As a member of BakerHostetler’s Chambers USA-ranked Environmental team, Lindsey Simmons’ practice focuses on environmental litigation and enforcement, regulatory compliance and counseling, white-collar criminal defense, internal investigations and incident response brought under the Clean Air Act, CERCLA, NEPA, EPCRA, Clean Water Act, Endangered Species Act, TSCA and FIFRA.
With significant experience in the automotive, transportation and fuel industries, Lindsey regularly advises clients on emissions violations, rulemaking challenges, products liability and warranty claims, import and export violations, vehicle and fleet certification, reporting auxiliary emissions control devices, battery compliance, CAFE standards and credits, field fixes, recalls, engine and vehicle labeling, zero-emission vehicles and voluntary disclosure statements. She has appeared before various law enforcement authorities, including the Department of Justice, the Environmental Protection Agency, the National Highway Traffic Safety Administration, the California Air Resources Board and various state attorneys general.
Lindsey’s work with regulatory authorities and knowledge of environmental responsibilities have made her a valuable asset to clients and she is frequently called upon to assist with on-site response and investigation efforts to assist in the management of regulatory and legal obligations. She has assisted clients in complying with EPCRA reporting obligations, whistleblower investigations and performing root cause analysis.
Lindsey has provided regulatory advice to clients on permits under Section 404 of the Clean Water Act, cost-sharing under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), marine fisheries compliance under the Magnuson-Stevens Fishery Conservation and Management Act, drafting environmental impact statements as required by the National Environmental Policy Act (NEPA) and complying with the Toxics Release Inventory (TRI).
Through her work with major manufacturers, Lindsey has developed an expertise addressing the legal, regulatory and economic issues arising under federal and state pesticide, chemical, emerging contaminants, consumer protection, advertising and food safety laws. Lindsey has counseled clients on all areas of the law involving the manufacturing, marketing and use of commercial chemicals and toxic substances, including product development, testing, labeling, right-to-know obligations, transportation, supply chain and importation issues. From PFAS to pesticides, Lindsey frequently helps clients navigate compliance with TSCA, FIFRA and state regulations which often lack a uniform approach.
Lindsey is also a skilled commercial litigator and has represented clients in the automotive, banking, oil & gas, financial services and manufacturing industries in all phases of litigation. Most of her litigation experience has been on behalf of national corporations in multidistrict litigations facing claims related to false advertising or products liability. In addition to her experience at the trial court level, Lindsey regularly drafts briefings to be submitted to the Courts of Appeals.
Lindsey is committed to public service and pro bono work. In 2018, she successfully represented a wrongfully convicted client who was released from prison after nearly 25 years. She has also worked to expunge criminal records and to defend victims of child abuse. As an Army wife, Lindsey has worked with many veterans and military family legal groups and focuses on upgrading military discharge statuses.