As a former trial attorney with the U.S. Department of Justice, Scott applies unique insider knowledge to environmental and natural resource damages (NRD) challenges faced by clients. His federal compliance acumen extends to the multifarious workings of the Clean Air Act (CAA), the Clean Water Act (CWA), the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA/Superfund), the Oil Pollution Act (OPA), the Resource Conservation and Recovery Act (RCRA) and the Toxic Substances Control Act (TSCA), among others. He quickly assimilates intricate commercial and legal matters and gives strategic advice on issues that range from oil spills to industrial emissions to discharges associated with mining and smelting operations. He draws on a deep and broad understanding of, and relationship with, key federal regulators and enforcement officials to reach sophisticated resolutions that are also financially sound for his clients.
A member of the Technology, Manufacturing & Transportation team, Scott's engagements include:
•Serving as lead counsel for an international chemical company in toxic substances enforcement action.
•Advising building products manufacturer in air and water permitting and compliance matters.
•Mediating a favorable settlement for client in lengthy dispute with federal regulators over lead-contaminated Superfund site.
•Advising a transportation company in state enforcement action regarding alleged unpermitted discharges into water.
Scott counsels, speaks and writes about key issues related to unconventional oil and gas development. In addition to providing clients with strategic counsel on all aspects of environmental compliance and defending all manner of state and federal environmental enforcement actions, Scott advises clients on disclosure requirements and the protection of confidential business information. He has extensive experience with complex NRD matters, with a focus on issues stemming from mining, milling and smelting activities. He litigates and provides compliance counseling on diverse CAA matters, including those that involve the National Emissions Standards for Hazardous Air Pollutants (NESHAP), New Source Review (NSR) and New Source Performance Standards (NSPS), and he defends in Title V permitting efforts. He also counsels manufacturers and users of compression engine-powered equipment on CAA requirements for diesel engines as well as the emerging issues related to diesel engine exhaust emissions.
In addition, Scott's results-driven counsel guides companies in the renewable energy and clean technology sectors. Venture capitalists, entrepreneurs and renewable energy companies seek his insights on business opportunities in federal legislation and programs. He provides counsel to renewable energy developers related to federal permitting issues and assists clients navigating the National Environmental Policy Act (NEPA) process.
Scott developed an early appreciation for the challenges faced by American manufacturing companies. His great-grandfather founded an industrial tool manufacturing company in Illinois in 1928 and the closely held family company remains a leader in its sector. Before joining the firm, Scott was a trial attorney in the environmental enforcement section of the Environmental and Natural Resources Division of the federal Justice Department.
Awards and Recognitions
Department of Justice, Meritorious Award for Continuous Superior Performance of Duty, Chevron Pipe Line Co., 2006
•Department of Justice, Outstanding Performance Rating for Sustained Superior Performance of Duty in all Prior Rating Periods, 2005
•Lead counsel for international chemical company in Toxic Substances Control Act (TSCA) enforcement action.
•Defended transportation-sector client in state enforcement action relating to alleged unpermitted discharges into bodies of water.
•Directed internal company investigation related to the Resource Conservation and Recovery Act (RCRA) compliance issues.
•Mediated settlement - at a fraction of total potential liability - for company in long-running dispute with the Environmental Protection Agency (EPA) over lead-contaminated Superfund site.
•Prepared comments on EPA's identification of nonhazardous secondary materials that are solid wastes proposed rule on behalf of a company that used a novel technology to reclaim coal from legacy piles. This prompted the EPA to revise its rule and include currently mined and processed coal refuse as a fuel, not a waste, in its final rule.
•Lead counsel for complex, multiparty Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) cost recovery and cleanup action. Obtained favorable settlement for client.
•Represented power producer in water and air permitting actions and administrative permit challenges.
•Advised transportation-sector client on applicability of Clean Water Act (CWA) storm water permitting requirements and provided flexible risk mitigation strategies related to aspects of the wide-ranging business.
•Lead counsel on Clean Air Act (CAA) matter involving a major international chemical manufacturer and its alleged violations of the National Emissions Standards for Hazardous Air Pollutants (NESHAP), New Source Review (NSR) permit and New Source Performance Standards (NSPS).
•Represented building products manufacturer in water and air permit compliance matters.
•Represented engine manufacturer in CAA Tier 4i and California Air Resources Board certification process. Multiple engine families were certified.
•Lead counsel on several complex natural resource damage matters involving active mine sites, including the Morenci, Tyrone, Chino and Molycorp sites in Arizona and New Mexico.
•Lead counsel on CWA matter involving concentrated animal feeding operation and its alleged violation of the act and related discharge permit.
•Directed litigation team in enforcement action relating to CWA violations that were attributed to an oil spill into an unnamed intermittent stream.
6.26.13 Illinois' New Fracking Act: What It Means for Industry
Energy & Natural Resources
4.10.13 Laying the Foundation for a Sustainable Energy Future: Legal and Policy Challenges
Energy & Natural Resources
Seminar Washington, D.C.
3.29.13 Fracking Law: From Land Contract Negotiations to Environmental Disputes
Speaking Engagement Fairview Heights, IL
10.23.12 Clean Air Act Litigation and Enforcement Update for the Mining Industry
Speaking Engagement St. Louis, MO
10.13.12 Risks of the Uncontrolled Patchwork: Misperception of Existing Environmental Regulation of Unconventional Oil and Gas Development Could Severely Damage a Critical Industry and Lead to Poor Environmental Policy, presented at TerraLex Global Environmental Practice Group meeting
8.01.12 Diesel Exhaust Study Clouds the Air: A Deeply Flawed Study Continues to be Relied Upon by Policymakers and Advocates, Rock Products Magazine
7.01.12 Diesel Exhaust in Miners Study Clouds the Air, Coal Age Magazine
12.01.11 TSCA 2012 CDR Submission Requirements, webinar with Emilcott
5.01.11 White Paper: EPA Enforcement Initiatives and Proposed Rules Affecting the Electric Generating Sector, presented by Suedeen G. Kelly at the Energy Bar Association's Primer Meeting on Impending EPA Regulations Affecting the Power Sector
6.01.10 Environmental Risk Management - Preparation, Planning and Solutions, webinar with Willis Environmental
In The News
9.11.12 Former Patton Boggs, U.S. Department of Justice Environmental Litigator Joins Husch Blackwell