Environmental & Regulatory

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Environmental & Regulatory

Steptoe & Johnson's environmental attorneys represent clients before federal, state, and local courts and administrative boards in civil, criminal, and administrative matters.  Group environmental lawyers possess extensive experience as seasoned litigators who can handle commercial and energy-related litigation in high profile cases.  Environmental practice group attorneys possess the knowledge and experience to understand the highly technical nature of environmental issues that are sometimes unique to Kentucky, Ohio, Pennsylvania and West Virginia, in fact Steptoe was the first firm to successfully secure regulatory approval for a multi-lateral Utica well. Steptoe & Johnson's environmental attorneys work as a team to provide practical, cost-effective solutions to environmental problems, whatever their nature.

The environmental practice group includes attorneys who regularly counsel clients on environmental issues including the following:
 

  • Industry and municipality compliance under federal and state laws and regulations
  • Penalty and enforcement actions
  • Site remediation and planning (including Brownfields)
  • Indemnity and transactional documentation
  • Audit and assessment planning
  • Underground storage tank remediation and closure
  • Superfund cost recovery, allocations, and site delisting RCRA and hazardous and solid waste disposal permitting and enforcement
  • Clean Water Act permitting, compliance, and enforcement
  • Clean Air Act permitting, compliance, and enforcement
  • Complex federal citizen suit litigation
  • Compliance counseling under all environmental regulatory programs
  • Real estate and infrastructure development
  • Toxic tort litigation


    • Steptoe & Johnson's environmental attorneys work as a team to provide practical, cost-effective solutions to environmental problems, whatever their nature.

 

8 Team Members

We're all in this together

Know How

Alert WV House Judiciary Committee Amends Horizontal Well Legislative Rule
On April 9, 2013, the House Judiciary Committee amended SB 243, the West Virginia Department of Environmental Protection ("WVDEP") rules bill which includes the promulgation of permanent legislative rules, 35 Code of State Rules, Series 8, regarding horizontal well development in West Virginia.  The rule is mandated by provisions of the West Virginia's Natural Gas Horizontal Well Control Act, W.Va. Code Chapter 22, Article 6A.
Alert Ohio EPA Proposes Air Permitting Changes for Oil and Gas Well Sites
Ohio Environmental Protection Agency (EPA) has recently proposed several changes to its general permits for oil and gas well site production operations.  These changes would:
Alert States May Sue EPA Over Methane Emissions
Seven northeastern states – New York, Connecticut, Delaware, Maryland, Massachusetts, Rhode Island and Vermont – have notified the Administrator of United States Environmental Protection Agency (EPA) that they plan to sue the agency over recently adopted rules to control air pollution from oil and gas operations unless the agency takes steps to correct perceived deficiencies in those rules and their treatment of greenhouse gas emissions.  The New Source Performance Standards for oil and gas production operations – which became effective on October 15, 2012 – require “green completions” to minimize emissions during flowback from hydraulically fractured wells, as well as certain other emission controls on various processes associated with oil and gas production.  However, according to the states, the rules did not directly address emissions of methane – a greenhouse gas.  The states wan
Webinar October 2012 - Webcast Slides - Legislative Rule-Making in West Virginia and the Proposed WVDEP Horizontal Well Rules
Legislative Rule-Making in West Virginia and the Proposed WVDEP Horizontal Well RulesFollowing passage of the West Virginia Natural Gas Horizontal Well Control Act in December 2011, the West Virginia Department of Environmental Protection filed a proposed legislative rule, 35 CSR, Series 8 (the "Horizontal Well Rule"), addressing the regulation and production of natural gas from horizontal wells in West Virginia.  In response to public comments received, the DEP recently filed a modified version of its Horizontal Well Rule.  This is the final step to be taken by the agency prior to the consideration of the rule by the legislature.  The legislative rule-making committee will now begin its own review of the modified Horizontal Well Rule in hopes that  it will be ready for consideration by the whole legislature during the upcoming 2013 Regular Session.Discussion includes
Webinar October 2012 - Webcast Presentation - Legislative Rule-Making in West Virginia and the Proposed WVDEP Horizontal Well Rules
To watch and listen to a recording of this webcast, CLICK HERE. October 2012 - Energy Keynote Webcast Legislative Rule-Making in West Virginia and the Proposed WVDEP Horizontal Well Rules
Webinar November 2011 - Webcast Slides - MSHA Citation Defense - An Operator's Guide
MSHA Citation Defense - An Operator's GuideUnderstanding and handling MSHA citations and petitions can be a tedious task. Steptoe & Johnson attorneys have excellent insight into MSHA and how to handle citations and will share some of this knowledge with you this month. This webcast will address the litigation process of MSHA citations and petitions, how the negotiation process works with a Department of Labor attorney, and will give you tips as to what you can do at the time of inspections/citations to help your attorneys defend you. Discussion included: The litigation process of MSHA citations and petitions Update on the backlog project Demonstration of the negotiation process Your defense: what you can do to help    
Alert EPA Finalizes New Rules for Natural Gas Industry
EPA Finalizes Natural Gas Industry GHG Reporting Requirements On November 8, 2010, the United States Environmental Protection Agency (EPA) finalized reporting requirements for the petroleum and natural gas industry under the Greenhouse Gas (GHG) Reporting Program, 40 C.F.R Part 98. Beginning in 2011, petroleum and natural gas facilities that emit more than 25,000 metric tons of carbon dioxide equivalent (CO2e) per year are required to monitor and report all greenhouse gas emissions to EPA. Data collection will begin January 1, 2011, with the first annual reports due to EPA in 2012.

Representative Experience

  • Representation of automobile manufacturer, whose operations included gray iron foundries used to cast engine blocks

  • Submitted numerous comments to Ohio and US EPA on rulemaking packages affecting coal and steel clients, including major Title V permit program, major New Source Review rulemakings, PM2.5 and NOx SIP call rulemakings, Ohio’s air toxics rules, and others

  • Review of permit and regulatory/statutory obligations to ensure client was aware of/meeting requirements; pre-submission review of reports and sworn compliance certifications, with an eye to minimizing any self-incrimination or admission of noncompliance

  • Representation of steel company before US EPA Region 5 and Ohio EPA

  • Represented a heavily regulated bankrupt coke battery operating pursuant to US EPA consent decree and order of bankruptcy court with all aspects of environmental compliance

  • 15 years of experience with major coal fired electric facilities, including issues arising from coal loading and unloading facilities, coal processing/crushing, conveyors, dryers, preheaters, boilers, scrubbers, baghouses, fly ash and lime handing systems, and ash ponds

  • Represented client in litigation involving perchloroethylene contamination of ground surrounding a dry cleaning establishment

  • Represented production and midstream energy companies with regard to the negotiation and resolution of federal environmental claims pursuant to the Clean Water Act

  • Represented production and midstream energy companies with regard to the negotiation and resolution of state air quality, water and waste environmental claims pursuant to various state acts in Appalachia

  • Represented energy, regulatory, and municipal clients with regard to permitting, enforcement and administrative matters before environmental agencies and boards in Appalachia, including claims regarding well contamination, permit issuance, permit terms and conditions, and permit transfer

  • Evaluated environmental, health and safety compliance, and site contamination risks, and counseled clients about reporting obligations and compliance

  • Led environmental audit team from initial response to TSCA and CERCLA regulations through audit and results presentation
  • Represented clients in numerous CERCLA, RCRA and other solid waste-related matters
  • Obtained first Certificate of Completion under West Virginia Voluntary Remediation Act
  • Represented municipal entities challenging draft storm water permit requirements

  • Sought contribution under CERCLA from responsible party for $100+ million environmental remediation

  • Represented municipality in the sale of its water and sewer systems

  • Negotiated with state agencies to modify NPDES permit and address operational and legal issues regarding wastewater treatment facilities

  • Organized group of utilities to implement funding legislation for Chesapeake Bay program and appeal WV DEP's implementation of the Bay program
  • Worked with state agencies to modify public service district's upgrade plans and maintain compliance with a WV DEP grant order
  • Represented client in wasteload allocation and NPDES permit process over objections of local citizens and industry competitors
  • Represented clients before environmental agencies in numerous environmental enforcement actions
  • Provided client with advice and consultation to allow consistent compliance with regulatory obligations
  • Negotiated resolution of various environmental issues arising from sales and purchases of various businesses

  • Performed environmental due diligence in transactions involving acquisition of manufacturing facilities and/or real estate

  • Litigated numerous claims for property contamination and CERCLA cleanup actions
  • Jury trials and defense of management officials prosecuted for criminal violations of federal environmental laws

Susan S. Brewer

"We believe that trusting relationships are essential to achieving client goals, but don't take my word for it, ask one of our clients.

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Did you know?

14 Offices Throughout the U.S.

14 offices throughout Colorado, Kentucky, Ohio, Pennsylvania, Texas and West Virginia.

Face-to-Face Client Interviews

25+ face-to-face client interviews are conducted every year by our CEO and firm management to learn how we can do better (so please give us an earful).

10.5 Years

equals the average tenure of our client relationship. We'd like to be in it for the long haul with you too.

One Firm

Ours is a client-of-the-firm culture, service model and compensation system that matches the best talent to the assignment and puts your economic interest ahead of ours.

Leaders in our Field

22 of us are ranked as “Leaders in their Field” by Chambers USA.

Leaders in our Field

Steptoe & Johnson was the first firm to successfully secure regulatory approval for a multi-lateral Utica shale well.

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