Covington’s experienced and highly-respected environmental attorneys have a proven track record of successful policy advocacy at the agencies, at OMB, at the White House and in the Congress as well in the courts.
We know Washington and we also know the issues. The hallmark of our approach is quiet advocacy based on strength of ideas. We make creative use of all available tools, including inter-agency review within the Administration, Congressional oversight and partnering with states, allies inside the government, and influential think tanks, academics, and NGOs.
Representative Matters
Many of our successes are confidential, but a few representative matters by our lawyers in recent years that we may disclose include:
- Successful policy advocacy on behalf of the American Forest & Paper Association (AF&PA) at EPA and OMB regarding revisions to the Boiler air toxics MACT standard. EPA subsequently revised the rule to exempt 99 percent of boilers from numerical standards in favor of less stringent “tune-ups.”
- Advised the pharmaceutical industry concerning environmental issues concerning the safe disposal of prescription medication.
- Successfully represented a coalition of electric utilities in obtaining administrative relief from EPA from millions of dollars of Clean Air Act §185 nonattainment penalties.
- Formed a coalition of safety equipment companies to argue that federal approval of warnings should preempt state tort suits. When it was not possible to obtain legislation, we won an interpretative ruling from the agency.
- Represented of Chemical Manufacturers Association (now the American Chemistry Council) in connection with EPA revisions to the NPDES and pretreatment regulations under the Clean Water Act. The litigation and negotiations with EPA resulted in substantial changes in these regulations.
- Successfully represented a coalition of air tour operators in obtaining relief from OMB from a proposed Department of Interior rule that would have put them out of business after they had lost in court.
- Represented clients in effluent limitations guidelines and standards proceedings before EPA and the courts for a number of industries, including organic chemicals, electroplating, nonferrous metals, bauxite refining, glass manufacturing, wood products, pharmaceuticals, copper forming and metal molding. The discussions with EPA and litigation resulted in substantial changes to these rules.
- Partnered with national environmental groups and think tanks on issues related to global climate change including disclosure and reform of the flood insurance program where it was in our client’s interest to do so.
- Obtained accelerated approval for wetlands permits at several sites by raising issues that the Corps of Engineers would prefer not to have to litigate.
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