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Benjamin S. Lippard
Benjamin S. Lippard
Partner — Environmental & Natural Resources
Partner — Environmental & Natural Resources

Benjamin S. Lippard

Benjamin S. Lippard
Washington

2200 Pennsylvania Avenue NW
Suite 500 West
Washington, DC 20037

Benjamin S. Lippard

Experience Highlights

  • Lead attorney representing a client in an EPA enforcement action alleging violations of the Clean Air Act’s New Source Review requirements and exceedences 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

  • 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

  • Represented a major industrial facility in developing a compliance strategy to address the requirements of EPA’s regional 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

  • 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 exceedences of air emissions limits

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

  • 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 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

  • 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 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 clients in managing and resolving historic liabilities associated with a number of historic mining operations across the United States

  • 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 regional 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

Credentials

  • 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)
  • Chambers USA, Environment (District of Columbia), 2017 and 2018
  • Chair: Environmental Enforcement and Crimes Committee, American Bar Association Section of Environment, Energy, and Resources, 2014–2015
  • Vice-Chair: Environmental Enforcement and Crimes Committee, American Bar Association Section of Environment, Energy, and Resources ; 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, 2014–2015
  • Chair: Standing Committee on Site Remediation and Environmental Liability, District of Columbia Bar Association Environment, Energy, and Resources Section, 2013–2015
  • Virginia
  • District of Columbia
  • “EPA’s Audit Policy 2.0: Voluntary Disclosures in the Electronic Age,” Program Sponsored by the Environment, Energy, and Natural Resources Section of the District of Columbia Bar, March 8, 2016 (moderator)
  • “Ethics Considerations for the Environmental Lawyer,” American Law Institute, June 2015 (speaker)
  • “Natural Resource Damages – Update on 2014 Case Law,” Ad Hoc Committee on Natural Resource Damages, February 2015 (speaker)
  • “Settling CERCLA Cases:  Implementing an Effective Strategy,” Strafford Seminars, February 2015 (speaker)
  • “The Future of Drilling in the U.S. Arctic,” American Bar Association Section of Environment, Energy, and Resources Marine Resources Committee Newsletter, January 2014 (co-author)
  • “Recent Developments under the Migratory Bird Treaty Act,” Daily Environment Report, Vol. 12, No. 70, April 12, 2012 (co-author)
  • “Reflections on Durban,” V&E Climate Change Report, February 10, 2012, Issue 17 (co-author)
  • “For Now, Durban Platform Is Just A Stepping Stone,”Law360, January 4, 2012 (co-author)
  • “Implications of U.S. v. EME Homer City Generation,” Law360, November 10, 2011 (co-author)
  • “The Trouble With Atmospheric Public Trust Claims,”Law360, June 2, 2011 (co-author)
  • “Unresolved CERCLA Issues after Atlantic Research and Burlington Northern” 40 Environmental Law Reporter 11198, December 2010
  • “Challenges Plaintiffs Face in Litigating Federal Common Law Climate Change Claims,” 40 Environmental Law Reporter 10845, September 2010
  • “Environmental Enforcement and Crimes Report,” ABA’s Environment, Energy, and Resources Law: The Year In Review 2008
  • “Recent Developments in Hazardous Waste Litigation and Enforcement,” 29 EPA Administrative Law Reporter 6, January 2007
  • “The Five Commandments of New Source Review: Stone Tablets from the Defense,” Environmental Manager Magazine, September 2004
  • “Environmental Enforcement Developments in 2003,” 34 mThe Environmental Law Reporter 10073, 2004 (cited in United States v. Alabama Power Co., 372 F. Supp. 2d 1283, 1299 n.30 (N.D. Ala. 2005))
  • “TVA Decision Calls EPA’s Unilateral Enforcement Authorities Into Question,” 34 The Environmental Law Reporter 1894, 2003
  • “Environmental Enforcement: Industry Should Not Be Complacent,” 32 The Environmental Law Reporter 10488, April 2002
  • “Environmental Enforcement Developments – 2001,” The Environmental Counselor, January/February 2002