Environmental Regulation, Litigation, and Counseling
Wiley Rein represents corporate clients in litigation and environmental enforcement actions in all regions of the United States. Our attorneys are deeply involved in governmental policy and legislative activities in the environmental arena at the state, federal, and international levels. We regularly counsel companies on environmental compliance and the environmental aspects of acquisitions, international trade, and real property transactions.
We have worked on rules and litigated cases arising under virtually every federal environmental program and state tort law, successfully defending cases arising under the CAA, the CWA, FIFRA, the ESA, the RCRA, the Superfund statute and state tort law. Our attorneys have also assisted clients in rule-makings under those statutes, OSHA, and the Hazardous Materials Transportation Act (HMTA), and have defended regulatory enforcement proceedings before agencies ranging from the PHMSA to the EPA. In addition, our attorneys have represented clients in other policy-making activities at the Office of Management and Budget (OMB), the Council on Environmental Quality (CEQ) and on Capitol Hill. In the international arena we provide counsel with respect to REACH, Restriction of Hazardous Substances (RoHS) Directive, Waste Electrical and Electronic Equipment (WEEE) Directive, and a range of international environmental treaties including the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, the Stockholm Convention on Persistent Organic Pollutants, and the Montreal Protocol on Substances That Deplete the Ozone Layer.
Representative Recent Experience:
- Obtaining dismissal on jurisdictional grounds of a challenge by environmental activists to EPA re-registration of azinphos methyl pesticide products (AZM), over the opposition of both EPA and plaintiffs, and obtaining affirmance of that decision by the U.S. Court of Appeals for the Ninth Circuit.
- Obtaining dismissal in two U.S. District Courts in California of environmentalist challenges to the EPA’s re-registration of pesticides products after alleged violation of, inter alia, the ESA.
- Successfully challenging in the Fourth Circuit, U.S. Court of Appeals, a District Court dismissal of a challenge to a Biological Opinion issued by the National Marine Fisheries Service under ESA, and current pursuit of summary judgment on the merits after remand.
- Successfully defending, on behalf of industry stakeholders, EPA regulations allocating methyl bromide allowances under the CAA.
- Successfully challenging EPA’s National Emission Standard for Hazardous Air Pollutants (NESHAP) for lead battery manufacturers.
- Successfully representing two companies in the first FIFRA data compensation case in which a submitter of data in support of one product sought payments from registrants of another product. Our Group has successfully represented over the last 30 years both claimants and respondents in numerous other data compensation/cost-sharing arbitrations under FIFRA. in numerous other data compensation/cost-sharing arbitrations under FIFRA.
Wiley Rein also has considerable experience in environmental auditing and other corporate compliance activities. In 1981, David B. Weinberg co-authored one of the first books on the subject, and over the years the team has continued to undertake audits and provide strategic counseling.
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News & Insights
News & Insights
- 2014 | ArticleLitigating Counterfeit Parts Risk: What EPA’s Buy American Checklist Can Teach DOD43 PUB. CONTR. L.J. 507
- August 15, 2014 | ArticleThe Return of Sweet Home in Texas Whooping Crane Case a Sign That ESA Issues Will Be Back Before the U.S. Supreme CourtThe Water Report, Issue #126
- May 23, 2014 | ArticleBloomberg BNA's Daily Environment Report
- January 21, 2014 | Media MentionLaw360
- October 15, 2013 | ArticleThe Water Report
- May 29, 2013 | Press Release
- May 20, 2013 | Press Release
- April 11, 2013 | ArticleBloomberg BNA's Daily Environment Report
- November 1, 2012 | Press Release
- August 1, 2012 | Media MentionE&E Reporter
- June 8, 2012 | Press Release
- May 8, 2012 | Media MentionBatteries International
- November 1, 2011 | Press Release
- August 30, 2011 | Press Release
- August 30, 2011 | Denver, CO | EventACS National Meeting: The Endangered Species Act & Pesticide Regulation: Scientific and Process Improvements
- June 27, 2011 | Orlando, FL | EventAn International and U.S. Regulatory and Legislative UpdateEnergy Battery Group Annual Meeting
- June 13, 2011 | ArticleLaw360
- June 10, 2011 | Press Release
- May 26, 2011 | Barcelona | EventU.S. Lead Battery Developments UpdateEUROBAT Annual Meeting
- May 2, 2011 | Miami, FL | EventAn International and U.S. Regulatory and Legislative UpdateBattery Council International Annual Convention
- April 13, 2011 | Media MentionThe National Law Journal
- March 4, 2011 | Media MentionEnvironment & Safety Practice Chair David Weinberg Discusses Fourth Circuit Win in Pesticides Case with BNABNA's Daily Environmental Reporter
- March 2, 2011 | Press Release
- February 25, 2011 | Media MentionLaw360
- September 15, 2010 | Press Release
- August 4, 2010 | Press Release
- January 20, 2010 | Press Release
- September 14, 2009 | Press Release
- June 12, 2009 | Press Release
- February 20, 2009 | Press Release
- December 31, 2008 | Press Release
- November 11, 2008 | Press Release
- June 18, 2008 | Press Release
- May 20, 2008 | Press Release
- February 28, 2008 | Press Release
- January 22, 2008 | Press Release
- September 21, 2007 | Press Release
- September 18, 2007 | Press Release
- June 20, 2007 | Press Release
- March 13, 2007 | Press Release
- February 23, 2007 | Press Release
- December 29, 2006 | Press Release
- August 30, 2006 | Press Release
- April 18, 2006 | Press Release
- February 17, 2006 | Press Release
- August 26, 2005 | Press Release
- March 7, 2005 | Press Release
- March 1, 2005 | Press Release
- February 1, 2005 | Press Release