Keller and Heckman’s world-renowned Environmental Practice provides industrial, corporate, and association clients with creative and cost-effective solutions for regulatory compliance, environmental management, and pollution prevention. Together with in-house scientists, our attorneys provide efficient and practical, problem-solving advice to help companies achieve continuous compliance with global environmental laws, minimizing their risk of production delays, increased governmental oversight, private and government litigation, adverse media reports, monetary liability, and reputational damage. The strength of our practice derives from our deep understanding of our clients' industries and having a broad range of relevant environmental expertise, both scientific and legal.
Keller and Heckman attorneys represent clients before regulating environmental agencies worldwide. In the U.S., this includes the U.S. Environmental Protection Agency (EPA) and the environmental agencies of the 50 states, the US Army Corps of Engineers, U.S. Fish and Wildlife Service, the Pipeline and Hazardous Materials Administration, the Department of Homeland Security, the Animal and Plant Health Inspection Service, the Department of Energy, the Bureau of Industry and Security at the Department of Commerce, the Alcohol and Tobacco Tax and Trade Bureau, and when necessary the U.S. Department of Justice. We also work with a variety of agencies that directly and indirectly shape environmental policy, such as the National Institute of Occupational Safety and Health, the National Academies of Science, and international standard setting organizations, such as ASTM International and the International Organization for Standardization (ISO). Outside the U.S., we work with the European Chemicals Agency (ECHA), Environment Canada, Health Canada, Ministry of International Trade and Industry (MITI) Japan, and WorkSafe Australia.
We counsel clients doing business in the U.S. on numerous mandates, including: the Clean Air Act; the Clean Water Act; the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); the Emergency Planning and Community Right-To-Know Act (EPCRA); the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA); the Hazardous Materials Transportation Act; the National Environmental Policy Act; Resource Conservation and Recovery Act (RCRA); the Safe Drinking Water Act; and the Toxic Substances Control Act (TSCA). Additionally, we represent clients in matters involving a growing list of international protocols and treaties, such as the Registration, Evaluation, and Authorisation and Restriction of Chemicals (REACH); 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.
- Conducted an extensive internal investigation for a global chemical company involving potential soil and groundwater contamination stemming from alleged chemical releases at multiple manufacturing facilities located across several states
- Coordinated a multi-facility internal compliance audit and assisted in submittal of self-disclosures under the U.S. EPA’s “Audit Policy” and related state analogues
- Defended enforcement action for a client
- Built coalitions to support regulatory-related litigation and amicus activities
- Helped companies secure competent authority approvals, special permits, and letters of interpretation from regulatory authorities around the world
- Prepared enforcement-focused marketing materials regarding initial implementation of new nano reporting rule for a client
- Obtained Department of Energy test procedure waivers on behalf of clients
Areas of Focus
Assisting clients with efficient, conclusive environmental training to achieve continuous compliance with global environmental laws, increased governmental oversight, litigation, adverse media report, and liability claims, including with environmental management systems and the ISO 14001 standard
Counseling and representing clients regarding administrative hearings and enforcement actions, environmental and toxic tort litigation, and criminal environmental litigation
Providing guidance regarding environmental compliance audits, environmental management audits, and functional environmental audits, such as for water and electricity
Guiding clients through toxic and environmental release reporting, false environmental marketing claims, and reporting on regulatory and legislative actions and trends
Counseling on rulemaking proceedings and related appellate work including those aimed at phasing out ozone depleting chemicals
Providing guidance to clients if EPA does cleanup work using Superfund money and attempts to recover costs from responsible parties