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Practices:

• Compliance and Investigations
• Construction & Engineering
• Corporate
• Distressed Transactions, Workouts and Bankruptcy
• Employer Services Group
• Environment, Energy & Product Regulation
  • Air Quality
  • California Environmental Law Policy
  • CERCLA, Remediation and Brownfield Redevelopment
  • Chemicals, Pesticides and Product Regulation
  • Climate, Energy and Sustainability
  • Drugs
  • Energy
  • EU Environmental Regulations
  • Food
  • Hazardous Waste Management
  • National Environmental Policy
  • Occupational Safety and Health Act
  • Proposition 65
  • Water Resources
• Global Infrastructure and Public Private Partnerships
• Government Contracts
• Health Insurance Exchanges
• Insurance
• Intellectual Property & Technology
• International
• Litigation
• Military Bases and Communities
• Municipal Reform & Innovation
• Political Law
• Private Client Services
• Public Finance
• Public Policy and Regulatory Affairs
• Real Estate
• State Attorneys General
• Tax
• Tax-Exempt and Nonprofit Organizations
• White Collar Criminal Defense

Hazardous Waste Management

Our attorneys represent clients on the entire spectrum of issues resulting from “cradle to grave” regulation of hazardous waste. McKenna Long & Aldridge (MLA) attorneys have a wide range of experience defending enforcement actions brought by U.S. EPA and state environmental agencies relating to, among other things, alleged unlawful disposal of hazardous waste in unlined surface impoundments, hazardous waste TSD permit violations, non-compliance with 90-day hazardous waste accumulation rule, container storage violations, manifesting discrepancies, recordkeeping violations, failure to comply with corrective action requirements and failure to comply with applicable air emission rules. We also litigate hazardous and solid waste cases, including both prosecuting and defending RCRA civil suits, and defending lawsuits and challenges to permitting decisions.

Moreover, MLA routinely assists clients in understanding and complying with the Hazardous Materials Transportation Act, as well as the extensive hazardous materials transportation regulations administered by the U.S. Department of Transportation (DOT). We represent shippers, carriers, and packaging suppliers affected by DOT's hazardous materials transportation regulations. Our experience includes developing petitions for rulemaking, exemptions and approvals, applications for preemption determinations, counseling on interpretation of hazardous materials regulations, design of compliance programs, compliance audits and defense of enforcement actions by the Federal Aviation Administration, Federal Railroad Administration, Federal Motor Carrier Safety Administration, U.S. Coast Guard, and Pipeline and Hazardous Materials Safety Administration.  Our attorneys are supplemented by extensive Superfund and brownfield practices.

Our attorneys have been very successful in working with attorneys within various federal agencies in order to significantly reduce or eliminate penalties assessed as a result of enforcement actions.

Hazardous & Solid Waste / RCRA

MLA attorneys have extensive experience advising and representing clients in enforcement proceedings, and litigating cases involving hazardous and solid waste issues. Our extensive knowledge of the federal Resource Conservation and Recovery Act (RCRA) program enables us to guide clients in managing waste, ensuring compliance and avoiding enforcement actions. The practice involves both federal and state programs, including state programs that have been delegated federal regulatory authority by the EPA, as well as non-delegated state regulatory programs. Our state program services includes comprehensive experience with the uniquely convoluted and complex California state regulatory regime. 

Hazardous Materials Transportation

Maintaining the proper flow of products, raw materials, intermediates, wastes, and other materials between sites is vital to the operation and success of virtually all businesses. Our lawyers routinely assists companies from a wide range of industries to ensure the movement of such materials is in accordance with the Hazardous Materials Regulations (HMR) issued by the U.S. Department of Transportation (DOT). MLA represents a variety of clients in the transportation of hazardous materials by rail, truck, water, air and pipeline. Major clients in this area include a variety of shippers, carriers, and packaging suppliers.

MLA has helped clients identify which materials being shipped qualify as hazardous materials and advises them regarding hazard communication programs, special packaging and labeling requirements, quantity limits, operational rules, registration, and employee training requirements.

Representative services provided to these clients also includes:

• Petitions for rulemaking, exemptions, and approvals;
• Applications for preemption determinations;
• Counseling on interpretation of hazardous materials regulations;
• Design of compliance programs; and
• Compliance audits.

MLA handles enforcement and compliance matters involving the Federal Aviation Administration, Federal Railroad Administration, Federal Motor Carrier Safety Administration, U.S. Coast Guard, and Pipeline and Hazardous Materials Safety Administration. We represent clients before the Transportation Security Administration within the Department of Homeland Security, which shares with DOT regulatory jurisdiction over hazardous materials transportation security.

MLA provides assistance to clients on a number of other transportation-related issues, including domestic and foreign rules relating to international shipments of toxic chemicals (e.g., under the Toxic Substances Control Act (TSCA) and the European Regulation on the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH)).

MLA has created an on-line tool for issuance of REACH letters of access for its consortia and other clients. To access this page, please visit http://www.mlalaw.eu/.

Underground Storage Tanks

Since the early 1980’s, MLA has advised clients on underground storage tank (“USTs") issues, before there were any federal UST regulations. Since 1984, when the federal program regulating USTs was established pursuant to the Hazardous and Solid Waste Amendments of 1984, our attorneys have had significant involvement in all aspects of UST regulation. Our practice encompasses both the federal and numerous state programs, including state programs that have been delegated federal regulatory authority by the EPA, as well as non-delegated state regulatory programs. Our state program services include comprehensive experience with the uniquely convoluted and complex California state regulatory regime.

MLA attorneys have a wide range of experience defending enforcement actions brought by the EPA and state environmental agencies relating to all aspects of UST regulation. In addition, we have had extensive experience with RCRA citizen suits relating to alleged noncompliance with UST regulations.

Representative Engagements

Hazardous Waste & Materials Transportation

Our attorneys represent clients on the entire spectrum of issues resulting from “cradle to grave” regulation of hazardous waste, including, among other things:

• Determination of whether and when a material is a “solid waste.”
• Assessment of whether particular types of waste are “hazardous.”
• Counseling on general ongoing regulatory compliance for generators, transporters and treatment/storage/disposal (TSD) facilities.
• Analysis of whether certain processes involve “treatment” of hazardous waste, that may require a TSD permit.
• Advice on preparation of a biennial hazardous waste generation report.
• Advice on preparation of hazardous waste manifests.
• Advice on the consequences of recycling activities on a particular waste stream’s regulatory status.
• Advice on management of so-called “Bevill amendment” wastes.
• Initiation of hazardous waste permit modifications.
• Advice on TSD closure activities.
• Negotiation of post-closure permitting.
• Assistance on financial assurance mechanisms and closure cost.
• Negotiation of RCRA corrective action orders.
• Advice on the identification of solid waste management units and corrective action management issues.
• Negotiation of cleanup requirements and cleanup levels.
• Delisting of hazardous waste.
• Advice and assistance in obtaining favorable written determinations from both EPA and state agencies on regulatory exemptions for certain processes and hazardous materials, where such determinations are necessary or desirable.
• Advice and assistance with "mixed waste" issues, i.e., wastes and recyclable materials that are radioactive as well as chemically hazardous.
• Assistance concerning hazardous waste and generator fees as well as oversight cost mechanisms.
• Advice on waste oil regulation.
• Advice on release reporting requirements.
• Advice on the interplay of federal and state waste regulation in states that have not been delegated authority to administer the federal RCRA program.
• Assistance with selection and evaluation of both hazardous and non-hazardous waste disposal facilities.
• Assistance with landfill siting and compliance with municipal solid waste landfill regulations.
• Assessment of universal wastes compliance.

Underground Storage Tanks Experience

Our attorneys represent clients on the entire spectrum of issues relating to underground storage tanks, including, among other things:

• Determining when a tank meets the definition of “underground storage tank” and assessing whether exemptions apply.
• Determining whether parties meet the definition of “owner” or “operator” under the regulations.
• Advice on reporting of suspected releases from USTs.
• Advice on lender liability for USTs, both pre- and post-foreclosure.
• Assistance in procuring tank insurance and in making claims for cleanup costs and third-party claims.
• Advice on making claims for cleanup costs and third-party liability against state trust funds.
• Assistance in making claims for cleanup costs under secured creditor insurance policies issued to lenders.
• Assistance with ownership transfer notifications and registration requirements.
• Negotiation of cleanup requirements and cleanup levels.
• Advice on the interplay of federal and state waste regulation in states that have not been delegated authority to administer the federal RCRA program.