Editorial: Environment

01 October 2007

Environment law remains an active area in many countries across the world, and in total our research identifies 364 experts in 31 countries. A range of specialisations are present among the featured individuals, including environmental litigation expertise, such as toxic tort defence, Superfund cases, claims against insurance carriers and government investigations, as well as advice on the environmental liabilities in major transactions, regulation and compliance obligations.

US Cleans Up

The United States is by far the largest jurisdiction in the research, and is home to nearly two-thirds of the lawyers in this book. Hunton & Williams LLP has a “remarkable team of knowledgeable people”, and eight of its partners are included in the following pages - more than any other firm. All are based in the US. Five are in the country’s capital, led in the voting by the “excellent” Andrea Bear Field, former chair of the American Bar Association’s environment, energy and resources section. She was highly praised for her representation of clients such as energy, paper and flexible packaging companies in litigation and Environmental Protection Agency (EPA) enforcement actions related to the Clean Air Act. Turner Smith is head of the international environmental practice and a “top-drawer individual”. Known for his expertise both in the US and the European Union, he was formerly resident managing partner of the firm’s Brussels office. Henry Nickel is “highly visible in the market” and is a recognised authority on the Clean Air Act, the National Environmental Policy Act and Clean Water Act. The “amazing” Virginia Albrecht is renowned for her wetlands-related work, and her expertise on the Endangered Species Act also attracted admiring comment. William Brownell is the fifth nominee from the DC office, and an “essential inclusion on any list of the best”. Recognised for his representation of clients in front of federal and state agencies such as the EPA, as well as courts and the US Congress, he also advises clients on EC and national environmental law in Europe.

The firm’s remaining three featured partners are spread across three offices. David Ledbetter in Virginia is co-chair of Superfund practice group and “highly regarded” in that area. Described as “very good technically”, his practice encompasses toxic torts, environmental due diligence and environmental insurance coverage as well as a range of other work. Kathy Robb scored well in the New York research and is co-head of the firm’s resources, regulatory and environmental law team, and Charles Case is vice chair of the North Carolina Bar Association, environmental and natural resources section: an “excellent lawyer”.

Latham & Watkins LLP was described as “first class”, and enjoys an outstanding national and international reputation in the field, it has won the ‘Who’s Who Legal Environment Law Firm of the Year’ award every year since its inception. Its seven featured partners are predominantly based in the US, with a further nominee in England. Los Angeles specialist Gene Lucero previously spent six years directing the EPA’s enforcement of the federal environmental laws relating to hazardous waste and currently serves as deputy chair of the firm’s global environment, land and resource department. Rated by one source as “a very accomplished lawyer”, his litigation skills, particularly in the Superfund arena, were noted. His work on hazardous waste regulation and air and water quality was also brought to the attention of researchers. Representative matters include acting for Walt Disney Company in the Glendale Superfund site and he has also served as lead environmental counsel for Playa Capital since 2001. Robert Wyman is “among the very top air lawyers” in California and his practice spans both litigation and regulatory issues. Wyman boasts a broad client base from sectors including aerospace, energy, entertainment and transportation. James Arnone is another highly rated litigator from the firm’s LA office. Arnone works on a wide variety of matters including Superfund, the Clean Air Act, the Clean Water Act and issues arising under the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) to name a few.

Two more partners appear from the DC office. David Hayes is the global chair of the environment, land and resources department and a “top class lawyer”. Recognised for his counselling, litigation and transactional work in this field, he served as deputy secretary of the interior during the second term of the Clinton administration. From the same office, Robert Sussman also has “tremendously impressive government experience” as former deputy administrator of the EPA, where he also acted as chief operating officer and regulatory policy officer. A “very eminent figure”, he is also on the board of directors of the Environmental Law Institute. Gary Gengel gives the firm a presence in the New Jersey research, and his experience of natural resource damage claims, remediations and toxic tort litigation is highly rated. Latham & Watkins is also represented in the English research through David Mulliken, head of the firm’s European litigation department and a “first rate environment lawyer”. Praised for his representation of clients at federal and state levels in the US, he successfully argued hazardous waste site case United States v Stringfellow in the US Supreme Court.

Three With Five

Three more firms each earned five nominations in the following pages. Freshfields Bruckhaus Deringer is one – we look at that firm later. Another is Sidley Austin LLP. Angus Macbeth is “at the top of the game” according to our sources. One of three featured lawyers from the firm’s DC office, Macbeth is a former chief of the Pollution Control Section and deputy assistant attorney general in the Land and Natural Resources Division of the US Department of Justice (DoJ), and was responsible for the EPA permits enforcement and defensive litigation. He is regarded by his peers as a “Superfund guru”, and is also recognised for his extensive Clean Air and Clean Water Act expertise. David Buente is head of the firm’s environmental group and “at the peak of his powers” according to our interviewees. Particularly well known for work for clients such as American Electric Power, Cinergy, General Electric and Ford Motors in a range of matters, and his expertise in Clean Air Act, Superfund, environmental criminal matters and toxic tort attracted much admiration. He also has a background in government as former chief of the Environmental Enforcement Section, Environment and Natural Resources Division at the US DoJ. Timothy Webster is the third featured partner from the DC of- fice, and is a “terrific trial lawyer in civil and criminal environmental matters” in the eyes of our sources. In addition, Robert Olian heads the Chicago office’s environmental practice group and is co-head of the firm's national practice in this area, and recognised as “one of the finest big case Superfund lawyers around”. Sidley’s fifth partner we list is the “superb” Judith Praitis, whose advice relating to transactions, hazardous waste management and brownfield redevelopment is said to be particularly impressive.

Four of the partners from Vinson & Elkins LLP on our list are based in Texas. Carol Dinkins chairs the group and was described as “the grande dame of Texan environment law”. She is one of the most experienced environmental attorneys in the state and enjoys an “excellent reputation” for litigation, permitting and environmental counselling. “Top notch” Christopher Amandes is rated as an “outstanding regulatory lawyer” particularly for his work in the petrochemical and real estate industries. Amandes commands a great deal of respect within the industry and, among other matters, he defended a refinery in the Houston area against an enforcement case that alleged excessive benzene emissions. Molly Cagle is a “superb lawyer”, according to sources, and boasts a great deal of experience in the field. Respondents to the survey noted her strong litigation and counselling skills. She also comes highly recommended for permit work before the EPA and the Texas Commission on Environmental Quality. Sharon Mattox is “a thoughtful practitioner” and was recommended to researchers for the strength of her endangered species practice. Mattox is also well known for her work for the real estate industry, she has also represented clients in the energy, chemical and port navigation arenas. In Washington, DC, Kevin Gaynor is an “excellent litigator with a first-class client base”, recognised for civil and criminal work in this area as well as Superfund and natural resources damages work, and he co-chairs the firm’s environmental practice. Another lawyer with a government background, he previously served in the US DoJ.

Four in the Final Listing

A host of firms earned four inclusions in the listing, a large proportion of these are based in the US, reflecting the make-up of the research overall. Arnold & Porter LLP is known for its work at international, federal, state and local levels, the firm serves as outside environmental counsel to companies such as Honeywell, BP/ARCO, and General Electric. All four of the firm’s featured lawyers are very highly nominated. Michael Gerrard was variously described as a “superstar” and “phenomenally good” in our research, and he heads the New York office and its environmental practice. The 2004–2005 chair of the American Bar Association’s section of environment, energy and resources, he has a high profile among his peers, and is considered to be an “outstanding talent”; he was commended both for his disputes work in this area, and also for his handling of the environmental aspects within transactions. Thomas Milch is a former chair of Arnold & Porter’s environmental practice and now chairs the firm. One of three featured partners from the DC office, the “formidably bright” Milch was lead counsel to Honeywell in the clean-up of Onondaga Lake in New York State and environmental counsel to Texas Pacific Group on numerous corporate transactions. His colleague Joel Gross is a former chief of the environmental enforcement section at the US DoJ and a “real asset to the firm”. Respected for his work for clients on civil and criminal enforcement actions under the Clean Air Act, the Clean Water Act and the Resource Conservation and Recovery Act, he was also picked out for his expertise in cases related to both environmental and bankruptcy laws, and he has represented both debtors and creditors in environmental disputes in bankruptcy proceedings across the US. Blake Biles’s previous experience includes five years at the EPA, and he was singled out as an “authority on the Toxic Substances Control Act” and is “one of the best in the country for chemicalrelated matters”.

At New York firm Sive Paget & Riesel PC, Daniel Riesel is considered “the dean of the NY bar”. His litigation expertise is well known, and he is lead environmental lawyer for the largest commercial and residential development in New York City. David Paget is also highly rated for his courtroom skills, as well as for preparing environmental impact statements, obtaining permits and approvals and successfully defending legal challenges related to the approval and development of Brooklyn Bridge Park, the new Yankee Stadium and Hudson River Park, and the expansion of the United States Tennis Association facilities in Flushing Meadows. Jeffrey Gracer is a “fantastically able lawyer”, and his experience of cross-border transactions extends to Canada, Mexico, Europe and South America. Mark Chertok’s “broad, profoundly impressive knowledge” was also commented upon by our sources.

Beveridge & Diamond PC’s most highly regarded partner is Karl Bourdeau, one of three featured partners from DC and four overall. Described as an “excellent lawyer”, Bourdeau is particularly well known for his Resource Conservation and Recovery Act and the Comprehensive Environmental Response, Compensation and Liability Act work. From the same office, Paul Hagen is chairman of the board of the Environmental Law Institute and is recognised for his work on behalf of corporations as well as US trade associations. Holly Cannon is “highly rated” for her transactional work in particular, and Christopher McKenzie in New York comes praised for his “top class” representation of industrial clients.

Holland & Hart LLP’s four partners appear in three separate states. James Holtkamp in Salt Lake City is the manager of the environmental compliance group and was picked out by respondents for his climate change expertise in particular. The “very able” Paul Phillips is one of two nominees from the Denver office, and well known for his Superfund work, and he is accompanied by Robert Connery. Michael Brennan appears in the Wyoming research, and is recognised for his work on behalf of water resource providers, as well as energy and real estate development clients. Stoel Rives LLP is another firm with a quartet of featured partners. Beth Ginsberg in Seattle is former senior adviser to the assistant administrator of the EPA and a “very fine lawyer”. She is locally known for her representation of the Port of Seattle in environmental litigation concerning construction of a third runway at the Seattle-Tacoma International Airport. Joan Snyder and Mark Morford both appear from Portland, Oregon. The former is respected for her litigation and also for her work on the environmental aspects of real estate and business transactions; the latter was described as “wonderful” for regulatory compliance and permitting matters. Krista McIntyre is “the best environmental attorney in Idaho” and she stood out for her permitting and enforcement defence practice.

Further US Expertise

Many other individuals stand out in the US research, especially in the District of Columbia. Theodore Garrett of Covington & Burling LLP was described simply as “the dean”, and is among the most frequently nominated individuals in the entire research. He has served as counsel in more than 50 reported cases, including major compliance, regulatory and enforcement issues, and his clients have included Baker Chemical, General Motors, Procter & Gamble and Dow Chemical. Also in the nation’s capital, Lynn Bergeson of Bergeson & Campbell PC was described as “one of the finest chemicals regulation lawyers in the country”, and her practice in that area was described by one source as “second to none”. Her litigation and compliance work was also lauded, and she takes a place among the research’s elite practitioners. At Morgan Lewis & Bockius LLP, Michael Steinberg is a “hugely talented” lawyer whom clients “think the world of ”. His hazardous waste and Superfund work stands out. His colleague William Lewis also appears, and was deemed a “fantastic attorney”. Over at Venable LLP, Judson Starr’s environmental crime practice in this area is “unrivalled”; he is one of two former chiefs of the DoJ’s environmental crimes section practising at the firm. The other is Margaret Strand, who also appears in this book and is said to be “top of the heap”.

Elsewhere in the US, several other firms made an impact in the research. In Texas, Kinnan Golemon of Brown McCarroll LLP has approximately 40 years of experience in the field and many sources identified him as one of the founding fathers of environmental law in the state. An “appropriately revered figure in Texan environmental law and policy”, Golemon served as chair of the ABA’s standing committee on environmental law from 2004 to August 2007. The “experienced” Keith Hopson was also consistently nominated, particularly for the strength of his hazardous waste and Superfund practice, and Kenneth Ramirez has a strong water rights reputation. Praised as a “wonderful lawyer”, Ramirez serves on the EPA’s federal advisory committee regarding environmental issues on the US border with Mexico.

Ridgway Hall began Crowell & Moring LLP’s practice in this area, and has been working in this field since 1973. Former associate general counsel for water at the EPA, he is viewed as “very talented” and was commended for Superfund, hazardous waste and toxic tort cases. Alongside him in the DC office are Richard Schwartz, described as a “highly skilled lawyer” whose Clean Water Act work in particular drew praise, and William Anderson, an “excellent litigator”.

The “first rate” Bonnie Barnett is chair of Drinker Biddle & Reath LLP’s environmental practice group, and is based in Philadelphia. She was repeatedly recommended for her clean-up work, as well as her regulatory compliance advice. Also in Pennsylvania, David Brooman is “very capable”, while in Princeton the firm gains representation thanks to the inclusion of William Warren, chair of the firm’s New Jersey practice in this area.

Farella Braun + Martel LLP “has put together an excellent practice in recent years” and the firm houses a number of California’s leading environment attorneys. James Bruen was particularly highly nominated and is an “excellent litigator”. He has served as products and environmental counsel for General Electric, FMC, Tyco and Visa USA. Deborah Schmall was described by one source as a “top compliance and transactional lawyer”, and her brownfield-counselling practice was also noted. Robert Hines chairs the firm’s environmental department has been active in the area for more than 25 years. A “very capable attorney”, Hines served as lead regulatory counsel to Flat Rock Land regarding an investigation and clean-up of a 250-plus acre shooting range in Chula Vista. Alongside a strong litigation practice, he also provides regulatory and compliance counselling regarding site investigations and clean-ups.

Kirkpatrick & Lockhart Preston Gates Ellis LLP is also home to three lawyers on our list. William Hyatt in Newark is a “top-tier practitioner” who stood out for his Superfund work in particular, and Donald Stever in New York is said to be “one of the best”. Timothy Weston in Pennsylvania is thought to be a “seriously good lawyer across the full range of work in this area”. Warner Norcross & Judd LLP is the leading firm in Michigan, with three partners featured. At their head is Eugene Smary, a “very able lawyer with a very strong practice”. Former chair of the ABA’s section of environmental, energy and resources, Smary is the most highly nominated individual in the state. He is joined by the “excellent” Michael Robinson and John Byl. Squire Sanders & Dempsey LLP also has three of its US-based partners featured in the following pages. Kenneth Moore is “one of the pillars of the Ohio bar”, and is known for his counselling, litigation and drafting abilities. Van Carson joins him from the same office, and the “very able” Christopher Thomas appears from the Phoenix office. Squire Sanders also makes an appearance in the China research, through Charles McElwee. Described as “very bright and hugely knowledgeable”, he was commended for his environment and energy practices.

English Expertise

England is home to many of the most highly regarded individuals in the overall research. Freshfields Bruckhaus Deringer is the third firm to gain five featured individuals and all are outside the US. Three are based in the English capital. malcolm forster is joint head of the public international law group and is renowned for his environment law advice to the European Commission, the Council of Europe and the Asian Development Bank among others. A “profoundly impressive figure”, he has served as the UK representative on the Conseil Européen du Droit de l'Environnement and as vice chairman of the IUCN Commission on Environment Law. Paul Bowden is co-head of the firm’s environment, planning and regulatory group and a “very fine litigator”. Daniel Lawrence is of counsel to the firm, and a “thoroughly reliable safe pair of hands”, according to our corporate sources. He is well regarded for his environmental advice related to transactions, and also litigation expertise in this area. In Germany, Ludger Giesberts from the Cologne office is highly rated, and has represented clients in complaints to the European Commission over violations of environmental law by EU member states. In Berlin, Wolf Friedrich Spieth is known for his projects expertise, as well as his work relating to environmentally significant transactions.

Clifford Chance has two nominees from the London office. Nigel Howorth was recognised for his expertise in the planning and environment aspects of developments and energy projects, and Brian Hall is head of the group in this area and is well regarded. William Thomas heads the Americas environment practice from Washington, DC and was praised for his “very effective and thoughtful counsel”. He advises clients such as companies, financiers and developers across many aspects of environmental law. The firm’s fourth featured partner is from the Warsaw office: Stanislaw Wajda is “the go-to guy in Poland” according to our sources, and was the most highly nominated individual in the country. 

Allen & Overy LLP’s three listed lawyers are all based in Europe. Owen Lomas is head of the global environmental law group and the most highly nominated individual at the firm. Described to researchers as “exceptional”, he is said to “deliver like no one else”. Famed for his knowledge of regulatory compliance and environmental issues related to business transactions, he is the most highly regarded environment lawyer in the English capital. Matthew Townsend appears from the same office, and is a “very well respected lawyer”. Antonella Capria established the environmental and administrative group in Italy, and the quality of her advice to multinational industrial clients in this area led to her inclusion in the Italian sector for the first time.

In England, Burges Salmon LLP provides three lawyers for our list. Ross Fairley and Ian Salter are co-heads of the environmental law unit and head of the renewable energy team, and both received high levels of recognition from their peers. Fairley has advised major companies on defending against actions brought by the UK Environment Agency in relation to the UK’s largest-ever contaminated land site as well as Scotland’s first contaminated land regime claim. Salter is “one of the UK’s leading authorities on nuclear power”, and he is known for his environment work relating to the rail and waste industries. Georgie Messent stands out for her advice on the environmental and health and safety aspects of commercial and property transactions.

Jacqui O’Keeffe’s “superlative” energy and environment practice at Simmons & Simmons, particularly relating to contaminated land and waste management, meant she fared particularly well in our research, while CMS Cameron McKenna LLP is home to two highly rated individuals in London. Kathy Mylrea is a consultant to the firm and well known in the local market for her expertise across a range of sectors, including chemical and contaminated land work. Paul Sheridan is “truly engaged in the market” and comes recommended for contamination, waste, climate change and insurance work. At CMS Hasche Sigle in Hamburg, Fritz von Hammerstein is recognised for his environment as well as his energy related work.

Dewey & LeBoeuf LLP has three featured lawyers, all from the former LeBoeuf Lamb Greene & MacRae LLP. Paul Watchman is a “big name in the London market”, primarily known for his non- contentious environmental planning and regulation work. John Bowman, his colleague from the same office, is well regarded in similar areas, and the firm also appears in the US research through the inclusion of James Thompson. Chairman of the firm’s global environmental health and safety practice in the Hartford office, he is recognised for his “phenomenal” environmental permitting, compliance and project development practice.

Mainland Europe

In France, another firm to impress was Huglo Lepage & Associés, Conseil. Its three featured partners all scored highly. Co-founder Corinne Lepage is “very prominent in this area”, and our sources often commented upon the quality of her planning, litigation and climate change related work. Christian Huglo’s international marine pollution work drew praise, as did his “brilliant writing on this subject”. The “very good” Jacques Asscher is also included. Vincent Sol at Winston & Strawn LLP is one of the top lawyers from the French research. Described as “very prominent in this area”, his skills across the regulatory, transactional and litigation aspects of environment work are held in high esteem.

In Spain, Carlos de Miguel of Uría Menéndez is the most highly nominated individual and “the leader of the pack”.  The firm's environmental practice was recently strengthened thanks to the lateral hire of Juan Antonio Loste. Uría’s ‘best friend’ in Germany, Hengeler Mueller, is home to the top individual in the German research: Birgit Spießhofer.

Australia

Two firms lead Australia’s environment law market – both provide three lawyers for our list. At Blake Dawson Waldron, Patrick Ibbotson is highly rated for his advice to domestic and international clients on environmental planning and pollution. Tony Hill is similarly well regarded, and Mark Brennan, leader of the Sydney office environmental practice team completes the featured trio. Brennan has acted for proponents in 12 environmental commissions of inquiry concerning major new projects in the past decade, as well as appearing in or supervising the defence of 34 environmental prosecutions in superior courts in the same period. Clayton Utz is also well represented. Brendan Bateman was highlighted for his land and environment court litigation, defending pollution prosecutions and also for his work relating to contaminated land and brownfield redevelopments. andrew poulos leads the firm’s property planning and environment group and is also a former vice president of the National Environmental Law Association. The third partner to feature is Brad Wylynko, who leads the firm’s Western Australian environment and planning team, is co-chair of the climate change group and is a “superlative practitioner”. Elsewhere in the Australian research, John Taberner at Freehills performed exceptionally well: “if I was sending a client to Australia then it would be to him”, in the words of one respondent to our survey.

Baker & McKenzie also earned four listings in this publication, split between Australia, Mexico and Belgium. From the former, respondents “wouldn’t hesitate to recommend” Martijn Wilder, and he is a “renowned expert on climate change”. Also in the Sydney office, Andrew Beatty was recommended for both his advisory and litigation work. Federico Ruanova Guinea in Mexico City is “very good”, and Mario Deketelaere in Belgium is highly rated both domestically and overseas.

Canada and Latin America

Two firms appear from Canada with three featured partners apiece. Fasken Martineau DuMoulin LLP’s Charles Kazaz was repeatedly recommended in the Quebec research. Kazaz was described as “immensely practical” and an “exceptional lawyer”, and is past chair of the Canadian Bar Association National Environment, Energy and Resource Law Section. Also in the Montreal office is Pierre Meunier, the regional chair of the environmental and energy law group and among the leading figures in the province. The third featured partner is rosalind Cooper in Toronto, an “excellent choice” with a wide range of experience in environmental regulatory issues. The three partners from Gowling Lafleur Henderson LLP are also based in Toronto and Quebec. David Estrin is “extremely experienced in all facets of the law”, and Paul Granda is leader of the environmental law national practice group, recognised for his due diligence work relating to commercial transactions, financings or compliance audits, as well as advising clients on compliance and other matters. Mark Madras is also widely praised for his dispute resolution practice in this field. Elsewhere in Canada, the strong performance of Bennett Jones LLP should be noted, as it is home to two of the most highly nominated individuals in the country. Leonard Griffiths is thought to be “the best in Canada” by one of our sources, who would “always recommend him to clients”. Griffiths’ transactional practice was particularly well thought of; he was described as “absolutely fantastic” by one interviewee. Alongside him is Gray taylor, leader of the practice group and “a leader in Canada for climate change work”.

In Argentina, Guillermo Malm Green of Brons & Salas is said to be “incredibly impressive”; “I’ve recommended him to clients and they’ve continued to use him” according to one source. Ignacio Randle at Caparrós Randle was held in similarly high regard, and over the border in Brazil, Luiz Fernando Henry Sant'Anna at Demarest e Almeida Advogados is a “leader in the field”.

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