advice leading to reasonable and sound environmental performance. The strength of our practice derives from knowing our clients' businesses and having a broad range of relevant environmental expertise, both scientific and legal.
Keller and Heckman attorneys represent clients before federal, state and local regulatory agencies in environmental law matters including:
- Clean Air Act
- Clean Water Act
- Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
- Emergency Planning and Community Right-To-Know Act (EPCRA)
- Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)
- Hazardous Materials Transportation
- National Environmental Policy Act
- Resource Conservation and Recovery Act (RCRA)
- Safe Drinking Water Act
- Toxic Substances Control Act (TSCA)
In coordination with our Brussels office, we counsel clients on environmental issues under the jurisdiction of the responsible ("competent") authorities in the European Union. Our attorneys and scientists have helped companies around the world prepare for REACH since its legislative conception, and continue to assist clients with REACH implementation and compliance. We also have experience dealing with Environment Canada, Health Canada, MITI in Japan and WorkSafe Australia. In addition, we are involved in matters involving a growing list of international protocols and treaties, such as the Montreal Protocol on Substances that Deplete the Ozone Layer, the Framework Convention on Climate Change, the Stockholm Convention on Persistent Organic Pollutants, and the Basel Convention on the Control of Transboundary Wastes and their Disposal.
Our attorneys provide a full range of environmental services covering:
- Regulatory and compliance counseling
- Permitting (including air, water and waste)
- Rulemaking proceedings and related appellate work
- Administrative hearings and enforcement actions
- Environmental and toxic tort litigation
- Criminal environmental litigation
- Environmental auditing
- Toxic and environmental release reporting
- False environmental marketing claims
- Land use and due diligence reviews
- Superfund cost recovery/Insurance
- Risk assessments
- Environmental training
- Drafting legislation and regulations
- Phasing out ozone depleting chemicals
- Reporting on regulatory and legislative actions and trends
- ISO 14001 and environmental management systems
With the interdisciplinary resources to address the most complex and demanding problems, Keller and Heckman attorneys and scientists respond quickly to our clients' concerns, providing quality legal and technical work based on sound legal and scientific analysis. Our environmental team includes attorneys with decades of practice and distinguished environmental scientists with prior EPA experience.
Articles Authored by Lawyers at this office:
TSCA Reform 2015: A Tale of Two Bills
Martha E. Marrapese, March 27, 2015
On March 10, 2015, Senators Tom Udall (D-NM), David Vitter (R-LA), and a coalition of 15 additional democratic and republican Senators, introduced the “Frank R. Lautenberg Chemical Safety for the 21st Century Act” (S. 697), a bipartisan bill to reform the Toxic Substance Control Act...
FTC Warns Plastic Bag Companies about Oxodegradable Claims
Nathan S. Cardon,Sheila A. Millar,Jean-Cyril Walker, November 14, 2014
Continuing its focus on environmental claims, the Federal Trade Commission (FTC) has written to 15 producers of plastic bags warning that “oxodegradable” and “oxo-biodegradable” claims may be deceptive and asking for confirmation that the claims will be withdrawn or that...
EPA Targets 72 Inert Pesticide Ingredients for Removal
John B. Dubeck,Herbert Estreicher,Kelly V. Friend,Michael T. Novak,David G. Sarvadi, November 03, 2014
On October 22, 2014, the U.S. Environmental Protection Agency (EPA) issued a Federal Register Notice proposing to remove 72 chemicals from the list of currently approved inert pesticide ingredients under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 136 et seq....
California's DTSC Releases Draft Priority Product Work Plan Under State's Green Chemistry Law
Nathan S. Cardon,Diana G. Graham,Sheila A. Millar,Jean-Cyril Walker, September 24, 2014
The California Department of Toxic Substances Control (DTSC) has released a draft Priority Product Work Plan as part of its Green Chemistry law, identifying six product categories from which priority products will be selected over the next three years for priority product rulemaking. The Work Plan...
Taiwan Releases Draft Regulation on New and Existing Chemical Notification
Thomas C. Berger,Wilfred Feng,Chen Hu, September 23, 2014
On August 25, 2014, the Republic of China’s (Taiwan) Environmental Protection Administration (EPA) released a draft “Regulation of Chemical Substance Registration and Management” (Regulation). The Regulation was developed to implement amendments to Taiwan’s Toxic Chemical...
Senator Boxer Releases Confidential TSCA Reform Proposal
Thomas C. Berger,Herbert Estreicher,Martha E. Marrapese,Adrienne M. Timmel, September 22, 2014
U.S. Senator Barbara Boxer (D-CA) has publicly released her proposed amendments to a confidential proposal that Senators David Vitter (R-LA) and Thomas Udall (D-NM) have been working on for over a year to build bipartisan support for passage of TSCA reform. Senator Boxer, who chairs the Senate...
What Happens Next to Earthjustice's Demand for CBI Reassertion and Resubstantiation?
Herbert Estreicher,Eric P. Gotting,Martha E. Marrapese, September 18, 2014
The designation and treatment of Confidential Business Information (“CBI”) is frequently at the center of the Toxic Substances Control Act (“TSCA”) reform debate. One issue receiving increased attention is whether chemical companies should be required to reassert or...
EPA Rulemakings Seek to Buttress Renewable Fuel Program
Adrienne M. Timmel,Jean-Cyril Walker, August 18, 2014
Over the past few weeks the U.S. Environmental Protection Agency (“EPA”) finalized several rules affecting its Renewable Fuel Standard (“RFS”) Program. On July 18, 2014, EPA finalized its rules concerning the Renewable Identification Number (“RIN”) Quality...
First Report for Denmark Nano Product Register is due August 30th, 2015
Martha E. Marrapese,Rachida Semail, August 18, 2014
The Danish Order on a register of mixtures and articles that contain nanomaterials as well as the requirement for producers and importers to report to the register entered into force on June 18, 2014. It establishes a Nano Product Register of mixtures and articles, which contain nanomaterials, and...