Latham environmental regulatory lawyers draw on deep experience to help clients across a broad range of industries navigate the full range of government requirements, actions, and initiatives — from legislative and rulemaking processes and compliance, reporting, recall and remediation obligations, to securing regulatory approvals, and defending chemicals and products in the context of government investigation or attacks by competitors and others, activists, including NGOs, shareholders, and project opponents.
Many Latham regulatory lawyers are active in the legislative and regulatory developments at regional, national, and global levels. We routinely advise clients on environmental law and policy. We routinely help clients navigate complex agency rulemakings, win approvals for facilities, including energy and infrastructure projects, and resolve environmental compliance, enforcement, and litigation matters across industries.
We represent virtually every business sector on all aspects of air quality regulation, including federal, state, and local air quality laws, and we have represented clients in most major rulemakings under the Clean Air Act. Our work involves both mobile and stationary sources, legislative and regulatory services, compliance counseling, litigation of final agency actions, and the defense of government and citizen enforcement actions across the full spectrum of air quality matters.
Water Quality and Supply
Our water quality lawyers draw on wide-ranging experience to assist US and global clients in complying with federal, state, and local water quality laws. We regularly advise on the federal Clean Water Act, the federal Safe Drinking Water Act, California’s Porter-Cologne Water Quality Control Act and Safe Drinking Water and Toxic Enforcement Act of 1986 (also known as Proposition 65), as well as the water quality laws of many other state and local jurisdictions. We counsel on water quality litigation and compliance, coastal pollution issues, wastewater, storm water, and urban runoff, as well as desalination, wetlands permitting, water reclamation, water supply, and recycling projects globally.
Chemicals Regulation & Products
Latham addresses the full range of challenges facing manufacturers, processors, and users of chemicals, worldwide. Latham lawyers guide clients through the regulations, politics, and potential liabilities arising throughout a chemical’s lifecycle — from new product approvals to product compliance, strategy, and defense. With a “follow the molecule” approach, we partner with clients to implement integrated technical and legal strategies to protect a company’s reputation and the commercial viability of its chemicals and products. We also work routinely with clients to address regulatory barriers to their new technologies and to position their chemicals and products with reference to marketing claim such as free of, sustainable, eco-friendly, and health-based claims.
Genetically Modified Organisms, Biocides, Pesticides, and Pesticide Devices
We help companies successfully negotiate the intricate regulatory and litigious global landscape of pesticides, biocides, and pesticide devices. We have deep experience in genetically engineered crops and advise on a full range of issues, including obtaining regulatory approvals and registrations, stewardship and environmental review obligations, compliance, research and data collection, and adverse effects reporting. We defend clients with products that are the subject of government investigations, activists’ administrative challenges, or liability litigation. We also work with clients to navigate the complex landscape of the treated article exemption and of pesticide device health and efficacy substantiation and claims.
The Latham contaminated properties team works on matters related to legacy contamination around the globe. We help clients reduce liability for contaminated sites, pursue contribution from other potentially responsible parties, limit the costs of remediation, defend against natural resource damage claims that can reach into the billions of dollars, and pursue insurance and other risk transfer strategies. We are also attuned to emerging contaminants and work proactively with clients to identify and limit potential liabilities.
Occupational Safety & Health
Our practitioners have deep experience addressing clients’ occupational safety and health matters pertaining to hazard classification and labeling of chemicals, and with reference to workplace exposures, process controls, industrial hygiene, medical monitoring, and personal protective equipment. We work with clients to assess the strength and robustness of accident prevention programs for workers as well as for process safety management of highly hazardous chemicals. We advise clients on individual production facilities, corporate-wide programs, and transactional diligence. Our experience extends to injury and illness reporting, accident investigation, and civil and criminal defense matters.