Bernadette M. Rappold

Experience: Representative Matters: Petitioned the EPA for approval of new renewable fuel and prepared petitions for new renewable electricity producers.; Defended multinational manufacturer in Federal Communication Commission (FCC) enforcement action and assisted in the development of an FCC compliance plan.; Advised clients responding to emergencies (including fires and accidents).; Defended energy company in civil judicial enforcement action related to alleged stormwater violations.; Advised manufacturing start-up on environmental and DOT issues related to product distribution.; Defended client in complex state RCRA enforcement action and developed successful plan for federal intervention.; Assisted data and cloud center clients with complex air permitting, compliance and enforcement issues related to need for uninterrupted sources of backup power.; Defended multiple clients in mobile source enforcement actions under the Clean Air Act.; Assisted multinational electronics manufacturer with CAA compliance audits to obtain full penalty mitigation under federal and state audit policies and programs.; Performed environmental due diligence on large commercial real estate and M&A transactions.; Counseled clients on imports compliance under the Toxic Substances Control Act and the Clean Air Act.; Assessed and described material regulatory risks for SEC filings.; Advised multiple clients on strategic use of FOIA and the federal Information Quality Act.; Advised large agribusiness on Clean Water Act compliance requirements for concentrated animal feeding operations (CAFOs).; Developed, drafted and submitted successful comments on a proposed rulemaking that resulted in the inclusion of agricultural wastes and manure as approved cellulosic feedstocks under the EPA's Renewable Fuel Standard (RFS) program.; Petitioned the EPA on behalf of trade association for approval of sorghum oil-derived fuels as advanced biofuels under the RFS program.; Advised large agribusiness on requirements for creation of first-in-class hog manure to energy plant.; Defended large beverage manufacturer in Clean Air Act enforcement action for alleged NSR/PSD violations.; Advised food and beverage industry companies on compliance with anhydrous ammonia and ODS requirements.; Obtained applicability determination from the U.S. Environmental Protection Agency (EPA) under the Clean Air Act for a client's new renewable energy gasifier.; Defended municipal wastewater treatment plant in federal enforcement action under the Clean Water Act and the Clean Air Act.; Drafted client comments on proposed EPA rule that led to favorable changes in final rule under the Renewable Fuel Standard.; Defended clients in threatened and actual citizen suits under the Clean Air Act and the Resource Conservation and Recovery Act.; Assisted clients in performing environmental due diligence prior to purchase of contaminated property.; Broke through logjam and helped client obtain Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) registration for pesticidal device.; Obtained full penalty and liability mitigation for clients disclosing and correcting environmental violations under federal audit policy and state analogs.; Conducted internal investigation and successfully defended health care institution in Nuclear Regulatory Commission investigation of unfounded whistleblower claims.; Evaluated NEPA and other claims to assist client in obtaining secured bond financing for public transit project.; Represented whistleblower corporation in federal investigation of competitor engaged in criminal fraud under the Renewable Fuel Standard.; Litigated toxic tort claims on behalf of persons exposed to excess radiation from nuclear weapons plants.; Counseled clients on environmental compliance under all federal environmental statutes.; The above representations were handled by Ms. Rappold prior to her joining Greenberg Traurig, LLP.; Noteworthy Experience: Director, Environmental Protection Agency, Office of Enforcement and Compliance Assurance, Special Litigation and Projects Division, 2008-2013; Director, Environmental Protection Agency, Office of Enforcement and Compliance Assurance, Federal Facilities Enforcement Office, Site Remediation and Enforcement Staff, 2001-2008