Practice Expertise

  • Chemicals, Products and Hazardous Materials
  • Energy and Environmental Litigation
  • Energy
  • Energy Litigation

Areas of Practice

  • Chemicals, Products and Hazardous Materials
  • Energy
  • Energy and Environmental Litigation
  • Energy Litigation
  • Energy Transition
  • Environmental
  • Environmental Compliance, Litigation and ...
  • Environmental Issues In Business Transactions
  • International Renewable Energy and Clean ...
  • National Environmental Policy Act
  • Natural Resources
  • NEPA
  • Public Lands
  • Renewable Energy and Clean Power
  • Superfund (CERCLA), Site Remediation and ...
  • Sustainability and Corporate Clean Power
  • Unmanned Aircraft Systems
  • Unmanned Systems Group
  • Waste
  • Waste and the Circular Economy
  • Wind
  • View More

Profile

Eric is head of the firm’s administrative law team, comprising the environmental practice group and the regulated industries and government relations practice group. He is respected for his business-minded approach to environmental compliance and risk management, whether in the context of litigation, business transactions, administrative processes or day-to-day facility operations.

Clients from a wide array of industries, including energy companies, chemical manufacturers, waste management companies, banks and other financial service institutions and developers rely on Eric’s pragmatism and problem solving to navigate the complex network of laws at play in the environmental sphere. Clients appreciate his ability to communicate effectively when helping them assess and manage environmental risks affecting their business operations. In a 2009 interview with Law 360, counsel representing a co-defendant in an 8-year long case described Eric as “thoughtful and creative… [a] first-rate environmental litigator who proactively looked for ways to solve problems…[and] avoid costly and needless process.”

Eric has 30 years of experience litigating a wide range of environmental matters, including defense of enforcement actions, challenges to environmental permits, contractual disputes regarding environmental indemnities, challenges to administrative rulemakings and actions for recovery and allocation of costs for environmental cleanups. At the same time, a significant portion of Eric’s practice involves managing the environmental aspects of complex business transactions and major development projects. His extensive experience in both litigation and transactional matters gives him distinct insights into client needs, allowing him to balance their business objectives with practical aspects of the case at hand.

Eric’s practice encompasses all major environmental regulatory programs, including the Clean Water Act (CWA), Clean Air Act (CAA), CERCLA, RCRA, NEPA, the Endangered Species Act (ESA) and other resource and wildlife protection laws.

Representative Experience

Enforcement and Litigation

Eric has litigated cases in numerous federal and state courts across the country and is admitted to practice before the US Courts of Appeals for the Third, Fourth, Eighth, DC and Federal Circuits and the US Supreme Court. He has argued appeals before the Third, Fourth and Eighth Circuits.

  • Represents an electric utility company in defense of permit issued by the US Army Corps of Engineers for major new transmission line project in lawsuits asserting claims under NEPA, CWA and National Historic Preservation Act. Successfully opposed motions for preliminary injunction.
  • Counsel for an electric utility company in defense of citizen suit enforcement actions asserting claims under CWA and RCRA related to coal ash management. Successfully moved for dismissal of CWA claims.
  • Represents electric utility in connection with investigation and remediation of former generating facility site and associated investigation and remediation of for river sediments.
  • Counsels an electric utility company regarding compliance with CWA discharge permit and application for permit renewal.
  • Represented an electric utility company in EPA enforcement action regarding compliance with CWA discharge permit.
  • Defeated motion for preliminary injunction and won summary judgment for utility company joint venture dismissing challenge to permit for a major transmission line project alleging violations of NEPA and National Park Service Organic Act.
  • Represented an electric cooperative in litigation challenging EPA rule regulating coal combustion residuals.
  • Served as lead counsel to an energy company in litigation raising claims under NEPA, ESA, the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act seeking to set aside Presidential Permit for generation tie line connecting wind generating facility in Mexico to the electric grid in California.
  • Represents a waste management company in CERCLA cost recovery action related to Superfund site in Puerto Rico.
  • Represented an electric utility company defending CWA citizen enforcement action related to discharge permit.
  • Defended an electric utility company in CWA permit enforcement action resolved through a favorable settlement.
  • On behalf of major educational institution, defeated motion for preliminary injunction and secured eventual settlement resulting in dismissal of CWA citizen suit alleging unauthorized filling of wetlands in connection with housing project.
  • Secured settlements that sustained permits for new electric generating facility in litigation alleging violations of Section 404 of the CWA, NEPA and the ESA.
  • Won summary judgment for an electric utility company against NEPA challenge to Department of Energy loan guarantees for new IGCC generating facility.
  • Defeated motion for preliminary injunction and won summary judgment dismissing suit alleging violations of NEPA and the CWA in connection with a wetlands fill permit for a major redevelopment project at the Meadowlands Sports Complex. Successfully defended Third Circuit appeal of district court rulings.
  • Secured favorable settlement for waste management company against cost recovery claims under the New Jersey Spill Act by successfully negotiating agreement with regulatory agency to accept an innovative, low-cost, alternative remedy for groundwater contamination.
  • Successfully defended an energy company against claim for injunctive relief to prohibit the operation of an electric transmission line connecting new generating facilities in Mexico with the US electric grid in California pending supplemental NEPA review for permit action.
  • Secured dismissal for waste management company from toxic tort suit related to Superfund site by demonstrating that the company was not the legal successor to the party responsible for the release.
  • Won judgment in favor of chemical manufacturing company in ICC arbitration in connection with contract indemnity claim regarding environmental, health and safety matters at facilities in Mexico.
  • Successfully argued appeal requesting new trial for beverage company operator convicted of criminal violations of CWA reporting requirements.
  • Secured dismissal of criminal indictment against operator of vegetable canning facility for failure to report a release from an underground storage tank by disproving factual allegations underlying the charges.

Transactional Matters

Eric regularly advises clients on environmental matters for a wide range of transactional matters cutting across all of the major environmental regulatory programs. His work involves identifying environmental compliance requirements and environmental risks and developing creative approaches to managing these issues to ensure they do not become impediments to completing the transaction.

  • Advised tax equity investors on environmental diligence and risk management related to protected wildlife for more than two dozen successful wind and solar energy projects across the United States.
  • Led environmental diligence and drafted environmental contract provisions related to the acquisition of numerous operating electric power plants.
  • Negotiated agreements to allocate environmental liabilities and secured certification of completion of remediation under state voluntary cleanup program for major mixed-use development project.
  • Led environmental diligence and drafted environmental contract provisions related to the acquisition of large commercial nursery with operations in several states and Caribbean islands.
  • Advised developers, investors and lenders on environmental matters in connection with the development and acquisition of commercial and industrial facilities.
  • Supervised environmental due diligence and negotiated and drafted environmental agreements for dozens of real estate transactions and commercial financings.
  • Negotiated numerous multilateral agreements for the transfer of air emission credits.

Compliance Counseling and Administrative Process

Eric represents a variety of clients on day-to-day compliance with environmental law and in connection with associated administrative processes with regulatory agencies.

  • Represents electric utility company in connection with CERCLA investigation and eventual cleanup of Anacostia River sediments.
  • Regularly counsels electric utility companies regarding compliance with EPA regulation of coal ash.
  • Negotiated CERCLA consent decree that excluded a waste management company from operation and management requirements at Superfund site in Puerto Rico following completion of remedy construction, thereby reducing exposure to long-term risks and uncertainties.
  • Represented a chemical manufacturing company in connection with CERCLA response actions at former chemical weapons testing and manufacturing facility in North Carolina and persuaded EPA to discontinue expensive but ineffective groundwater pump and treat remedy in favor of targeted in situ bioremediation supplemented monitored natural attenuation.
  • Represents electric utility company on RCRA compliance, SPCC compliance, PCB management and NPDES permitting and provides counsel in support of initiatives to improve internal programs and control and mitigate enforcement risks.
  • Represents electric utility in connection with Remedial Investigation/ Feasibility Study for power plant site and adjacent river sediments.
  • Led comprehensive evaluation of environmental management and compliance programs for utility company to identify program improvements to reduce enforcement risks at multiple generating plants.

Bar Admissions

  • District of Columbia
  • Connecticut

Education
AB, Princeton University, cum laude, 1982

Areas of Practice

  • Chemicals, Products and Hazardous Materials
  • Energy
  • Energy and Environmental Litigation
  • Energy Litigation
  • Energy Transition
  • Environmental
  • Environmental Compliance, Litigation and Defense
  • Environmental Issues In Business Transactions
  • International Renewable Energy and Clean Power
  • National Environmental Policy Act
  • Natural Resources
  • NEPA
  • Public Lands
  • Renewable Energy and Clean Power
  • Superfund (CERCLA), Site Remediation and Natural Resource Damages
  • Sustainability and Corporate Clean Power
  • Unmanned Aircraft Systems
  • Unmanned Systems Group
  • Waste
  • Waste and the Circular Economy
  • Wind

Professional Career

Significant Accomplishments
  • Represents energy company in defending NEPA challenge to permit for electric transmission line connecting new wind generating facilities in Mexico with the US electric grid in California.
  • Represents developers, investors and lenders on environmental matters in connection with the development and acquisition of major energy facilities (including coal, gas, wind, solar, and geothermal)
  • Represents chemical manufacturing company on CERCLA and RCRA matters in connection with manufacturing facility in North Carolina.
  • Represents electric utility company on various environmental compliance matters and response actions.
  • Represents major waste management company in CERCLA litigation involving sites in numerous jurisdictions, including New Jersey, New York, Pennsylvania and Puerto Rico.
  • Supervised environmental due diligence and negotiated and drafted environmental agreements for numerous real estate transactions and commercial financings.
  • Represented utility company joint defense group in successfully defending NEPA challenge to National Park Service permit for major electric transmission line project.
  • Represented electric utility company in successfully defending NEPA and ESA challenge to CWA permits for new generating facility.
  • Represented electric utility company in successfully defending NEPA challenge to Department of Energy financial assistance for new IGCC generating facility.
  • Represented real estate developer in successfully defending NEPA challenge to CWA permit for a major redevelopment project at the Meadowlands Sports Complex.
  • Represented energy company in successfully defending NEPA challenge to permits for electric transmission line connecting new generating facilities in Mexico with the US electric grid in California.
  • Represented waste management company in defending toxic tort suit related to Superfund site in New Jersey.
  • Represented mining company in CERCLA litigation regarding cleanup of mine site in Maine.
  • Defended PTOW official and beverage production company in criminal prosecutions under the Clean Water Act.
  • Represented major national bank in litigation involving liability for cleanup of a contaminated manufacturing facility in South Carolina.
  • Negotiated numerous multilateral agreements for the transfer of air emission credits.
  • Participated in numerous administrative rulemaking proceedings involving federal regulation of wetlands under the Clean Water Act.
  • Participated in numerous administrative rulemaking proceedings under the Clean Air Act, as well as related federal appellate court litigation.
  • Represented the Commonwealth of Virginia and the Cities of Virginia Beach and Chesapeake in connection with a BRAC order regarding the realignment of a major Navy jet base.



Professional Activities and Experience
  • 2017 Chambers USA Environment Law Firm of the Year


Articles

  • How “Extraordinary” Is Injunctive Relief in Environmental Litigation? A Practitioner's Perspective, The Environmental Law Reporter
  • A Decade of Superfund Litigation (with Jones and McSlarrow), Environmental Law Reporter
  • Unmanned Aircraft Operations in the Energy and Mining Industries: An Overview of the Legal and Regulatory Landscape, 36 Energy & Min. L. Inst.
  • Government Ethics As If People Mattered, 58 George Washington Law Review 502

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