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Theodore Garrett is co-chair of the firm's Environmental Practice Group and has been extensively involved in litigation and administrative proceedings, compliance matters and transactions throughout the country involving federal and state environmental and natural resource matters. He has served as counsel in more than 50 reported cases. Mr. Garrett's practice involves major compliance, regulatory and enforcement issues, particularly concerning air quality, water quality, and hazardous waste matters. His clients have included Kerr-McGee, Intalco, Pechiney, Alcan, Vulcan Materials, Holly Corporation, ASARCO, Baker Chemical, Richardson Vicks, General Motors, Procter & Gamble, American Chemistry Council (formerly CMA), Kansas City Power & Light, Dow Chemical, and American Cyanamid. He has been lead industry counsel in cases involving major EPA air and water regulations and has represented clients in numerous Superfund sites including Chem-Dyne, Aceto, Blackbird Mine, Arlington Blending, Stoller, Price Landfill, Holden Mine, Global Landfill, Heleva Landfill, and Britannia Mine. Significant cases handled by Mr. Garrett include EPA v. National Crushed Stone Assn, 449 U.S. 64 (1980)(Clean Water Act); Michigan v. EPA, 213 F.3d 663 (D.C. Cir. 2000) (Clean Air Act); Kelley v. EPA, 25 F.3d 1100 (D.C. Cir. 1994) (Superfund); Chemical Mfg. Ass'n v. NRDC, 470 U.S. 116 (1985) (Clean Water Act); Friends of the Earth v. Facet Enterprises, 618 F.Supp. 532 (W.D.N.Y. 1984) (Clean Water Act); American Cyanamid v. EPA, 810 F.2d 493 (5th Cir. 1987) (Clean Air Act); and Sun Oil Co. v. United States, 215 Ct.Cl. 716 (1978) (OCSLA lease).
Representative Matters
- Represented a petroleum refiner concerning new source review enforcement matters including negotiation of consent decrees.
- Advise and representation in litigation concerning environmental liabilities of buyers and sellers under prior agreements for the sale and purchase of manufacturing facilities.
- Advise to various clients concerning corporate compliance and document retention programs.
- Representing clients seeking reinstatement of facilities subject to federal debarment based on prior environmental violations.
- Assistance concerning the environmental aspects of due diligence and drafting of agreements for the purchase and sale of manufacturing facilities in the US and Europe.
- Advice, litigation and agency proceedings concerning CERCLA and state cleanup and NRD claims at the former Blackbird, Holden, Tungsten Queen and Britannia mine sites in the US and Canada.
- Litigation and agency proceedings concerning Superfund contribution and remedy selection at the former Stoller recycling facility in South Carolina.
Previous Experience
- U.S. Department of Justice, Office of Legal Counsel, Special Assistant to William Rehnquist (1969-1970)
Honors and Rankings
- Who's Who Legal: “Global Environment Lawyer of the Year” (2005-2009)
- Ethisphere Magazine, Attorneys Who Matter (2009)
- American College of Environmental Lawyers (2008-2009)
- The International Who’s Who of Environment Lawyers (2005-2008)
- The Lawdragon 500: Leading Lawyers in America (2008)
- Chambers USA's America's Leading Business Lawyers (“senior statesman”) (2007-2009)
- The Best Lawyers in America (2006-2010)
- Euromoney's Expert Guide to the World's Leading Product Liability Lawyers (2009)
- Euromoney’s Expert Guides to the World’s Leading Lawyers (2006-2008)
- International Who’s Who of Business Lawyers (2006-2008)
- Who’s Who in the World (2007-2008)
- Who’s Who in America (2007-2008)
- Who’s Who in American Law (2007-2008)
- National Law Journal's "100 Most Influential Lawyers in America" (1994)
Memberships and Affiliations
- ABA Section of Environment, Energy, and Resources, Chair (2000-2001); Executive Committee and Council (1995-2000); Nominating Committee (2008-)
- ABA Standing Committee on Environmental Law, Liaison (2000-2002)
- American College of Environmental Lawyers (2008-); Board of Regents (2009-)
- District of Columbia Bar, Council of Sections, Chair (1994-1995); Environment, Energy, and Resources Section, Co-Chair (1992-1994); Steering Committee (1991-1997)
- Environmental Law Reporter, Advisory Board
- Columbia Law School, Environmental Advisory Committee
- Center for Public Resources, Panels of Neutrals
Publications and Speeches
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