Rob Kirsch assists clients with controversial environmental issues at the cusp of law, science, and public policy.
Mr. Kirsch has defended clients in criminal, civil and administrative investigations, and enforcement proceedings. Recent experience includes representation of a Fortune 100 company in simultaneous criminal and administrative investigations, representation of a government contractor involved in investigations by the US Department of Justice and the Environmental Protection Agency, negotiation of the first global environmental and contract-based settlement between the Departments of Defense and Justice and a contractor, and the successful defense of a federal contractor, with no penalty, in an investigation by the Environmental Protection Agency under the Clean Air Act.
Mr. Kirsch represents clients in judicial and administrative litigation including in cost recovery disputes, state and federal enforcement cases and permit appeals. Recent matters include: a precedent-setting cost recovery matter through the trial and appellate stages involving shareholder, successor, and indemnity claims; a successful three-year permit modification for a major solid waste facility through administrative approval and judicial appeal proceedings; and a vigorously litigated proceeding relating to an application to relicense a controversial nuclear energy facility.
Managing high-profile issues for clients is a focus of Mr. Kirsch's practice. He has represented proponents of facilities before state and federal agencies. That work has included developing permit and permit appeal strategies under state and federal clean air laws, defense of IPP operators in administrative and civil proceedings, defending and attacking administrative decisions in judicial appeals, defense of development clients against claims of coastal damage, and complex due diligence work in facility acquisitions.
Mr. Kirsch has pursued many innovative permit applications and appeals. He advises about the environmental aspects of mergers and acquisitions, real estate transactions, SEC disclosure requirements, the implications of Sarbanes-Oxley and other environmental reporting obligations. He has counseled clients under the Resource Conservation and Recovery Act, the Toxic Substances Control Act, the Oil Pollution Act, the National Environmental Policy Act, the clean air and clean water acts, as well as state and federal laws relating to radioactive materials.
Mr. Kirsch represents industrial as well as research and development clients using state and federal self-disclosure policies and has been involved in disclosures implicating more than 100 locations in the United States. He currently serves as common counsel in multiple Superfund proceedings, has lead common defense efforts involving more than 1,000 parties, and recently ensured 25 years of positive cash flow for one client group, building the first solar energy facility on a CERCLA landfill site.
Between 2004 and 2015, Mr. Kirsch led a WilmerHale pro bono team representing six men held at the US Naval Base at Guantanamo Bay. That team consistently prevailed in major US courts, including the Supreme Court (Boumediene v. Bush), the federal district court (November 2008), the first Guantanamo-related habeas corpus trial in the United States, and the US Court of Appeals for the District of Columbia Circuit (2010)—receiving the only ruling that court has issued in favor of a Guantanamo prisoner out of the more than 20 such decisions issued to date. In 2009, Mr. Kirsch negotiated the first resettlement from Guantanamo to an EU nation where the man was not a citizen. All six WilmerHale clients are now free.