From its offices across the country, Beveridge & Diamond assists the retail sector with cross-cutting environmental, land use, and natural resource issues affecting development and operation of stores and distribution/return centers, as well as product design, packaging/labeling, distribution, and end-of-life management.
Key Focus Areas
- Land use, zoning, due diligence and permitting for store and distribution/return center development
- Construction and industrial stormwater management
- Air regulations concerning backup generators and refrigerants
- Hazardous substances inventories and reporting
- Hazardous materials transportation
- Product returns/reverse logistics/recalls
- Product take-back and end-of-life management
- Supply chain management (including supplier agreements)
- Product material restrictions (including California Proposition 65), packaging, and labeling
- Specially regulated products:
- Pharmaceuticals/controlled substance
- Toys and children’s product
- Chemical products (e.g., cleaning, personal care, coatings, and specialty products)
Industry Group Leaders: Elizabeth Richardson and Aaron Goldberg
- Facility Development/Construction. Secured land use and environmental permits, state agency approvals and state highway access permits for the build-out of a Fortune 100 retail pharmacy’s stores in numerous locations, which included pre-development due diligence and risk assessments and rapid-response to address legal challenges to avoid project delays. Represented a major national home improvement retailer in a federal enforcement action related to discharges of stormwater during construction of the company’s stores.
- Facility Operations. Defended a major grocery retailer in a nationwide Clean Air Act enforcement action alleging noncompliance with commercial refrigeration requirements across hundreds of stores.Advised clients on air regulations related to back-up generator power; storage and handling of batteries; stormwater and other water discharges; reporting of hazardous substances stored or maintained on-site; and waste generation, storage, and transportation.
- Leases//Insurance. Helped clients minimize potential environmental liabilities from their corporate leases, through appropriate lease terms, due diligence, and all appropriate inquiry related to preexisting conditions. Advised retailers on insurance policies covering the risks associated with warehousing.
- Supply Chain Management. Prepared and updated a Fortune 50 client’s global specifications for products obtained from suppliers, including provisions related to material restrictions, packaging, product labeling, supply chain disclosures, Proposition 65, and more. Drafted vendor agreements and other contracts to ensure that suppliers satisfy expectations regarding product compliance and to otherwise limit exposure to product-related liabilities.Advised clients on supply chain due diligence and interpretation and implementation of the U.S. Securities and Exchange Commission’s conflict minerals rule and related disclosures.
- Logistics/Transport. Worked with retailers, manufacturers, cargo carriers, and related trade associations to ensure day-to-day compliance with the U.S. Department of Transportation’s hazardous materials regulations and their international counterparts, including the requirements for lithium and other batteries, consumer commodities/ORM-D, and limited quantities. Represented companies in related enforcement actions and efforts to obtain DOT special permits.
- Reverse Logistics. Conducted an extensive audit of a retailer’s reverse logistics systems to determine whether unsold/returned products were being collected, transported, and recycled/disposed in accordance with federal and state regulations. Assisted with hazardous waste and transportation issues for numerous nationwide or worldwide product recalls. Advised retailers and others (e.g., manufacturers and distributors) on proper management of pesticides under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), including the unique issues associated with recycling and disposal of FIFRA-regulated pesticides that are also classified as hazardous wastes.
- Product Take-Back and End-of-Life Management. Developed comprehensive analyses of applicable take-back requirements for used electronics, batteries, and pharmaceuticals in the U.S., Canada, and Latin America. Advised both retailers and manufacturers on the proper management of electronic products when they reach their end-of-life, both within the U.S. and internationally.
- Green Marketing. Reviewed proposed marketing claims regarding environmental benefits of various products and services to ensure consistency with guidelines issued by the Federal Trade Commission. Developed training programs to help clients perform such assessments themselves, taking into account their unique circumstances.
- Specially Regulated Products. Developed easily deployable tools to help retailers and others manage requirements applicable to highly regulated categories of products such as toys, pesticides, food, drugs and cosmetics, batteries, consumer electronics and appliances, products containing DEA and state controlled chemicals, vehicles and engines, cleaning, personal care, and specialty products.