Josh’s representative matters include:
In the auto and engine sectors, representing companies before EPA, CARB, NHTSA and DOJ on investigations, audits, diligence reviews, compliance and enforcement matters over alleged defeat devices, tampering, AECDs, IUVP and IUCP, OBD, fuel economy and TPEM issues. Josh provides Clean Air Act regulatory advice and compliance counseling about emissions and GHG compliance to auto, heavy-duty truck, engine and equipment manufacturers, and electric vehicle manufacturers.
In the energy sector, representing major energy companies in state and federal enforcement actions, including a multi-refinery RMP and CAA 112(r) matter.
Josh’s litigation matters include defending a manufacturer facing contaminated groundwater claims, pursuing cost recovery under CERCLA and state law claims for a school district, and representing a major waste management company, successfully striking down an illegal municipal air ordinance.
Josh's Department of Justice experience includes:
- Serving as lead DOJ counsel in United States v. Volkswagen AG, et al. (“Clean Diesel”), a complex CAA mobile source case arising from the alleged illegal use of defeat devices in light-duty diesel engines in which the relief obtained includes the largest consumer recall in American history ($11 billion vehicle buyback program), a $3 billion environmental mitigation trust, a $2 billion zero-emission vehicle infrastructure investment, and a $1.45 billion civil penalty, the largest ever under the CAA.
- Serving as lead counsel in a suit to remedy dangerous and illegal storage of hazardous waste at a chemical manufacturing facility and to recover past clean-up costs, where he also prevailed in post-trial contested motions practice with a third party over lien priority to ultimately effectuate property sale.
- Serving as lead counsel in a case against a regional construction company alleging over 600 violations of the Clean Water Act NPDES permit program at various construction sites, ending in a settlement that included civil penalty and injunctive relief requiring a company-wide stormwater training and compliance program.
- Serving as lead U.S. counsel in a case to recover remedial costs in a $400 million nuclear waste site cleanup matter.
- Serving as co-counsel in a $30 million case brought on behalf of the Department of Defense against multiple petroleum companies to recover environmental cleanup costs at a defense site adjacent to an oil refinery.
- Serving as lead counsel in an action to collect Superfund responses costs from recalcitrant CERCLA judgment debtors and a third party insurance company, ending in a settlement in favor of the United States for $2.225 million.
- Serving as lead counsel in a Safe Drinking Water Act matter to address the threat of imminent and substantial endangerment to a potential underground source of drinking water posed by an improperly plugged oil well, ending in the successful negotiation of a resolution where the well owner agreed to implement a long-term aquifer remediation system.
- Serving as lead counsel in the negotiation of a CERCLA Remedial Design/Remedial Action Consent Decree with a major petroleum company for a multi-million dollar cleanup of a legacy coking operation.