Hazardous Waste. Defended retailers in hazardous waste enforcement actions in California and across the country. Developed hazardous waste compliance programs that help minimize the potential of enforcement. As the exclusive law firm sponsor of – and counsel to – the Environmental Compliance Committee of the Retail Industry Leaders Association (RILA), advocated on behalf of the retail industry for regulatory changes to substantially reduce burdens on the retail sector.
Defended a major grocery retailer in a nationwide Clean Air Act enforcement action alleging noncompliance with commercial refrigeration requirements across hundreds of stores.
Developed a nationwide compliance program for Clean Water Act construction stormwater permitting for a major retailer.
Advised 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.
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.
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.
Audited a retailer’s reverse logistics system to determine whether unsold/returned products were being handled in compliance with waste and hazmat transport regulations.
Assisted with waste and hazmat transport issues for product recalls.
Advised on reverse logistics for pesticides regulated under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).
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.
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.
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.
Secured land use and environmental permits and other approvals for a major retailer in numerous locations.
Represented a major national home improvement retailer in a federal enforcement action related to discharges of stormwater during construction of the company’s stores.