We help clients in the paper, pulp, and wood product sectors fulfill their environmental responsibilities, deal with overlapping international regulatory regimes, and protect themselves from liability.
B&D advises wood products companies, pulp and paper product companies, and large global retailers of wood products on a range of environmental and supply chain issues affecting the forest products industry. Our capabilities span all areas of state, federal, and international environmental law and cover key matters such as air and water compliance, hazardous materials and waste, chemical and pesticide regulations, federal and state enforcement action defense, and supply chain due diligence requirements under the Lacey Act and the Endangered Species Act (ESA). We also maintain working relationships with leading trade associations representing the forest and wood products industries, non-governmental organizations (NGOs) active on sustainable forestry issues in the U.S., and industry consultants.
Our representation of the forest products industry dates to the late 1970s when we were chosen to lead the industry’s successful challenge to an Environmental Protection Agency (EPA) rule under the Clean Water Act that was not justified environmentally and would have increased the industry’s cost of treating conventional pollutants by billions of dollars. Since then, we have continued to advise and represent clients in the pulp, paper, and wood products sectors on vital legal and reputational issues.
We understand the forest products industry inside and out from legal, operational, and business perspectives, and are dedicated to finding pragmatic solutions for complex regulatory and supply chain matters.
We counsel clients on all phases of the wood products value chain on matters such as:
- Facility-related environmental, health, and safety (EHS) compliance.
- International supply chain due diligence and compliance.
- Chemical regulations.
- Environmental marketing claims and sustainability reporting.
- Internal training and communications.
- FDA indirect food regulations for paper products.
Our lawyers have:
- Defended one of the Northwest’s largest building materials manufacturers against air quality enforcement, permitting, and compliance actions brought by the Puget Sound Clean Air Authority, and secured needed permit modifications to enable the facility to continue to operate.
- Served as counsel to a major producer of kraft pulp and paper and advised on Resource Conservation and Recovery Act compliance and waste management matters, including securing approvals for transportation and re-use of hazardous wastes from an out-of-state hazardous cleanup site.
- Avoided the highest penalty EPA sought at the time for alleged Clean Water Act permit violations.
- Litigated against numerous insurance carriers and recovered funds to cover liabilities related to pulp, paper, and charcoal manufacturing operations throughout the U.S.
- Successfully challenged the California Ocean Plan water quality standards because they were promulgated in violation of the California Administrative Procedure Act.
- Represented and advised Fort Howard Corporation (now Georgia Pacific Corporation) under several state and federal programs at many of its facilities around the country.
- Co-authored a Clean Water Act Permit Guidance Manual tailored to the pulp and paper industry and conducted seminars for members of the industry.