Industry has evolved and so have environmental concerns. With the increasing importance of technology to the viability of all businesses has come an evolution in the industrial landscape. In addition to traditional manufacturing facilities, we now see more "clean room" processes and combined research, development and manufacturing facilities. The new technology era means more finely focused environmental concerns.

All businesses are increasingly confronted with a changing US and international regulatory landscape driven by concerns about climate change. Companies in all sectors of the economy are feeling the impacts of daily local, regional, national and international developments. There are varying levels of coordination among these developing schemes, presenting opportunities that can produce significant benefits for companies that develop and implement proactive business strategies. Where coordination is lacking, however, companies must identify and manage risks. Climate change also presents opportunities in the context of public branding, and even non-carbon-intensive companies must manage the manner in which they approach climate and energy issues, given its potential influence on their branding and corporate citizenship profile—both domestically and overseas.

Environmental issues are more subtle in a semiconductor chip manufacturing fab than in a paper mill, but they are as significant. Chemicals are critical in manufacturing, in the development of new technologies and in laboratories seeking solutions to life sciences mysteries. Accommodating environmental and public health protections and meeting the needs of rapidly changing markets are the new focus of environmental lawyers.

As research and development becomes the cornerstone to success in today’s technology era, it is increasingly important for all businesses to understand how to make their research and development operations environmentally compliant.

We are known nationally for our representation of companies in the technology, life sciences, energy and manufacturing sectors and for our ability to provide corporate leaders with comprehensive legal advice. Year after year, clients turn to our environmental lawyers to handle issues related to research and development of new technologies and products.

WilmerHale's nationally-recognized environmental lawyers combine a deep understanding of current and evolving environmental statutes and regulations with extensive environmental litigation experience to provide clients with sound guidance in the complex area of environmental law.

While representing companies in environmental enforcement, business transaction, permitting and litigation contexts, our environmental lawyers strive to reduce liability and transform environmental compliance obligations into opportunities. Our environmental litigators have represented clients in numerous administrative, civil and criminal enforcement actions, and in countless environmental civil litigations and dispute resolution proceedings.

We have been key participants in building national and regional environmental management organizations, and have worked with clients to influence regulatory and policy developments both on a federal and state level. Because members of the department are frequently asked to comment on proposed rules, we offer clients immediate access to current developments in all areas of environmental law.

Industry has evolved and so have environmental concerns. With the increasing importance of technology to the viability of all businesses has come an evolution in the industrial landscape. In addition to traditional manufacturing facilities, we now see more "clean room" processes and combined research, development and manufacturing facilities. The new technology era means more finely focused environmental concerns.

All businesses are increasingly confronted with a changing US and international regulatory landscape driven by concerns about climate change. Companies in all sectors of the economy are feeling the impacts of daily local, regional, national and international developments. There are varying levels of coordination among these developing schemes, presenting opportunities that can produce significant benefits for companies that develop and implement proactive business strategies. Where coordination is lacking, however, companies must identify and manage risks. Climate change also presents opportunities in the context of public branding, and even non-carbon-intensive companies must manage the manner in which they approach climate and energy issues, given its potential influence on their branding and corporate citizenship profile—both domestically and overseas.

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Clayton, Carol

Carol Clayton

Partner-in-Charge, Washington DC Office

Chair, Environmental Practice Group

+1 202 663 6650 (t)

carol.clayton@wilmerhale.com

Clayton, Carol

Carol Clayton

Partner

+1 202 663 6650 (t)

carol.clayton@wilmerhale.com

Cohn, Andrew H.

Andrew H. Cohn

Partner

+1 617 526 6218 (t)

andrew.cohn@wilmerhale.com

Kalpin, Mark C.

Mark C. Kalpin

Partner

+1 617 526 6176 (t)

mark.kalpin@wilmerhale.com

Kirsch, Robert C.

Robert C. Kirsch

Partner

+1 617 526 6779 (t)

rob.kirsch@wilmerhale.com

Louis, Frédéric

Frédéric Louis

Partner

+32 2 285 49 53 (t)

frederic.louis@wilmerhale.com

Meade, Kenneth R.

Kenneth R. Meade

Partner

+1 202 663 6196 (t)

kenneth.meade@wilmerhale.com

Ross, Lester

Lester Ross

Partner

+86 10 5901 6588 (t)

lester.ross@wilmerhale.com

Seyfarth, Martin

Martin Seyfarth

Partner

+49 30 20 22 64 30 (t)

martin.seyfarth@wilmerhale.com

Experience

Clients rely on us to address complex environmental liabilities, permit key operations and understand evolving environmental laws. Recently, we:

  • Persuaded the EPA to suspend what otherwise might have been a disruptive series of nationwide inspections at dozens of BBA US Holdings airport facilities, enabling the company to continue uninterrupted operations
  • Obtained summary judgment on behalf of National Grid USA in a contaminated property dispute focusing on successor liability claims

For a comprehensive review of our extensive experience, please visit the Environmental practice areas seen on the left of this page.

Publications & News

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February 26, 2013

WilmerHale Partner Mark Kalpin Publishes Article in American Gas Magazine

"The Impact of Exports," an article by Partner Mark Kalpin, was published in the February 2013 edition of American Gas magazine.

January 3, 2013

Exports of LNG and the Public Interest: The Department of Energy Releases Its Report on the Impact of LNG Exports on the US Economy

October 1, 2012

President Obama Issues Order Prohibiting Foreign Acquisition of US Company

On September 28, 2012, President Obama issued an order prohibiting a Chinese-owned company from acquiring four U.S. wind farm project companies. Although the U.S. government has not disclosed the national security issues raised by the transaction, the Treasury Department stated that the “wind farm sites are all within or in the vicinity of restricted air space at Naval Weapons Systems Training Facility Boardman in Oregon.” Parties considering foreign investment should not become unnecessarily alarmed about the Committee on Foreign Investment in the United States ("CFIUS") review process in terms of bias against foreign investment or investments from particular countries based on this rare action. CFIUS reviews remain highly fact-dependent and parties to a transaction should broadly consider possible issues related to national security even if their business is not directly involved in defense or other national security work.

August 14, 2012

Regulators Issue Final Rules and Interpretations Further Defining Swap-Related Terms

After much anticipation, the Commodity Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC) (together, the Commissions) on July 10 adopted joint final rules and interpretations further defining the terms “swap,” “security-based swap,” “security-based swap agreement” (SBSA), and “mixed swap” pursuant to Title VII of the Dodd-Frank Act (DFA).

August 13, 2012

On August 10, President Obama signed into law another expansion of US sanctions against Iran and Syria that, most significantly, makes US firms liable for their foreign subsidiaries’ involvement in sanctionable activity in Iran and further subjects non-US firms and their corporate officers to possible US sanctions. The Iran Threat Reduction and Syria Human Rights Act of 2012 (“Act”), like its 2010 predecessor, the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (“CISADA”), broadens the Iran Sanctions Act of 1996 (“ISA”) by requiring the President to take action against non-US firms involved directly or indirectly in specified transactions with Iran.

June 7, 2012

Chambers USA 2012 Final Results Announced

May 4, 2012

Bureau of Land Management Releases Draft Regulations Governing Hydraulic Fracturing on Federal Lands

March 30, 2012

Chambers USA 2012 Preliminary Results Announced

January 17, 2012

Cybersecurity and the Law: What To Expect in 2012

January 5, 2012

Recently Enacted Pipeline Safety Act Will Increase Federal Oversight of Oil and Gas Pipelines

Resources

June 10, 2009

NEPA Case Law Update: Presentation to Law Seminars International MEPA & NEPA Workshop
By Mark Kalpin and David Gold

May 28, 2009

Regulation of Energy Companies: New England Clean Energy Council Clean Energy Fellowship Program
By Mark Kalpin and David Gold

April 30, 2007

Changing the Climate of Climate Change: Overview of Massachusetts v. EPA No. 05-1120 (April 2, 2007)
by Kenneth Meade

November 15, 2006

EPA FY2006 Compliance & Enforcement Annual Results Prepared by the Environmental Protection Agency's Office of Enforcement and Compliance Assurance

November 15, 2006

EPA FY2006 Compliance & Enforcement Annual Results Briefing Presented by Granta Nakayama at the Environmental Protection Agency's Enforcement and Compliance Press Conference