Beveridge & Diamond
 
Donald J. Patterson, Jr. photo

Donald J. Patterson, Jr.

Principal


1350 I Street, N.W.
Suite 700
Washington, DC 20005-3311
Washington

Practices
Practices
Education
Education
  • College of William and Mary (B.A., summa cum laude, Phi Beta Kappa, 1979)
  • University of Michigan (J.D., 1982)
Bar Admissions & Memberships
Bar Admissions & Memberships
  • District of Columbia
  • American Bar Association

In his over twenty-five years in Beveridge & Diamond's Washington office, Donald J. Patterson, Jr. has represented oil and gas, chemical, pharmaceutical, mining and mineral processing, and automobile companies, other manufacturers, retailers, developers, waste disposal companies, and non-profits in a wide range of environmental litigation, enforcement, counseling and transactional matters.

In his environmental litigation/negotiation/ADR practice, Don has litigated environmental administrative law cases before the District of Columbia Circuit and federal district courts.  He has represented clients in EPA and "state equivalent" CERCLA (including NRD) actions and private party contribution/cost recovery actions across the country, from New Jersey and New York west to Oklahoma and Colorado, and from Wisconsin and Illinois south to Louisiana and Texas. He has defended environmental enforcement actions brought by EPA and other state agencies under RCRA, EPCRA, CERCLA, the Clean Air Act, the Clean Water Act, and their state analogs, and has defended citizen suits brought under the Clean Water Act and RCRA.  In his appellate litigation practice, among other clients he has represented the National Mining Association (NMA) for over twenty years, successfully challenging EPA's unlawful expansion of its regulatory definition of solid waste in Association of Battery Recyclers, Inc. v. U.S. Environmental Protection Agency, 208 F3d 1047 (D.C. Cir. 2000).  Most recently, he represented NMA in Appalachian Voices v. McCarthy, Civ. No. 1:12-cv-00523-RBW, where the District Court agreed with NMA and dismissed environmental plaintiffs claims that RCRA 2002(b) required review of Bevill Amendment regulatory provisions and the RCRA "toxicity characteristic" every three years.

Don provides regulatory counseling on hazardous and universal waste and remediation issues, including with respect to "voluntary disclosures," and represents clients with regard to a range of rulemakings before EPA. He has been heavily involved in counseling clients in the mining and mineral processing industry with regard to the RCRA regulatory definition of solid waste and the Bevill Amendment, including with regard to historical contamination issues. He has represented clients in the United States and across the world with regard to development projects and contaminated properties, including at RCRA Corrective Action sites. He has also negotiated "guaranteed fixed price" remediation approaches on brownfields properties. 

Don has provided numerous companies with representation on the environmental aspects of major transactions and due diligence, and has negotiated the allocation of environmental and related liabilities for sellers and buyers in mergers and acquisitions. In addition, he has performed environmental and DOT audits for a wide range of clients, and advised clients with regard to their sustainability programs.

Don is a former member of the Firm's Management Committee and former chair of the Firm's Environmental Practice Group.

Professional Highlights

Don is a member of the Environmental Law Institute's Council of Partners.  He is AV Peer Review Rated by Martindale-Hubbell and is recognized by Law Business Research in Who's Who Legal: Environment 2016.