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

Ross, Lester

Lester Ross

Partner

+86 10 5901 6588 (t)

lester.ross@wilmerhale.com

Salazar, Ken

Ken Salazar

Partner

+1 720 274 3131 (t)

ken.salazar@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 13, 2014

NIST and DHS Release Final Cybersecurity Framework, Roadmap, and Voluntary Program for Cybersecurity Assistance

Yesterday, the National Institute of Standards and Technology (NIST) released the final version of the voluntary federal cybersecurity standards known as the Cybersecurity Framework, along with a “Roadmap” explaining how the government will work with the private sector, other countries, and international organizations to refine and improve the Framework over the next several years.

January 8, 2014

European Commission Spells Out Conditions for Public Support to the Energy Sector

The European Commission has for the first time prepared detailed rules for public support that EU Member States may grant to the energy sector.

January 6, 2014

WilmerHale Announces the Elevation of Partners and Special Counsel

We are pleased to announce the elevation of our new partners and special counsel.

December 16, 2013

Legal 500 Germany 2014 Recognizes WilmerHale Lawyers and Practice Areas

The Legal 500 launched its new edition Legal 500 Deutschland, Germany's guide to outstanding lawyers, and recognizes WilmerHale in seven categories.

November 1, 2013

WilmerHale Among U.S. News – Best Lawyers® “Best Law Firms” and Again Named International Arbitration “Law Firm of the Year”

The 2014 edition of the U.S. News – Best Lawyers® “Best Law Firms” list names WilmerHale as “Law Firm of the Year” in International Arbitration—this is the second consecutive year that the firm has won this honor—and honors WilmerHale as a first-tier law firm in 27 national and 60 metro-area rankings.

September 26, 2013

Restrictions Governing International Trade in Genetic Resources Move Closer to Adoption

The European Parliament has approved a new Regulation to implement the "Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits from their Utilization" (“Nagoya Protocol” or “Protocol”).

September 13, 2013

New Post-Grant Patent Proceedings Exceeding Expectations

September 16 marks the second anniversary of the America Invents Act, which brought about the most significant changes in US patent laws in more than 50 years. One very significant change was the introduction of three new post-grant patent proceedings that permit third parties to challenge the validity of a patent in the US Patent and Trademark Office.

July 16, 2013

Environmental Groups Petition EPA to Regulate Stormwater Discharges

On July 10, 2013, a group of environmental organizations (including American Rivers, Conservation Law Foundation (CLF) and Natural Resources Defense Council) petitioned the US Environmental Protection Agency (EPA) to impose sweeping stormwater permit requirements on commercial, industrial and institutional sites in EPA Region 1 (New England), 3 (Mid-Atlantic) and 9 (Pacific Southwest).

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

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