Jeff heads the firm’s Environment & Natural Resources Practice Group. He assists clients in resolving complex regulatory matters and high-stakes business disputes, and engaging in cutting-edge transactions that involve the intersection of law, science and technology.

Jeff represents clients on a full range of environmental issues under federal and state laws, including advising on regulatory compliance, contaminated property and remediation matters, due diligence in property and corporate transactions, government investigations and enforcement actions. He also has extensive litigation experience, both on the government side and in private practice, and has an impressive track record of resolving disputes short of litigation, both with respect to claims arising under a wide range of federal and state laws, and those involving  private party transactions.

Jeff also advises a variety of clients seeking to participate in water, renewable energy, and clean technology transactions. He  has substantial experience assisting clients in addressing legal, contractual, and regulatory issues arising during the development of  infrastructure projects, including obtaining government authorizations and negotiating project agreements.

Before entering private practice, Jeff served as an environmental prosecutor at the U.S. Department of Justice, where he litigated and supervised enforcement cases involving a variety of environmental laws.

Jeff is a regular contributor to the firm’s Environment and Energy Insights blog.

Representative Client Work

Transactional

  • Prepared joint portfolio development and finance agreement for solar developer with a tax equity investor to fund multiple solar projects
  • Assisted storage company in completing multiple agreements with developers for placement of rooftop solar facilities on client’s warehouses and purchase of power
  • Counseled municipality considering offshore wind power purchase, and charter school considering developer’s offer to install solar rooftop facilities, regarding terms of power purchase agreements
  • Advised client regarding regulatory and indemnity issues in negotiating agreement for sale of brownfield property

  • Negotiating commercial contracts for EPC in export credit finance transaction to purchase, operate and maintain power plant for mining project in East Africa

  • Established Go-to-Market team to assist Israeli clean and water technology, renewable energy, and energy efficiency companies in accessing capital markets, and engaging in license and joint venture agreements to commercialize in the United States

  • Led team that provided transactional and regulatory advice to, and performed due diligence for, international energy client considering joint venture with Israeli company to place utility-scale solar thermal plant in Negev Desert

  • Counseled private equity firm on environmental laws in developing exit strategy from waste recovery facility investment

Regulatory

  • Advise property owner in fulfilling remediation requirements in Consent Judgment with New York State Department of Environmental Conservation and New York City Department of Environmental Protection
  • Brief clients on impact of new Administration’s environmental and energy priorities and policies

  • Advise clients on risk mitigation strategies to address initiatives of EPA and states concerning PFAS and other emerging contaminants

  • Counseled government remedial contractor in addressing regulatory issues under TSCA and state law in demolition of military facility
  • Advised provider of radiological laboratory services on complying with California’s radiation control law and regulations
  • Assisted building owner in responding to tenant’s indoor air concerns, including oversight of consultant’s investigational assessment
  • Assisted construction company in responding to U.S. EPA Show Cause Order and Notice of Non-Compliance regarding TSCA Lead-Based Paint Renovation, Repair and Painting Rule
  • Collaborated with technical consultant to obtain modifications in manufacturer’s NPDES permit to achieve compliance with effluent limits
  • Successfully directed client’s conduct of vapor intrusion study required by U.S. EPA in environmental justice matter, including negotiating work scope with Agency and supervising consultant

  • Defended client against U.S. EPA’s liability claims in CERCLA administrative proceedings, including preparing public comments submitted at the various administrative milestones, challenging the Agency’s issuance of Order requiring performance of selected site remedy, and advising on remediation and risk mitigation strategies
  • Advised and provided regulatory support to solar energy developers in states with renewable energy credit programs

  • Defended manufacturers in Clean Air Act, RCRA and HSWA enforcement proceedings

  • Counseled consumer products manufacturer regarding federal and state requirements governing marketing of “green” products

Litigation & Dispute Resolution

  • Advise a manufacturer in an indemnity dispute with prior plant owner regarding remediation of legacy contamination
  • Represent consumer products manufacturer regarding legacy liabilities, negotiations with regulatory agencies, remedy implementation and oversight at multi-party sites in New England and Midwest under CERCLA and state laws
  • Participated in arbitration and advised landowner in settling federal court litigation against lessee to recover costs incurred to remediate PCB contamination
  • Advised family farm concerning strategic options in pursuing contractual and statutory claims against logging company that created drainage and access problems on farm property
  • Successfully resolved lawsuit by California Public Health Department against laboratory operator seeking injunction to require decontamination and decommissioning of property under radiation control law and Radiologic Health Branch regulations
  • Participated in arbitration proceedings and advised client on risk management issues regarding liability and allocation among parties in federal court CERCLA litigation

  • Based on administrative record developed for client in EPA’s  CERCLA proceeding, federal district judge declined to enforce agency’s remedial order, or require that client pay civil penalties or treble damages

  • Advised indemnitor in developing defense strategy, answering multiple federal court complaints, identifying expert witnesses, and fulfilling disclosure and discovery requirements in homeowners’ environmental justice property damage cases

  • Negotiated a substantially reduced settlement payment by auto parts manufacturer to resolve cost recovery litigation with EPA and private entities by demonstrating remedy selected and performed by the agency was based on faulty conceptual site model

Bar & Court Admissions

  • District of Columbia
  • U.S. District Court, District of Columbia
  • U.S. District Court, Western District of Michigan
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the District of Columbia Circuit
  • Supreme Court of the United States

Education

  • J.D., Antioch School of Law
  • B.A., magna cum laude, Brandeis University

Awards & Honors

  • Best Lawyers in America®, recognized in Environmental Law (2016-2021)
  • Chambers USA, Recognized Practitioner in Environment, District of Columbia (2015)
  • Super Lawyers, Environmental Litigation, Washington, D.C. (2013-2021)
  • The Legal 500 U.S., Finance: Project Finance - advice to sponsor; (2018) Industry Focus: Environment - Transactional (2018-2021)
  • United States Department of Justice, Special Achievement Award (October 1989)

Seminars & Presentations

Practices

Industries

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