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Benjamin S. Lippard

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Lippard, Benjamin S.

Biography
Benjamin represents clients in a wide range of environmental matters, including civil litigation, civil and criminal enforcement defense, site remediation matters, and administrative proceedings. Ben also counsels clients regarding environmental issues associated with corporate transactions.  Ben’s practice focuses on matters involving CERCLA, RCRA, the Clean Air Act, and the Clean Water Act, as well as a variety of other federal and state environmental and regulatory programs. He has represented companies in the electric utility, oil and gas, and mining industries in environmental litigation, regulatory matters, internal investigations, and responses to catastrophic incidents. 

Ben is also a member of the firm’s Climate Change practice, with a focus on litigation matters related to climate change and greenhouse gas emissions.


Representative Experience
Enforcement Defense
  • Key member of the legal team defending against civil and criminal claims under federal environmental statutes arising out of an explosion at an oil refinery
  • Lead attorney representing a client in a U.S. Department of Transportation enforcement proceeding alleging violations of federal transportation safety regulations
  • Key member of the litigation team that defended a utility company in a civil enforcement action brought as part of the EPA's New Source Review Enforcement Initiative against the coal-fired utility industry
Environmental Litigation and Arbitration
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  • Key member of the legal team that obtained summary judgment in defendant’s favor in a CERCLA cost recovery action involving more than $150 million in alleged liability
  • Primary attorney involved in preparing client for an environmental arbitration regarding allocation of cleanup costs at a number of industrial facilities, including development of legal strategy, preparation of witnesses, and drafting related settlement agreements
  • Principal drafter of amicus curiae brief filed in a federal appeal involving potential civil liability for greenhouse gases emitted by electric utilities
Site Remediation
  • Represented client in connection with management of a voluntary response action at a major Superfund site being conducted by a group of cooperating parties
  • Drafted and negotiated provisions of EPA administrative orders on consent under Superfund as well as provisions of agreements organizing a group of potentially responsible parties at a major Superfund site
Internal Investigations
  • Key member of internal investigation team that investigated allegations related to mechanical integrity and worker health and safety issues at an oil production facility
  • Key member of an internal investigation team that investigated alleged securities law violations related to municipal bond disclosures by a major city
  • Key member of internal investigation team that investigated allegations that classified information was mishandled at a private research facility
Regulatory Proceedings
  • Represented a major city before the federal Surface Transportation Board in an effort to stop a proposed rail line because of the significant environmental issues that would impact local citizens
  • Assisted in representing clients before the Federal Energy Regulatory Commission in certificate proceedings where environmental issues were significant
Prior results do not guarantee a similar outcome.

Education and Professional Background
  • University of Virginia School of Law, J.D., 1998 (Editorial Board, Virginia Law Review; Order of the Coif)
  • University of Redlands, B.A. English Literature and Political Science cum laude, 1994 (Phi Beta Kappa)
  • Admitted to practice: Virginia, 1998; District of Columbia, 2000
Activities and Affiliations
  • Vice-Chair: Environmental Enforcement and Crimes Committee, American Bar Association Environment, Energy, and Resources Section (Special Issues, 2005 - 2006; Committee Newsletter, 2006 - 2007 and 2009 - 2011; Year in Review, 2008 - 2009)
  • Member: Steering Committee, District of Columbia Bar Association Environment, Energy, and Resources Section (2010 - 2011)
Publications and Presentations
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Benjamin S. Lippard
Partner
2200 Pennsylvania Avenue NW
Suite 500 West
Washington, DC 20037-1701

Tel  +1.202.639.6640
Fax  +1.202.879.8802
blippard@velaw.com

Industries/Practices
Climate Change Regulation

Environmental Litigation and Regulation

Arbitration and ADR

White Collar Criminal Defense