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Home | BakerHostetler

NLRB Readopts 2020 Joint Employer Rule, Sunsets Biden Rule

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S&G Article #2

Securities and governance litigation insights

<div>
<p>Our multifaceted team, with offices across the country, provides a sophisticated federal practice coupled with a robust understanding of complex state and local issues. We are a one-stop shop for our clients. As illustrated in more detail in our list of representative matters below, we do work for clients in the following areas:</p>
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<ul class="wp-block-list">
<li>Compliance Counseling</li>



<li>Environmental Litigation / Toxic Tort</li>



<li>Emerging Contaminants / Product Stewardship / Chemical Regulation</li>



<li>Legacy Site / Project Management / Contract Disputes</li>



<li>Transactions / EHS Due Diligence / Environmental Insurance</li>



<li>Sustainability / Climate Change / ESG</li>



<li>NEPA / Natural Resources Law</li>



<li>Natural Resource Damages</li>



<li>OSHA / Workplace Safety</li>



<li>Superfund / Cost Recovery / Contribution Actions</li>



<li>Projects / Permitting / Permit Appeals</li>



<li>Civil, Criminal and Administrative Enforcement Defense</li>



<li>Carbon Capture and Sequestration</li>



<li>Emergency / Spill Response</li>



<li>Rulemakings / Proceedings / Challenges</li>



<li>Offshore Energy Projects</li>



<li>Renewable Fuels</li>



<li>Citizen’s Suits</li>



<li>Emissions Trading and Offsets</li>



<li>Brownfield Redevelopment</li>
</ul>


core/list-item

List Item

<li>Environmental Litigation / Toxic Tort</li>

Emerging Contaminants / Product Stewardship / Chemical Regulation

<li>Emerging Contaminants / Product Stewardship / Chemical Regulation</li>

Legacy Site / Project Management / Contract Disputes

<li>Legacy Site / Project Management / Contract Disputes</li>

Transactions / EHS Due Diligence / Environmental Insurance

<li>Transactions / EHS Due Diligence / Environmental Insurance</li>

<li>Sustainability / Climate Change / ESG</li>

Superfund / Cost Recovery / Contribution Actions

<li>Superfund / Cost Recovery / Contribution Actions</li>

<li>Projects / Permitting / Permit Appeals</li>

Civil, Criminal and Administrative Enforcement Defense

<li>Civil, Criminal and Administrative Enforcement Defense</li>

<li>Carbon Capture and Sequestration</li>

<li>Rulemakings / Proceedings / Challenges</li>

<ul><li>Compliance Counseling</li><li>Environmental Litigation / Toxic Tort</li><li>Emerging Contaminants / Product Stewardship / Chemical Regulation</li><li>Legacy Site / Project Management / Contract Disputes</li><li>Transactions / EHS Due Diligence / Environmental Insurance</li><li>Sustainability / Climate Change / ESG</li><li>NEPA / Natural Resources Law</li><li>Natural Resource Damages</li><li>OSHA / Workplace Safety</li><li>Superfund / Cost Recovery / Contribution Actions</li><li>Projects / Permitting / Permit Appeals</li><li>Civil, Criminal and Administrative Enforcement Defense</li><li>Carbon Capture and Sequestration</li><li>Emergency / Spill Response</li><li>Rulemakings / Proceedings / Challenges</li><li>Offshore Energy Projects</li><li>Renewable Fuels</li><li>Citizen’s Suits</li><li>Emissions Trading and Offsets</li><li>Brownfield Redevelopment</li></ul>

We are confident, experienced litigators and trial lawyers. Whether it is civil or criminal litigation or rulemaking challenges, we have tried and won some of the most notable environmental cases reported. We also are nationally known for our experience in the Clean Air Act and the defense of citizen suit claims arising under all federal environmental statutes, and we are often engaged at the start of large-scale projects to assist clients to successfully maneuver through the permitting process, including appeals and defense against challenges. We have successfully secured permits for facilities requiring Clean Air Act and Clean Water Act permits in recent years as well as successfully defended and brought administrative and judicial appeals regarding these permits. This work also includes supporting our clients through the National Environmental Policy Act process and other natural resources laws and, when necessary, defending or challenging federal and state decisions related to these matters. In addition, we have notable experience in RCRA and CERCLA site cleanup activities as well as contract disputes involving the allocation of environmental liabilities. We are also at the forefront of emerging environmental issues and risks, including the reduction of ethylene oxide (EtO) emissions and the investigation and remediation of per- and polyfluoroalkyl substances (PFAS).

Start with the basic building block of all narrative.

In a village of La Mancha, the name of which I have no desire to call to mind, there lived not long since one of those gentlemen that keep a lance in the lance-rack, an old buckler, a lean hack, and a greyhound for coursing.

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<p>We are confident, experienced litigators and trial lawyers. Whether it is civil or criminal litigation or rulemaking challenges, we have tried and won some of the most notable environmental cases reported. We also are nationally known for our experience in the Clean Air Act and the defense of citizen suit claims arising under all federal environmental statutes, and we are often engaged at the start of large-scale projects to assist clients to successfully maneuver through the permitting process, including appeals and defense against challenges. We have successfully secured permits for facilities requiring Clean Air Act and Clean Water Act permits in recent years as well as successfully defended and brought administrative and judicial appeals regarding these permits. This work also includes supporting our clients through the National Environmental Policy Act process and other natural resources laws and, when necessary, defending or challenging federal and state decisions related to these matters. In addition, we have notable experience in RCRA and CERCLA site cleanup activities as well as contract disputes involving the allocation of environmental liabilities. We are also at the forefront of emerging environmental issues and risks, including the reduction of ethylene oxide (EtO) emissions and the investigation and remediation of per- and polyfluoroalkyl substances (PFAS).</p>

We are also adept business counselors and are often called on by our clients to advise them on managing their most critical environmental risks. In the context of transactions, we guide our clients on the buy and sell side, and develop strategic transaction structures to manage environmental risks and to “get the deals done.” We work closely with our clients’ in-house and retained environmental experts to manage risks and minimize costs associated with addressing legacy environmental matters, and we step in to enforce indemnity agreements, including, when necessary, pursuing litigation or arbitration.

<p>We are also adept business counselors and are often called on by our clients to advise them on managing their most critical environmental risks. In the context of transactions, we guide our clients on the buy and sell side, and develop strategic transaction structures to manage environmental risks and to “get the deals done.” We work closely with our clients’ in-house and retained environmental experts to manage risks and minimize costs associated with addressing legacy environmental matters, and we step in to enforce indemnity agreements, including, when necessary, pursuing litigation or arbitration.</p>

With many of our clients now focused on climate change and sustainability, we have become key partners to our clients in identifying the risks and opportunities presented by climate change and the broader push toward sustainability in the economy. As part of these efforts, in addition to supporting regulatory compliance, we regularly counsel our clients on potential opportunities and risks associated with these programs. We support our clients to identify the appropriate metrics for use in their efforts and work with them to critically evaluate the “green” aspects of their existing business and to identify and implement projects that result in the direct or indirect reductions in emissions and water consumption. We support the preparation of sustainability reports to financing partners and investors and provide critical review of the content of such reports and related company disclosures.

<p>With many of our clients now focused on climate change and sustainability, we have become key partners to our clients in identifying the risks and opportunities presented by climate change and the broader push toward sustainability in the economy. As part of these efforts, in addition to supporting regulatory compliance, we regularly counsel our clients on potential opportunities and risks associated with these programs. We support our clients to identify the appropriate metrics for use in their efforts and work with them to critically evaluate the “green” aspects of their existing business and to identify and implement projects that result in the direct or indirect reductions in emissions and water consumption. We support the preparation of sustainability reports to financing partners and investors and provide critical review of the content of such reports and related company disclosures.</p>

contentpilot/expand-more

<section class="wp-block-contentpilot-expand-more"><div class="wp-block-contentpilot-expand-more__excerpt is-visible" data-selector="expand-more"><p></p></div><div class="wp-block-contentpilot-expand-more__full-content" data-selector="expand-more"><ul><li>Compliance Counseling</li><li>Environmental Litigation / Toxic Tort</li><li>Emerging Contaminants / Product Stewardship / Chemical Regulation</li><li>Legacy Site / Project Management / Contract Disputes</li><li>Transactions / EHS Due Diligence / Environmental Insurance</li><li>Sustainability / Climate Change / ESG</li><li>NEPA / Natural Resources Law</li><li>Natural Resource Damages</li><li>OSHA / Workplace Safety</li><li>Superfund / Cost Recovery / Contribution Actions</li><li>Projects / Permitting / Permit Appeals</li><li>Civil, Criminal and Administrative Enforcement Defense</li><li>Carbon Capture and Sequestration</li><li>Emergency / Spill Response</li><li>Rulemakings / Proceedings / Challenges</li><li>Offshore Energy Projects</li><li>Renewable Fuels</li><li>Citizen’s Suits</li><li>Emissions Trading and Offsets</li><li>Brownfield Redevelopment</li></ul><p>We are confident, experienced litigators and trial lawyers. Whether it is civil or criminal litigation or rulemaking challenges, we have tried and won some of the most notable environmental cases reported. We also are nationally known for our experience in the Clean Air Act and the defense of citizen suit claims arising under all federal environmental statutes, and we are often engaged at the start of large-scale projects to assist clients to successfully maneuver through the permitting process, including appeals and defense against challenges. We have successfully secured permits for facilities requiring Clean Air Act and Clean Water Act permits in recent years as well as successfully defended and brought administrative and judicial appeals regarding these permits. This work also includes supporting our clients through the National Environmental Policy Act process and other natural resources laws and, when necessary, defending or challenging federal and state decisions related to these matters. In addition, we have notable experience in RCRA and CERCLA site cleanup activities as well as contract disputes involving the allocation of environmental liabilities. We are also at the forefront of emerging environmental issues and risks, including the reduction of ethylene oxide (EtO) emissions and the investigation and remediation of per- and polyfluoroalkyl substances (PFAS).</p><p>We are also adept business counselors and are often called on by our clients to advise them on managing their most critical environmental risks. In the context of transactions, we guide our clients on the buy and sell side, and develop strategic transaction structures to manage environmental risks and to “get the deals done.” We work closely with our clients’ in-house and retained environmental experts to manage risks and minimize costs associated with addressing legacy environmental matters, and we step in to enforce indemnity agreements, including, when necessary, pursuing litigation or arbitration.</p><p>With many of our clients now focused on climate change and sustainability, we have become key partners to our clients in identifying the risks and opportunities presented by climate change and the broader push toward sustainability in the economy. As part of these efforts, in addition to supporting regulatory compliance, we regularly counsel our clients on potential opportunities and risks associated with these programs. We support our clients to identify the appropriate metrics for use in their efforts and work with them to critically evaluate the “green” aspects of their existing business and to identify and implement projects that result in the direct or indirect reductions in emissions and water consumption. We support the preparation of sustainability reports to financing partners and investors and provide critical review of the content of such reports and related company disclosures.</p></div><button class="wp-block-contentpilot-expand-more__more-button is-visible" data-selector="expand-more">View More</button><button class="wp-block-contentpilot-expand-more__less-button" data-selector="expand-more">View Less</button></section>

Doing Well By Doing Good: The ESG Intersection

<ul>
<li>Chambers USA
<ul>
<li>Energy & Natural Resources – Colorado (2014 to 2024)</li>
<li>Environment –Washington, D.C. (2021 to 2024)</li>
<li>Oil & Gas Litigation — USA – Nationwide (2021 to 2024)</li>
</ul>
</li>
<li>The Legal 500 United States
<ul>
<li>Energy – Energy Litigation: Oil and Gas (2015 to 2024)</li>
</ul>
</li>
<li>Law360 “Practice Group of the Year”
<ul>
<li>Energy (2015, 2022)</li>
<li>Environmental (2022)</li>
</ul>
</li>
<li>U.S. News – Best Lawyers “Best Law Firms” – National Rankings
<ul>
<li>Admiralty & Maritime Law (2013 to 2025)</li>
<li>Antitrust Law (2024, 2025)</li>
<li>Appellate Practice (2012 to 2025)</li>
<li>Commercial Litigation (2011 to 2025)</li>
<li>Communications Law (2012 to 2025)</li>
<li>Construction Law (2019 to 2025)</li>
<li>Criminal Defense – White Collar (2018 to 2025)</li>
<li>Energy Law (2012 to 2025)</li>
<li>Environmental Law (2013 to 2025)</li>
<li>International Arbitration – Commercial (2025)</li>
<li>International Arbitration – Governmental (2012 to 2025)</li>
<li>Litigation – Antitrust (2012 to 2024)</li>
<li>Litigation – Construction (2019 to 2025)</li>
<li>Litigation – First Amendment (2013 to 2024)</li>
<li>Litigation – Securities (2021 to 2025)</li>
<li>Natural Resources Law (2014 to 2025)</li>
</ul>
</li>
</ul>


John D. Parker

William L. Pence

W. Ray Whitman

Darin R. Bartram

Eric W. Kristiansen

Mark W. DeLaquil

David F. Proaño

Gregory S. Saikin

Michael C. Wilde

Ryan Fischbach

Joseph M. Esmont

John R. Lehrer II

Michael W. Mengis

Thomas A. Donaho

Darren A. Crook

Marie L. Carlisle

Andrew M. Grossman

Thomas E. Hogan

Martin T. Booher

Christopher H. Marraro

Kristina R. Ramsey

Kendall C. Kash

L. Poe Leggette

Mark S. Barron

Alexander K. Obrecht

Anthony B. Ponikvar

Cory N. Barnes

Theodore Weiss

Glenn S. Benson

Zachary E. Bernard

Joelle A. Berle

Joshua T. Wilson

Meagan Moore

Ryan A. Pittman

Lindsey N. Simmons

Greg Dillard

Micah R. Smith

Emily Mott

Katherine Raunikar

Steven M. Dettelbach

Kirk Bowersox

Ryan S. Hedges

Cleveland

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EPA Designates PFOS and PFOA as Hazardous Substances

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Doing Well by Doing Good: The ESG Intersection

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BakerHostetler Attorneys Make Significant Gains in The Legal 500 Annual Guide

Chambers and Partners USA Honors 127 Attorneys and 43 Practice Areas in 2019 Guide

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BakerHostetler Boosts High Marks in the Legal 500 2018 Annual Guide

Poe Leggette Quoted by Bloomberg Regarding Pennsylvania “Rule of Capture” Decision

<i>Chambers and Partners USA</i> Honors 118 Attorneys and 45 Practice Areas  in 2018 Guide

Poe Leggette Gives Washington Update at OCS Advisory Board Winter Workshop

Poe Leggette Discusses “The Climate Change Debate and an Energy Ethic” at State Bar of Texas Annual Meeting

Alex Obrecht Discusses Effects of Federal Oil and Gas Regulation on Public Land Development

Poe Leggette and Carey Gagnon Discuss OCS Platform Abandonment Issues

Poe Leggette Discusses 2015 Energy Legislation at AAPL Annual Meeting

<i>The Wall Street Journal</i> Article Authored by Rivkin and Foley Discusses Obama’s Immigration Policy

<i>The Wall Street Journal</i> Publishes “The Case for Suing the President” by Rivkin and Foley

Rivkin and Foley Author Article on President Obama Working Around Congress

Leggette Discusses Difficulty and Need for Carbon Storage

Industries

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Services

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White Collar, Investigations and Securities Enforcement and Litigation

Anti-Bribery and Anti-Corruption

OSHA Safety

Compliance

Retail

Superfund and Contaminated Properties

Emerging Contaminants and Chemicals

Enterprise Issues

PFAS Advice and Advocacy

State Attorney General Enforcement, Investigations and Litigation

Catastrophic Accident Response

Multidistrict Litigation

Clean Air Act

Carbon Capture, Utilization and Storage

Trump Administration Resource Center

<ul>
<li>Represent the tenth largest refinery in the world in high-profile Clean Air Act, Resource Conservation & Recovery Act, and other litigation brought by U.S. EPA.</li>
<li>Represented multiple states, major energy producers and national trade associations in major regulatory challenges including EPA’s regulation of greenhouse gases from industrial facilities and the Bureau of Land Management’s attempt to regulate hydraulic fracturing on federal lands.</li>
<li>Represent the developer of state-of-the-art steel mills in multiple states on multi-media permitting efforts and defend permit challenges and citizens suits.</li>
<li>Represent a firefighting foam manufacturer in multi-district litigation involving personal injury, property damage, and natural resource damages claims arising from the use of aqueous film forming foam (AFFF) containing PFAS.</li>
<li>Represent a health care company in civil litigation and major federal and state regulatory matters involving the use of EtO in the medical sterilization industry.</li>
<li>Advise a company on legal issues associated with the installation of carbon capture technology and the development of a Class VI carbon sequestration at two facilities in the United States, including federal Class VI, state permits and “pore space” issues.</li>
<li>Represent potentially responsible parties at major groundwater and sediment superfund sites including San Fernando Valley, Portland Harbor and Star Lake Canal.</li>
<li>Represented petroleum refineries in legal challenges to EPA’s failure to act on Renewable Fuel Standards hardship exemption petitions.</li>
<li>Represent a merchant electric transmission developer in federal and state permitting, including the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), for a 900-mile, high-voltage electric transmission project.</li>
<li>Represent clients in responding to onshore and offshore releases of oil, including vessel owners in criminal and civil matters, asserting and defending claims under the Oil Pollution Act of 1990 and for natural resource damages.</li>
<li>Litigated a natural gas exploration company’s development plan and permit concerning the Endangered Species Act (ESA) and Coastal Zone Management Act (CZMA).</li>
<li>Represented Cape Wind LLC in four consolidated district court cases that challenged approval of the first domestic offshore wind energy project.</li>
</ul>


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