Statutory & Regulatory Practice
McMahon DeGulis environmental attorneys have experience with virtually all federal statutory and regulatory programs impacting environment, health, safety and energy. Our attorneys have also worked with the corresponding statutes and rules in Ohio and other states. The firm’s Columbus office and its geographic proximity to the heads of state regulatory agencies allow the firm to efficiently participate in rulemaking activities.
Clean Air Act
Our experience under the Clean Air Act includes compliance counseling, auditing, permitting, enforcement, and litigation involving air emissions sources. Our attorneys work with major and minor sources to obtain air pollution permits including Title V, FESOP and state permits that allow a facility to function cost-effectively.
Clean Water Act
Our attorneys have a wide range of experience with the Clean Water Act. We have experience with National Pollutant Discharge Elimination System permits, storm water construction permits, dredge and fill permits, and water quality certifications. In addition, we address other surface water issues, groundwater issues, stormwater issues including municipal and industrial programs and wetlands.
Resource Conservation and Recovery Act
Our attorneys counsel clients on solid and hazardous waste, universal waste, used oil and underground storage tanks as regulated by RCRA, including recycling exemptions and exclusions. This includes waste accumulation, manifesting and record keeping standards, treatment and storage and transportation. The firm has also prosecuted and defended RCRA Citizen Suits.
Comprehensive Environmental Response, Compensation and Liability Act
Our attorneys have represented all categories of PRPs in a multitude of US EPA and state-led Superfund sites in Ohio and other states. We have also defended PRPs in all of the major Natural Resource Damage sites in Ohio.
Occupational Safety and Health Administration
Our attorneys are adept at addressing health and safety concerns that arise out of OSHA. Our attorneys work to address compliance issues, audit protocols and enforcement actions before state and local authorities.
Emergency Planning and Community Right-to-Know Act
Our attorneys counsel clients on reportable quantities, continuous release reporting, Community Right-to-Know requirements and Toxic Release Inventory reporting. The firm also guides clients through requests for additional information from US EPA.
Federal Insecticide, Fungicide and Rodenticide Act
Our attorneys have led negotiations with US EPA in enforcement actions under FIFRA. We have also provided client counseling, including advising product developers, manufacturers, and purchasers to ensure compliance with FIFRA regulations, particularly in the areas of product registration, labeling, advertising and marketing. We are also familiar with the data compensation procedure under FIFRA.
Safe Drinking Water Act
Our attorneys counsel clients on federal and state safe drinking water requirements. This includes public water system regulation, permitting and licensing requirements, source water protection and water treatment implications.
Toxic Substances Control Act
Our experience includes leading enforcement negotiations with US EPA and conducting compliance counseling on a number of TSCA topics. We represent clients during US EPA inspections, prepare responses to US EPA information requests and counsel clients on regulatory and enforcement impacts of the import, export and resale of regulated chemicals. We also counsel clients on voluntary disclosure policies, TSCA inventory update reporting (now CDR), notification requirements and exemptions for pre-manufacturing and manufacturing and assist with US EPA environmental compliance audits under TSCA.