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

+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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November 25, 2014

FERC Annual Enforcement Report Underscores the Importance of Effective Compliance Programs

Last week, the Federal Energy Regulatory Commission (FERC) released its annual report on enforcement.

November 24, 2014

US and China Agree to Reduce Tariffs and Expand High-Tech Trade Through the Information Technology Agreement

The United States and China last week announced a breakthrough bilateral understanding regarding negotiations to expand the scope of the Information Technology Agreement.

November 4, 2014

U.S. News – Best Lawyers® Release 2015 “Best Law Firms” List, Names WilmerHale International Arbitration “Law Firm of the Year”

The 2015 U.S. News - Best Lawyers® "Best Law Firms" list includes WilmerHale being named a first-tier law firm in 24 national and 62 metro-area rankings. In addition, the firm boasts more than 20 second- and third-tier rankings in several national and metro-area rankings.

October 30, 2014

Modern Curtain Walls: 4 Simple Steps to Avoiding Costly Disputes & Performance Problems

An article by Brent Gurney and Andrew Cohn, published by Commercial Property Executive on October 30, 2014.

October 15, 2014

Restrictions Governing International Trade in Genetic Resources Enter Into Force

On October 12, 2014, the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits from their Utilization entered into international force. The Protocol establishes a new legal framework to govern access to and utilization of genetic resources, including genetic material and any naturally occurring derivative compound.

May 23, 2014

Chambers USA Ranks Top WilmerHale Lawyers and Practices in 2014 Edition

We are pleased to announce the names of the individuals and practice areas that are ranked in the 2014 edition of Chambers USA: America's Leading Lawyers for Business.

May 20, 2014

EPA Final 316(b) Rule Establishes Standards for Cooling Water Intake Structures at Existing Facilities

The US Environmental Protection Agency (EPA) yesterday released its final rule on cooling water intake structures for existing power plants, refineries and factories.

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.

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