Our hazardous waste experience includes:
- Defending retailers in hazardous waste enforcement actions in California and across the country. Developed hazardous waste compliance programs that help minimize the potential of enforcement, advocating on behalf of the retail industry for regulatory changes to substantially reduce burdens on the retail sector as the exclusive law firm sponsor of – and counsel to – the Environmental Compliance Committee of the Retail Industry Leaders Association (RILA).
Our facility operations experience includes:
- Defending a major grocery retailer in a nationwide Clean Air Act enforcement action alleging noncompliance with commercial refrigeration requirements across hundreds of stores.
- Developing a nationwide compliance program for Clean Water Act construction stormwater permitting for a major retailer.
- Advising clients on air regulations related to back-up generator power and refrigerants; 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.
Supply Chain Management
Our supply chain management experience includes:
- Preparing and updating 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.
- Drafting vendor agreements and other contracts to ensure that suppliers satisfy expectations regarding product compliance and to otherwise limit exposure to product-related liabilities.
- Advising 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.
Our logistics and transport experience includes:
- Working 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.
- Representing companies in related enforcement actions and efforts to obtain DOT special permits.
Our reverse logistics experience includes:
- Auditing a retailer’s reverse logistics system to determine whether unsold/returned products were being handled in compliance with waste and hazmat transport regulations.
- Assisting with waste and hazmat transport issues for product recalls.
- Advising on reverse logistics for pesticides regulated under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).
Product Take-Back and End-of-Life Management
Our experience with product take-back and end-of-life management includes:
- Developing comprehensive analyses of applicable take-back requirements for used electronics, batteries, and pharmaceuticals in the U.S., Canada, and Latin America.
- Advising 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.
Our green marketing experience includes:
- Reviewing proposed marketing claims regarding the environmental benefits of various products and services to ensure consistency with guidelines issued by the Federal Trade Commission.
- Developing training programs to help clients perform such assessments themselves, taking into account their unique circumstances.
Specially Regulated Products
Our experience with specially regulated products includes:
- Developing 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.
Our leases and insurance experience includes:
- Helping clients minimize potential environmental liabilities from their corporate leases, through appropriate lease terms, due diligence, and all appropriate inquiry related to preexisting conditions.
- Advising retailers on insurance policies covering the risks associated with warehousing.
Our facility development and construction experience includes:
- Securing land use and environmental permits and other approvals for a major retailer in numerous locations.
- Representing a major national home improvement retailer in a federal enforcement action related to discharges of stormwater during construction of the company’s stores.