Benjamin S. Lippard

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 an EPA enforcement action alleging violations of the Clean Air Act’s New Source Review requirements and exceedances of air emissions limits

Represented a client in responding to a CERCLA unilateral administrative order regarding a significant sediment remediation project

Key member of the litigation team that successfully defended a utility company in a major civil enforcement action brought as part of the EPA’s New Source Review Enforcement Initiative against the coal-fired utility industry

Represented clients in numerous environmental litigation matters involving complex legal and scientific issues, including both CERCLA cost recovery litigation and toxic tort litigation, with a focus on written advocacy, development of expert testimony, and corporate structure issues

Represented a client in a Superfund litigation matter and obtained summary judgment in defendant’s favor in a case involving more than $150 million in alleged liability

Represented a client in a citizen suit alleging that a client had not sufficiently addressed climate change and physical climate risks in facility planning and permitting

Primary attorney involved in preparing a 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

Second-chaired an arbitration proceeding under an environmental indemnity contained in a $500 million asset purchase agreement; the claims at issue related to an EPA enforcement action against a large industrial facility in Virginia

Lead attorney dealing with environmental issues related to the condemnation of a historic hazardous waste site

Represented a client in a mediation process with the United States that resulted in a settlement where the federal government agreed to accept a greater than 50% share of the costs to clean up historic mining sites in the Southwestern U.S in light of potential CERCLA claims that could have been asserted by the client

Represented a client in preparing comments to a proposed EPA remediation plan for a major sediment site where cleanup costs are forecast to exceed $1 billion

Represented a client in connection with the 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

Represented a client in defense of a criminal enforcement action in connection with an explosion at an oil refinery

Provided strategic advice regarding the legal risks and risk reduction measures related to serious event scenarios at its industrial facilities

Represented a major industrial facility in developing a compliance strategy to address the requirements of EPA’s reginal haze regulations and the National Ambient Air Quality Standards for sulfur dioxide; this engagement involved commenting on proposed EPA regulations, advising the client regarding compliance and air modeling issues, and appellate litigation challenging certain regulatory actions

Represented a municipality in responding to EPA requests for information and potential enforcement action regarding Clean Water Act compliance for its municipal sewer systems

Advising client on EPA’s rulemaking regarding waters of the United States 

Represented a client developing a strategy to respond to EPA proposed rule revising the definition of “solid waste” under the Resource Conservation and Recovery Act

Represented clients responding to federal and state natural resource trustees’ claims for damages and assessment costs at various sites

Served as coordinating counsel for a group of companies responding to federal and state natural resource trustees’ claims for damages and assessment costs at a significant sediment site

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